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Section 105 Members of a persons family

England, Wales and Scotland

(F11)

A person is a member of another's family if—

(a)

he is the spouse F2or civil partner of that person, or he and that person live together as husband and wife, F3or in a relationship which has the characteristics of the relationship between civil partners or

(b)

he is that person's parent, grandparent, child, grand- child, brother, sister, uncle, aunt, nephew or niece.

(2)

For the purposes of subsection (1)(b)—

(a)

a relationship by marriage F4 or civil partnership shall be treated as a relation- ship by blood,

(b)

a relationship of the half-blood shall be treated as a relationship of the whole blood,

(c)

the stepchild of a person shall be treated as his child, and

(d)

an illegitimate child shall be treated as the legitimate child of his mother and reputed father.

Annotations

Textual amendments

F1

S. 105 repealed (E.W.) (1.10.1996) by S.I. 1996/2325, art. 4(1), Sch. 1 Pt. I (with savings in art. 4(2)(3))

F2

Words in s. 105(1)(a) inserted (S.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 52(2)(a); S.S.I. 2005/604, arts. 2(c), 4

F3

Words in s. 105(1)(a) inserted (S.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 52(2)(b); S.S.I. 2005/604, arts. 2(c), 4

F4

Words in s. 105(2)(a) inserted (S.) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 52(3); S.S.I. 2005/604, arts. 2(c), 4