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The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005

S.S.I. 2005/623 · Made 1 December 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CIVIL PARTNERSHIP

Made 1st December 2005

Coming into force 5th December 2005

The Scottish Ministers, in exercise of the powers conferred by section 259(1) to (3) of the Civil Partnership Act 2004f1 and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has in accordance with section 259(8)(b) of that Act been laid before and approved by resolution of the Scottish Parliament:

Annotations to the whole text

Footnotes

f1

2004 c. 33.

Contents

  1. 1Citation, commencement and extent
  2. 2Citation, commencement and extent
  3. 3Amendment of the Human Tissue Act 1961
  4. 4Amendment of the Conveyancing (Scotland) Act 1970
  5. 5Amendment of the Marriage (Scotland) Act 1977
  6. 6Amendment of the Marriage (Scotland) Act 1977
  7. 7Amendment of the Land Registration (Scotland) Act 1979
  8. 8Amendment of the Land Registration (Scotland) Act 1979
  9. 9Amendment of the Land Registration (Scotland) Act 1979
  10. 10Amendment of the Land Registration (Scotland) Act 1979
  11. 11Amendment of the Anatomy Act 1984
  12. 12Amendment of the Family Law Act 1986
  13. 13Amendment of the Family Law Act 1986
  14. 14Amendment of the Family Law Act 1986
  15. 15Amendment of the Family Law Act 1986
  16. 16Amendment of the Family Law Act 1986
  17. 17Amendment of the Family Law Act 1986
  18. 18Amendment of the Local Government Finance Act 1992
  19. 19Amendment of the Crofters (Scotland) Act 1993
  20. 20Amendment of the Mortgage Rights (Scotland) Act 2001
  21. 21Amendment of the Mortgage Rights (Scotland) Act 2001
  22. 22Amendment of the Mortgage Rights (Scotland) Act 2001
  23. 23Amendment of the Land Reform (Scotland) Act 2003
  24. Signature
  25. Explanatory note

1Citation, commencement and extent

This Order may be cited as the Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 and shall come into force on 5th December 2005.

2Citation, commencement and extent

This Order shall extend to Scotland only.

3Amendment of the Human Tissue Act 1961

In section 1(2)(b) of the Human Tissue Act 1961f1, after “spouse” insert “, surviving civil partner”.

4Amendment of the Conveyancing (Scotland) Act 1970

In section 19 (10B)(b)(ii) of the Conveyancing (Scotland) Act 1970f1–

(a)

after “matrimonial” insert “or family”; and

(b)

after “spouse” insert “or civil partner”.

5Amendment of the Marriage (Scotland) Act 1977

The Marriage (Scotland) Act 1977f1 is amended as follows.

6Amendment of the Marriage (Scotland) Act 1977

In Schedule 1, for paragraph 2 to that Schedule , substitute the following–

“

Relationships by affinity referred to in section 2(1A)

Daughter of former wifeSon of former husband
Daughter of former civil partnerSon of former civil partner
Former wife of fatherFormer husband of mother
Former civil partner of motherFormer civil partner of father
Former wife of father’s fatherFormer husband of father’s mother
Former civil partner of mother’s motherFormer civil partner of mother’s father
Former wife of mother’s fatherFormer husband of mother’s mother
Former civil partner of father’s motherFormer civil partner of father’s father
Daughter of son of former wifeSon of son of former husband
Daughter of son of former civil partnerSon of son of former civil partner
Daughter of daughter of former wifeSon of daughter of former husband
Daughter of daughter of former civil partnerSon of daughter of former civil partner

”

7Amendment of the Land Registration (Scotland) Act 1979

The Land Registration (Scotland) Act 1979f1 is amended as follows.

8Amendment of the Land Registration (Scotland) Act 1979

In section 6(4), in the definition of “overriding interest”–

(a)

leave out “and”; and

(b)

after “1981” insert–

“; and

(iii)

a non entitled civil partner within the meaning of section 106 of the Civil Partnership Act 2004.”.

9Amendment of the Land Registration (Scotland) Act 1979

In section 9(4), in the definition of “overriding interest”–

(a)

leave out “and”; and

(b)

after “1981” insert–

“; and

(iii)

a non entitled civil partner within the meaning of section 106 of the Civil Partnership Act 2004.”.

