SCHEDULES
SCHEDULE 28Consequential amendments: Scotland
Part 4Miscellaneous amendments
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,
”
.