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, ”.