The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005

Contents

Article 1Citation, commencement and extent#

This Order may be cited as the Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005, and shall come into force on 5th December 2005.

Article 2Citation, commencement and extent#

This Order shall extend to Scotland only.

Article 3Amendment of the Cremation (Scotland) Regulations 1935#

The Cremation (Scotland) Regulations 1935 are amended as follows.

Article 4Amendment of the Cremation (Scotland) Regulations 1935#

In the Schedule–

(a)in Form A (Application for Cremation)–

(i)after “married,” insert “civil partner,”; and

(ii)in the definition of “near relative” at question 4 after “widower,” insert “civil partner,”.

(b)in Form AA (Application for cremation of body parts)–

(i)after “married,” insert “civil partnership,”;

(ii)in question 1 after “nearest surviving relative” insert “, who may be the civil partner,”; and

(iii)in the definition of “near relative” after “widow or widower,” insert “civil partner,”.

Article 5Amendment of the Anatomy Regulations 1988#

In regulations 2(2)(e) and 4(1)(e) of the Anatomy Regulations 1988 after “surviving spouse” insert “, civil partner”.

Article 6Amendment of the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989#

In regulations 4(1), 4A, 5(b) and (e) of the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 after “spouse” insert “, civil partner”.

Article 7Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992#

The Nursing and Midwifery Student Allowances (Scotland) Regulations 1992 are amended as follows.

Article 8Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992#

In Schedule 1 (Persons Eligible for Allowances)–

(a)in paragraph 3 after each occurrence of “spouse” insert “or civil partner”; and

(b)in paragraphs 5 and 6 after “spouse” insert “, civil partner”.

Article 9Amendment of the Nursing and Midwifery Student Allowances (Scotland) Regulations 1992#

In Schedule 2 (Ordinary Residence) in paragraphs 1 and 2 after “spouse” insert “or civil partner”.

Article 10Amendment of the Council Tax (Discounts) (Scotland) Regulations 1992#

The Council Tax (Discounts) (Scotland) Regulations 1992 are amended as follows.

Article 11Amendment of the Council Tax (Discounts) (Scotland) Regulations 1992#

In regulation 2 (care workers)–

(a)in paragraph (3)(b) after “spouse” insert “, civil partner”; and

(b)for paragraph (4) there is substituted–“4 For the purposes of sub paragraph (b) of paragraph (3) above–a a person is the spouse of another if they are a man and a woman–i who are married to each other; orii who are not married to each other but are living together as husband and wife; andb a person is the civil partner of another if they are of the same sex and–i are civil partners of each other; orii are not civil partners of each other but are living together as civil partners to each other.”

Article 12Amendment of the Council Tax (Discounts) (Scotland) Regulations 1992#

In Schedule 1 (Persons Disregarded for Purposes of Discount), in paragraph 5 (spouses and dependents of students) after “spouse” insert “, civil partner”.

Article 13Amendment of the Education Authority Bursaries (Scotland) Regulations 1995#

The Education Authority Bursaries (Scotland) Regulations 1995 are amended as follows.

Article 14Amendment of the Education Authority Bursaries (Scotland) Regulations 1995#

In regulation 4 (amount of bursaries), in paragraph (3) after “spouse” insert “or civil partner”.

Article 15Amendment of the Education Authority Bursaries (Scotland) Regulations 1995#

In Schedule 1 (Persons Eligible for Bursaries)–

(a)in paragraph 2A after each occurrence of “spouse” insert “or civil partner”; and

(b)in paragraphs 3(a)(ii) and 3A(b) after “spouse” insert “, civil partner”.

Article 16Amendment of the Education Authority Bursaries (Scotland) Regulations 1995#

In Schedule 2 (Ordinary Residence)–

(a)in paragraphs 1(a) and 2(3)(b) after “spouse” insert “, civil partner”; and

(b)in paragraph 2(4)(b) after “married” insert “or in a civil partnership”.

Article 17Amendment of the Education (Fees and Awards) (Scotland) Regulations 1997#

The Education (Fees and Awards) (Scotland) Regulations 1997 are amended as follows.

Article 18Amendment of the Education (Fees and Awards) (Scotland) Regulations 1997#

In Schedule 1 (Fee – Excepted Students)–

(a)in paragraphs 3(b), 5 and 7 after “spouse” insert “, civil partner”; and

(b)in paragraph 6(1)(b) after “spouse” insert “or civil partner”.

Article 19Amendment of the Education (Fees and Awards) (Scotland) Regulations 1997#

In Schedule 2 (Post-Graduate Agricultural Studentships and Newbattle Abbey College Maintenance Awards – Excepted Candidates)–

(a)in paragraphs 2(1)(b), 4(1)(b)(ii) and 4(2)(b) after each occurrence of “spouse” insert “or civil partner”; and

(b)in paragraphs 3, 4(1)(b)(i) and 4(2)(a) after “spouse” insert “, civil partner”.

