Civil Partnership Act 2004

Mental Health (Scotland) Act 1984 (c. 36)

50 (1) Amend section 53 (definition of “relative” and “nearest relative”) as follows.

(2) In subsection (1)(a), at the end insert “or civil partner”.

(3) In subsection (4)—

(a) in paragraph (b), for “or wife” substitute “, wife or civil partner” and after “spouse” insert “or civil partner”, and

(b) in paragraph (c), after “wife,” insert “civil partner,”.

(4) After subsection (5) insert—

“(5A) In this section “civil partner” includes a person who is living with the patient in a relationship which has the characteristics of the relationship between civil partners (or, if the patient is for the time being an in-patient in a hospital, was so living until the patient was admitted), and has been or had been so living for a period of not less than 6 months; but a person shall not be treated by virtue of this subsection as the nearest relative of a partner in a civil partnership unless the civil partner of the patient is disregarded by virtue of paragraph (b) of subsection (4) of this section.”

(5) In subsection (6)(b)—

(a) after “married patient” insert “or of a partner in a civil partnership”, and

(b) after “wife” insert “, or as the case may be the civil partner,”.