
1 
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 
This Order shall extend to Scotland only.
3 
In section 1(2)(b) of the Human Tissue Act 1961, after “spouse” insert “, surviving civil partner”.
4 
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 
The Marriage (Scotland) Act 1977 is amended as follows.
6 
In Schedule 1, for paragraph 2 to that Schedule , substitute the following–“
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”
7 
The Land Registration (Scotland) Act 1979 is amended as follows.
8 
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.”.
9 
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.”.
10 
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;”.
11 
In sections 4(3)(b) and 6(3)(b) of the Anatomy Act 1984, after “spouse” insert “, surviving civil partner”.
12 
The Family Law Act 1986 is amended as follows.
13 
In sections 8, 9 and 10, after “matrimonial” insert “or civil partnership”.
14 

(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”.
15 

(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”.
16 
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;”.
17 

(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”.
18 
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.”.
19 
In section 11 of the Crofters (Scotland) Act 1993, after each occurrence of “spouse” insert “or civil partner”.
20 
The Mortgage Rights (Scotland) Act 2001 is amended as follows.
21 

(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”.
22 
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).”.
23 
In section 40(4)(c) of the Land Reform (Scotland) Act 2003, after “spouses” insert “or civil partners”.
HUGH HENRY
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
1st December 2005