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SCHEDULES

SCHEDULE 28SConsequential amendments: Scotland

Part 4SMiscellaneous amendments

Mental Health (Scotland) Act 1984 (c. 36)S

50(1)Amend section 53 (definition of “relative” and “nearest relative”) as follows.S

(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, ”.

51SIn section 54 (children and young persons in care of local authority), for “or wife” substitute “ , wife or civil partner ”.