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Section 83 Members of a person’s family.C2C1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person is a member of another’s family for the purposes of this Act if—

(a)

he is the spouse F1or civil partner of that person or he and that person live together as husband and wife F2or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex; or

(b)

he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2)

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

(a)

a relationship by marriage F3or by virtue of civil partnership shall be treated as a relationship 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

F4(ca)

a person brought up or treated by another person as if the person were the child of the other person shall be treated as that person’s child;

(d)

a child shall be treated as such whether or not his parents are married.

F5(3)

Except in subsection (1)(a), references in this Act to a person’s spouse include references to F6that person’s civil partner or to another person living together with that person as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex.

Annotations

Textual amendments

F1

Words in s. 83(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 54(a); S.S.I. 2005/604, arts. 2(c), 4

F2

Words in s. 83(1)(a) inserted (1.10.2001) by 2001 asp 10, s. 108(3)(a); S.S.I. 2001/336, art. 2(2), Sch. Pt. I (with transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

F3

Words in s. 83(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 54(b); S.S.I. 2005/604, arts. 2(c), 4

F4

S. 83(2)(ca) inserted (1.10.2001) by 2001 asp 10, s. 108(3)(b); S.S.I. 2001/336, art. 2(2), Sch. Pt. I (with transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

F5

S. 83(3) inserted (1.10.2001) by 2001 asp 10, s. 108(3)(c); S.S.I. 2001/336, art. 2(2), Sch. Pt. I (with transitional provisions and savings in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

F6

Words in s. 83(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 54(c); S.S.I. 2005/604, arts. 2(c), 4

Modifications

C1

S. 83 modified (13.3.1992) by S.I. 1992/325, regs. 3, 5, 7, Sch. 1

C2

S. 83 applied by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 37(4), 52