Article 20Amendment of the Education (Fees and Awards) (Scotland) Regulations 1997#

In Schedule 3 (Fees Awards – Excepted Candidates) in paragraph 5 after “spouse”–

(a)where it first occurs insert “, civil partner”; and

(b)where it second occurs insert “or civil partner”.

Article 21Amendment of the Home Energy Efficiency Scheme Regulations 1997#

The Home Energy Efficiency Scheme Regulations 1997 are amended as follows.

Article 22Amendment of the Home Energy Efficiency Scheme Regulations 1997#

In regulation 4(1) after each occurrence of “spouse” insert “or civil partner”.

Article 23Amendment of the Home Energy Efficiency Scheme Regulations 1997#

In regulation 4(3), at the appropriate place, insert–“• “civil partner” includes any person who lives together with the applicant as his or her civil partner;”

Article 24Amendment of the Home Energy Efficiency Scheme Regulations 1997#

In regulation 15–

(a)at the appropriate place, insert–“• “civil partner” includes any person who lives together with the applicant as his or her civil partner;”

(b)in the definition of “spouse” omit–“or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex”

Article 25Amendment of the Home Energy Efficiency Scheme Regulations 1997#

In regulation 17(1)(a) after “spouse” insert “or civil partner”.

Article 26Amendment of the Scotland Act 1998 (Transitory and Transitional Provisions) (Scottish Parliamentary Pension Scheme) Order 1999#

The Scotland Act 1998 (Transitory and Transitional Provisions) (Scottish Parliamentary Pension Scheme) Order 1999 is amended as follows.

Article 27Amendment of the Scotland Act 1998 (Transitory and Transitional Provisions) (Scottish Parliamentary Pension Scheme) Order 1999#

In Part K (Surviving Spouses and Children)–

(a)in article K1 (Pensions for surviving spouses)–

(i)in paragraphs (1), (4) and (5) after each occurrence of “spouse” insert “or civil partner”; and

(ii)in paragraphs (3) and (6) after each occurrence of “spouse's” insert “or civil partner's”;

(b)in article K2 (Pensions for children) at paragraph 2(b) and article K3 (Death in service of participating member) after each occurrence of “spouse” insert “or civil partner”; and

(c)in article K4 (Enhancement of initial surviving spouses' pensions)–

(i)after each occurrence of “spouse” insert “or civil partner”; and

(ii)in paragraph (9) after “spouse's” insert “or civil partner's”.

Article 28Amendment of the Scotland Act 1998 (Transitory and Transitional Provisions) (Scottish Parliamentary Pension Scheme) Order 1999#

In Parts L (Death Gratuities) and N (Refunds) after each occurrence of “spouse” insert “or civil partner”.

Article 29Amendment of the Scotland Act 1998 (Transitory and Transitional Provisions) (Scottish Parliamentary Pension Scheme) Order 1999#

In Part M (Five Year Guarantee)–

(a)after each occurrence of “spouse” insert “or civil partner”; and

(b)in article M5(1)(b) after “spouse's” insert “or civil partner's”.

Article 30Amendment of the Scotland Act 1998 (Transitory and Transitional Provisions) (Scottish Parliamentary Pension Scheme) Order 1999#

In Schedule 6 (Additional Voluntary Contributions)–

(a)in paragraph 1 (Interpretation) inthe definition of “dependant” after “spouse” insert “, civil partner”; and

(b)in paragraph 6 (Benefits which may be provided), at sub paragraph (2)(c) after “spouse” insert “or civil partner”.

Article 31Amendment of the Students' Allowances (Scotland) Regulations 1999#

The Students' Allowances (Scotland) Regulations 1999 are amended as follows.

Article 32Amendment of the Students' Allowances (Scotland) Regulations 1999#

In regulation 4 (amount of allowances), in paragraph (3) after “spouse” insert “or civil partner”.

Article 33Amendment of the Students' Allowances (Scotland) Regulations 1999#

In Schedule 1 (Persons Eligible for Allowances)–

(a)in paragraph 3 after each occurrence of “spouse” insert “or civil partner”; and

(b)in paragraphs 5(a)(ii) and 6(b) after “spouse” insert “, civil partner”.

Article 34Amendment of the Students' Allowances (Scotland) Regulations 1999#

In Schedule 2 (Ordinary Residence)–

(a)in paragraph 1(a) and 2(3)(b) after “spouse” insert “, civil partner”; and

(b)in paragraph 3(1)(b) at the end insert “or in a civil partnership”.

