The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005

This Order may be cited as the Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005, and shall come into force on 5th December 2005.

This Order shall extend to Scotland only.

The Cremation (Scotland) Regulations 1935^f1 are amended as follows.

In the Schedule–

In regulations 2(2)(e) and 4(1)(e) of the Anatomy Regulations 1988^f1 after “surviving spouse” insert “, civil partner”.

In regulations 4(1), 4A, 5(b) and (e) of the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989^f1 after “spouse” insert “, civil partner”.

The Nursing and Midwifery Student Allowances (Scotland) Regulations 1992^f1 are amended as follows.

In Schedule 1 (Persons Eligible for Allowances)–

In Schedule 2 (Ordinary Residence) in paragraphs 1 and 2 after “spouse” insert “or civil partner”.

The Council Tax (Discounts) (Scotland) Regulations 1992^f1 are amended as follows.

In regulation 2 (care workers)–

In Schedule 1 (Persons Disregarded for Purposes of Discount), in paragraph 5 (spouses and dependents of students) after “spouse” insert “, civil partner”.

The Education Authority Bursaries (Scotland) Regulations 1995^f1 are amended as follows.

In regulation 4 (amount of bursaries), in paragraph (3) after “spouse” insert “or civil partner”.

In Schedule 1 (Persons Eligible for Bursaries)–

In Schedule 2 (Ordinary Residence)–

The Education (Fees and Awards) (Scotland) Regulations 1997^f1 are amended as follows.

In Schedule 1 (Fee – Excepted Students)–

In Schedule 2 (Post-Graduate Agricultural Studentships and Newbattle Abbey College Maintenance Awards – Excepted Candidates)–

In Schedule 3 (Fees Awards – Excepted Candidates) in paragraph 5 after “spouse”–

The Home Energy Efficiency Scheme Regulations 1997^f1 are amended as follows.

In regulation 4(1) after each occurrence of “spouse” insert “or civil partner”.

In regulation 4(3), at the appropriate place, insert–

• ““civil partner” includes any person who lives together with the applicant as his or her civil partner;”.

In regulation 15–

In regulation 17(1)(a) after “spouse” insert “or civil partner”.

The Scotland Act 1998 (Transitory and Transitional Provisions) (Scottish Parliamentary Pension Scheme) Order 1999^f1 is amended as follows.

In Part K (Surviving Spouses and Children)–

In Parts L (Death Gratuities) and N (Refunds) after each occurrence of “spouse” insert “or civil partner”.

In Part M (Five Year Guarantee)–

In Schedule 6 (Additional Voluntary Contributions)–

The Students' Allowances (Scotland) Regulations 1999^f1 are amended as follows.

In regulation 4 (amount of allowances), in paragraph (3) after “spouse” insert “or civil partner”.

In Schedule 1 (Persons Eligible for Allowances)–

In Schedule 2 (Ordinary Residence)–

In Schedule 2 (General Definitions) to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999^f1, at the appropriate place, insert–

• ““civil partnership” means a civil partnership which exists under or by virtue of the Civil Partnership Act 2004 (and any reference to a civil partner shall be construed accordingly);”.

The Education (Student Loans) (Scotland) Regulations 2000^f1 are amended as follows.

In regulation 2 (interpretation) in paragraph (3) after “spouse” insert “, civil partner”.

In regulation 4 (eligible students), at paragraph (2)(g)(ii), at the end, insert “or in a civil partnership”.

In regulation 11 (means test), at paragraph (1) after “spouse” insert “or civil partner”.

In Schedule 1 (eligible students)–

The Graduate Endowment (Scotland) Regulations 2001^f1 are amended as follows.

In regulation 4 (exempt graduates), at paragraph (1)(b) after “married” insert “or in a civil partnership”.

In Schedule 1 (Liable Graduates)–

In Schedule 2 (Ordinary Residence)–

The Scottish Local Government Election Rules 2002^f1 are amended as follows.

In Schedule 2, Part III (Contested Elections)–

The Education Maintenance Allowances (Scotland) Regulations 2004^f1 are amended as follows.

In regulation 4 (amount of education maintenance allowances) in paragraph (4) after “to each other” insert “nor are in a civil partnership, with each other”.

In Schedule 1 (persons eligible for education maintenance allowances)–

In Schedule 2 (Ordinary Residence)–

The Council Tax (Discount for Unoccupied Dwellings) (Scotland) Regulations 2005^f1 are amended as follows.

In the Schedule (Classes of Dwellings) at paragraph 2 (job related dwellings)–

(This note is not part of the Order)