Civil Partnership Act 2004

83 Fatal accidents claims E+W

(1) Amend the Fatal Accidents Act 1976 (c. 30) as follows.

(2) In section 1(3) (meaning of “dependant” for purposes of right of action for wrongful act causing death), after paragraph (a) insert—

“(aa) the civil partner or former civil partner of the deceased;”.

(3) In paragraph (b)(iii) of section 1(3), after “wife” insert “ or civil partner ”.

(4) After paragraph (f) of section 1(3) insert—

“(fa) any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership;”.

(5) After section 1(4) insert—

“(4A) The reference to the former civil partner of the deceased in subsection (3)(aa) above includes a reference to a person whose civil partnership with the deceased has been annulled as well as a person whose civil partnership with the deceased has been dissolved.”

(6) In section 1(5)(a), for “by affinity” substitute “ by marriage or civil partnership ”.

(7) In section 1A(2) (persons for whose benefit claim for bereavement damages may be made)—

(a) in paragraph (a), after “wife or husband” insert “ or civil partner ”, and

(b) in paragraph (b), after “was never married” insert “ or a civil partner ”.

(8) In section 3 (assessment of damages), in subsection (4), after “wife” insert “ or civil partner ”.