Article 35Amendment of the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999#

In Schedule 2 (General Definitions) to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999, at the appropriate place, insert–“• “civil partnership” means a civil partnership which exists under or by virtue of the Civil Partnership Act 2004 (and any reference to a civil partner shall be construed accordingly);”

Article 36Amendment of the Education (Student Loans) (Scotland) Regulations 2000#

The Education (Student Loans) (Scotland) Regulations 2000 are amended as follows.

Article 37Amendment of the Education (Student Loans) (Scotland) Regulations 2000#

In regulation 2 (interpretation) in paragraph (3) after “spouse” insert “, civil partner”.

Article 38Amendment of the Education (Student Loans) (Scotland) Regulations 2000#

In regulation 4 (eligible students), at paragraph (2)(g)(ii), at the end, insert “or in a civil partnership”.

Article 39Amendment of the Education (Student Loans) (Scotland) Regulations 2000#

In regulation 11 (means test), at paragraph (1) after “spouse” insert “or civil partner”.

Article 40Amendment of the Education (Student Loans) (Scotland) Regulations 2000#

In Schedule 1 (eligible students)–

(a)in paragraphs 2 and 3 after each occurrence of “spouse” insert “, civil partner”; and

(b)in paragraph 5 after each occurrence of “spouse” insert “or civil partner”.

Article 41Amendment of the Graduate Endowment (Scotland) Regulations 2001#

The Graduate Endowment (Scotland) Regulations 2001 are amended as follows.

Article 42Amendment of the Graduate Endowment (Scotland) Regulations 2001#

In regulation 4 (exempt graduates), at paragraph (1)(b) after “married” insert “or in a civil partnership”.

Article 43Amendment of the Graduate Endowment (Scotland) Regulations 2001#

In Schedule 1 (Liable Graduates)–

(a)in paragraph 4 after each occurrence of “spouse” insert “or civil partner”; and

(b)In paragraph 6(b) after “spouse” insert “, civil partner”.

Article 44Amendment of the Graduate Endowment (Scotland) Regulations 2001#

In Schedule 2 (Ordinary Residence)–

(a)in paragraphs 1(a) and 2(3)(b) after “spouse” insert “, civil partner”; and

(b)in paragraph 3(1)(b) after “married” insert “or in a civil partnership”.

Article 45Amendment of the Scottish Local Government Election Rules 2002#

The Scottish Local Government Election Rules 2002 are amended as follows.

Article 46Amendment of the Scottish Local Government Election Rules 2002#

In Schedule 2, Part III (Contested Elections)–

(a)in paragraph 28 (questions to be put to voters), at sub paragraph (2) after each occurrence of [“wife”] insert, “civil partner”;

(b)in paragraph 32 (voting by persons with disabilities), at sub paragraph (3)(b) after “wife” insert “, civil partner”; and

(c)in appendix 1 (Forms for Use at Scottish Local Government Elections) to Schedule 2–

(i)in the form titled “Proxy’s Official Notification” after “wife” insert “, civil partner”; and

(ii)in the form titled “Declaration by the Companion of a Voter with Disabilities” after “wife” insert “, civil partner”.

Article 47Amendment of the Education Maintenance Allowances (Scotland) Regulations 2004#

The Education Maintenance Allowances (Scotland) Regulations 2004 are amended as follows.

Article 48Amendment of the Education Maintenance Allowances (Scotland) Regulations 2004#

In regulation 4 (amount of education maintenance allowances) in paragraph (4) after “to each other” insert “nor are in a civil partnership, with each other”.

Article 49Amendment of the Education Maintenance Allowances (Scotland) Regulations 2004#

In Schedule 1 (persons eligible for education maintenance allowances)–

(a)in paragraph 3 after each occurrence of “spouse” insert “or civil partner”; and

(b)in paragraphs 5(a)(ii) and 6(b) after “spouse” insert “, civil partner”.

Article 50Amendment of the Education Maintenance Allowances (Scotland) Regulations 2004#

In Schedule 2 (Ordinary Residence)–

(a)in paragraphs 1(a) and 2(3)(b) after “spouse” insert “or civil partner”; and

(b)in paragraph 2(4)(a) after “married” insert “or in a civil partnership”.

Article 51Amendment of the Council Tax (Discount for Unoccupied Dwellings) (Scotland) Regulations 2005#

The Council Tax (Discount for Unoccupied Dwellings) (Scotland) Regulations 2005 are amended as follows.

Article 52Amendment of the Council Tax (Discount for Unoccupied Dwellings) (Scotland) Regulations 2005#

In the Schedule (Classes of Dwellings) at paragraph 2 (job related dwellings)–

(a)after each occurrence of “spouse” insert “or civil partner”;

(b)in sub paragraph (4)(a) after “spouse's” insert “or civil partner's”;

(c)in sub paragraph (7) for the words from “or in a relationship” to the end substitute “and references to a person’s civil partner include references to another person living together with that person as civil partners”.

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