Section 108 Meaning of “family” and “spouse”: cohabitationI1

Scotland

(1)

For the purposes of this Act, a person (“A”) is a member of another’s (“B’s”) family if—

(a)

A is the spouse F1or civil partner of B, or A and B live together 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, or

(b)

A is B’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2)

For the purpose of subsection (1)(b)—

(a)

a relationship by marriage F2or by virtue of civil partnership is to be treated as a relationship by blood,

(b)

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

(c)

the stepchild of a person is to be treated as that person’s child, and

(d)

a person brought up or treated by another person as if the person were the child of the other person is to be treated as that person’s child.

(3)

In section 83 (members of a person’s family) of the 1987 Act—

(a)

in subsection (1)(a), after “wife” insert “ or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex ”,

(b)

in subsection (2), after paragraph (c) insert—

“(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;”,

(c)

after subsection (2) insert—

“(3)
Except in subsection (1)(a), references in this Act to a person’s spouse include references 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. 108(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 64(2); S.S.I. 2005/604, arts. 2(c), 4
F2: Words in s. 108(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 64(3); S.S.I. 2005/604, arts. 2(c), 4

Commencement

I1: S. 108 wholly in force at 1.10.2001, see s. 113 and S.S.I. 2001/336, art. 2(2), Sch. Pt. I (subject to transitional provisions in art. 3) (as amended by S.S.I. 2001/397, art. 7(b))

Notes on the whole Act

Textual amendments

F1: Act modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 3 (with ss. 1(2), 6, 7, 8) (which affecting provision is continued until 31.3.2024 by The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82), regs. 1(3), 2(2)) (as amended (27.9.2023) by S.S.I. 2023/275, reg. 2(2))