SCHEDULES

SCHEDULE 28Consequential amendments: Scotland

Part 4Miscellaneous amendments

Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)

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(1)

Amend section 254 (meaning of “nearest relative”) as follows.

(2)

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

(3)

In subsection (3), after “spouse” insert “ or civil partner ”.

(4)

In subsection (7)(a)(ii), for “husband and wife except that the person and the relevant person are of the same sex” substitute “ civil partners ”.

70

In section 313(5)(a)(ii) (defence in respect of sexual offence), after “spouse” insert “ or civil partner ”.