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

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.

This Order shall extend to Scotland only.

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

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

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

In section 2(1B), after paragraph (d) insert–

“(e)

in the case of a man marrying the mother of a former civil partner of his, after the death of both the former civil partner and the former civil partner’s father;

(f)

in the case of a man marrying the former civil partner of his daughter, after the death of both his daughter and his daughter’s mother;

(g)

in the case of a woman marrying the father of her former civil partner, after the death of both the former civil partner and the former civil partner’s mother;

(h)

in the case of a woman marrying a former civil partner of her son, after the death of both her son and her son’s father.”.

In Schedule 1, for paragraphs 2 and 2A to that Schedule , substitute the following–

“

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

Daughter of former wife	Son of former husband
Daughter of former civil partner	Son of former civil partner
Former wife of father	Former husband of mother
Former civil partner of mother	Former civil partner of father
Former wife of father’s father	Former husband of father’s mother
Former civil partner of mother’s mother	Former civil partner of mother’s father
Former wife of mother’s father	Former husband of mother’s mother
Former civil partner of father’s mother	Former civil partner of father’s father
Daughter of son of former wife	Son of son of former husband
Daughter of son of former civil partner	Son of son of former civil partner
Daughter of daughter of former wife	Son of daughter of former husband
Daughter of daughter of former civil partner	Son of daughter of former civil partner

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

Mother of former wife	Father of former husband
Mother of former civil partner	Father of former civil partner
Former wife of son	Former husband of daughter
Former civil partner of daughter	Former civil partner of son

”

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

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

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

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;”.

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

The Family Law Act 1986^f1 is amended as follows.

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

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;”.

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

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

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

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).”.

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

(This note is not part of the Order)