SCHEDULES

SCHEDULE 1 Definition of “Relative”

Section 1.

1

In this Act “relative” in relation to a deceased person includes—

a

any person who immediately before the deceased’s death was the spouse F5or civil partnerof the deceased;

F1aa

any person, not being the spouseF6or civil partner of the deceased, who was, immediately before the deceased's death , living with the deceased as husband or wife;F7 or in a relationship which had the characteristics of the relationship between civil partners

b

any person who was a parent or child of the deceased;

c

any person not falling within F8sub-paragraph (b) above who was accepted by the deceased as a child of his family;

F9ca

any person not falling within sub-paragraph (b) above who accepted the deceased as a child of the person's family;

cb

any person who—

i

was the brother or sister of the deceased; or

ii

was brought up in the same household as the deceased and who was accepted as a child of the family in which the deceased was a child;

cc

any person who was a grandparent or grandchild of the deceased;

d

any person F10not falling within sub-paragraph (b) or (cc) above who was an ascendant or descendant F12... of the deceased;

e

any person F11not falling within sub-paragraph (cb)(i) above who was, or was the issue of, a brother, sister, uncle or aunt of the deceased; F4...

f

any person who, having been a spouse of the deceased, had ceased to be so by virtue of a divorce;F7or in a relationship which had the characteristics of the relationship between civil partners F13and

g

any person who, having been a civil partner of the deceased, had ceased to be so by virtue of the dissolution of the civil partnership.

but does not include any other person.

2

In deducing any relationship for the purposes of the foregoing paragraph—

a

any relationship by affinity shall be treated as a relationship by consanguinity; any relationship of the half blood shall be treated as a relationship of the whole blood; and the stepchild of any person shall be treated as his child; and

F2b

section 1(1) of the Law Reform (Parent and Child) (Scotland) Act 1986 shall apply; and any reference (however expressed) in this Act to a relative shall be construed accordingly.

F3SCHEDULE 2 Repeals.

Section 11.

Annotations:
Amendments (Textual)
F3

Sch. 2 repealed (18.4.1993) by 1993 c. 5, ss. 7(3), 8(3) (with s. 6(4)).

Chapter

Short Title

Extent of Repeal

3 & 4 Geo. 6. c. 42.

Law Reform (Miscellaneous Provisions) Act 1940.

Section 2.

11 & 12 Geo. 6. c. 41.

Law Reform (Personal Injuries) Act 1948.

Section 2(5A).

1 & 2 Eliz. 2. c. 7.

Law Reform (Personal Injuries) (Amendment) Act 1953.

The whole Act

10 & 11 Eliz. 2. c. 42.

Law Reform (Damages and Solatium) (Scotland) Act 1962.

The whole Act.

1972 c. 33.

Carriage by Railway Act 1972.

Section 3(2).