SCHEDULES

SCHEDULE 28Consequential amendments: Scotland

Part 4Miscellaneous amendments

Presumption of Death (Scotland) Act 1977 (c. 27)

45

1

Amend section 1(3) (jurisdiction of Court of Session to entertain action of declarator) as follows.

2

In paragraph (b)(i), after “spouse” insert “ or civil partner ”.

3

After paragraph (b) insert

; or

c

in a case where the pursuer in the action is the civil partner of the missing person, the following conditions are met—

i

the two people concerned registered as civil partners of each other in Scotland; and

ii

it appears to the court to be in the interests of justice to assume jurisdiction in the case.