# The Civil Partnership Act 2004 (Consequential Amendments) (Scotland) Order 2005 Draft 2005, ISBN 0110697596 This Order makes provision consequential on the Civil Partnership Act 2004. Made under: Civil Partnership Act 2004 (Section 259) PDFs: Printed copy https://openlegislation.uk/draft-civil-partnership-act-2004-consequential-amendments-scotland-order-2005/pdf/sdsi_0110697596_en.pdf; Executive Note https://openlegislation.uk/draft-civil-partnership-act-2004-consequential-amendments-scotland-order-2005/pdf/sdsien_0110697596_en.pdf ## Introductory text Draft Order laid before the Scottish Parliament under section 259(8)(b) of the Civil Partnership Act 2004, for approval by resolution of the Scottish Parliament. CIVIL PARTNERSHIP Made 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 2004 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: ## 1 Citation, 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. ## 2 Citation, commencement and extent This Order shall extend to Scotland only. ## 3 Amendment of the Human Tissue Act 1961 In section 1(2)(b) of the Human Tissue Act 1961, after “spouse” insert “, surviving civil partner”. ## 4 Amendment of the Conveyancing (Scotland) Act 1970 In section 19 (10B)(b)(ii) of the Conveyancing (Scotland) Act 1970– (a) after “matrimonial” insert “or family”; and (b) after “spouse” insert “or civil partner”. ## 5 Amendment of the Marriage (Scotland) Act 1977 The Marriage (Scotland) Act 1977 is amended as follows. ## 6 Amendment of the Marriage (Scotland) Act 1977 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.”. ## 7 Amendment of the Marriage (Scotland) Act 1977 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 ” ## 8 Amendment of the Land Registration (Scotland) Act 1979 The Land Registration (Scotland) Act 1979 is amended as follows. ## 9 Amendment 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.”. ## 10 Amendment 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.”. ## 11 Amendment 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;”. ## 12 Amendment of the Anatomy Act 1984 In sections 4(3)(b) and 6(3)(b) of the Anatomy Act 1984, after “spouse” insert “, surviving civil partner”. ## 13 Amendment of the Family Law Act 1986 The Family Law Act 1986 is amended as follows. ## 14 Amendment of the Family Law Act 1986 In sections 8, 9 and 10, after “matrimonial” insert “or civil partnership”. ## 15 Amendment 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”. ## 16 Amendment 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”. ## 17 Amendment 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;”. ## 18 Amendment 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”. ## 19 Amendment of the Local Government Finance Act 1992 In section 77 of the Local Government Finance Act 1992– (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.”. ## 20 Amendment of the Crofters (Scotland) Act 1993 In section 11 of the Crofters (Scotland) Act 1993, after each occurrence of “spouse” insert “or civil partner”. ## 21 Amendment of the Mortgage Rights (Scotland) Act 2001 The Mortgage Rights (Scotland) Act 2001 is amended as follows. ## 22 Amendment 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”. ## 23 Amendment 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).”. ## 24 Amendment of the Land Reform (Scotland) Act 2003 In section 40(4)(c) of the Land Reform (Scotland) Act 2003, after “spouses” insert “or civil partners”. ## Signature Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 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. --- Source: https://www.legislation.gov.uk/sdsi/2005/0110697596 (the official version) Page: https://openlegislation.uk/draft-civil-partnership-act-2004-consequential-amendments-scotland-order-2005 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.