10Amendment of the Land Registration (Scotland) Act 1979

In section 28, in the definition of “overriding interest” after paragraph (gg) insert–

“(gh)

the non entitled civil partner within the meaning of section 106 of the Civil Partnership Act 2004;”.

11Amendment of the Anatomy Act 1984

In sections 4(3)(b) and 6(3)(b) of the Anatomy Act 1984f1, after “spouse” insert “, surviving civil partner”.

12Amendment of the Family Law Act 1986

The Family Law Act 1986f1 is amended as follows.

13Amendment of the Family Law Act 1986

In sections 8, 9 and 10, after “matrimonial” insert “or civil partnership”.

14Amendment of the Family Law Act 1986

(1)

Amend section 11 as follows.

(2)

In subsection (1)–

(a)

after “matrimonial” insert “or civil partnership”; and

(b)

after “marriage” insert “or civil partnership”.

(3)

In subsection (2), after “matrimonial” insert “or civil partnership”.

15Amendment of the Family Law Act 1986

(1)

Amend section 13 as follows.

(2)

In subsection (1), after “matrimonial” insert “or civil partnership”.

(3)

For subsection (2), substitute–

“(2)

A court in Scotland shall not have jurisdiction–

(a)

after the dismissal of matrimonial proceedings or after decree of absolvitor is granted therein; or

(b)

after the dismissal of civil partnership proceedings,

to entertain an application for a Part 1 order in those proceedings unless the application therefor was made on or before such dismissal or the granting of the decree of absolvitor.”.

(4)

In subsection (3)–

(a)

after “nullity of marriage” insert “or proceedings for dissolution or nullity of civil partnership”; and

(b)

after “the marriage” insert “or civil partnership”.

(5)

In subsection (4)–

(a)

after each occurrence of “matrimonial” insert “or civil partnership”; and

(b)

after “marriage” insert “or civil partnership”.

(6)

In subsection (6), after “matrimonial” insert “or civil partnership”.

16Amendment of the Family Law Act 1986

In section 18(1), after the definition of “child” insert–

  • ““civil partnership proceedings” means proceedings for dissolution or nullity of a civil partnership or for the separation of the partners in a civil partnership;”.

17Amendment of the Family Law Act 1986

(1)

Amend section 42 as follows.

(2)

In subsection (3), after “matrimonial” insert “or civil partnership”; and

(3)

In subsection (4), after each occurrence of “marriage” insert “or civil partnership”.

18Amendment of the Local Government Finance Act 1992

In section 77 of the Local Government Finance Act 1992f1–

(a)

in subsection (1)(a), after “is married to” insert “or in a civil partnership with”; and

(b)

after subsection (3), insert–

“(4)

For the purposes of this section two persons are in a civil partnership if they are two persons of the same gender–

(a)

who have formed a civil partnership; or

(b)

who have not formed a civil partnership but are living together as if civil partners.”.

19Amendment of the Crofters (Scotland) Act 1993

In section 11 of the Crofters (Scotland) Act 1993f1, after each occurrence of “spouse” insert “or civil partner”.

20Amendment of the Mortgage Rights (Scotland) Act 2001

The Mortgage Rights (Scotland) Act 2001f1 is amended as follows.

21Amendment of the Mortgage Rights (Scotland) Act 2001

(1)

Amend section 1 as follows.

(2)

In subsection 2(b)–

(i)

after each occurrence of “spouse” insert “or civil partner”; and

(ii)

after “matrimonial” insert “or family”.

(3)

In subsection 2(c), for “in a relationship which has the characteristics of the relationship between husband and wife, except that the persons are of the same sex,” substitute “as civil partners”.

(4)

In subsection 5(b)–

(i)

after “matrimonial” insert “or family”; and

(ii)

after “spouse” insert “or civil partner”.

22Amendment of the Mortgage Rights (Scotland) Act 2001

In section 2(7) after the definition of “matrimonial home” and “non-entitled spouse”, insert–

  • ““family home” and “civil partner” are to be construed in accordance with the Civil Partnership Act 2004 (c. 33).”.

23Amendment of the Land Reform (Scotland) Act 2003

In section 40(4)(c) of the Land Reform (Scotland) Act 2003f1, after “spouses” insert “or civil partners”.

Signature

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

1st December 2005

Explanatory note

(This note is not part of the Order)

This Order makes provision consequential on the Civil Partnership Act 2004.

It amends primary legislation to ensure that civil partners are given parity of treatment with spouses in areas of the law that are not contained within that Act.