Domestic Violence Act 2018

Amendment of section 9 of Mental Health Act 2001

48. Section 9 of the Mental Health Act 2001 is amended in subsection (8) by—

(a) the substitution of the following definition for the definition of “civil partner”:

“ ‘civil partner’, in relation to a person, does not include a civil partner of a person who is living separately and apart from the person or in respect of whom—

(a) an application for an order has been made under the Domestic Violence Act 2018 or an application for an order has been made which is treated, in accordance with section 42 of that Act, as if it had been made under that Act, or

(b) an order has been made under the Domestic Violence Act 2018 or an order has been made which is treated, in accordance with section 41 of that Act, as if it had been made under that Act;”,

and

(b) the substitution of the following definition for the definition of “spouse”:

“ ‘spouse’, in relation to a person, does not include a spouse of a person who is living separately and apart from the person or in respect of whom—

(a) an application for an order has been made under the Domestic Violence Act 2018 or an application for an order has been made which is treated, in accordance with section 42 of that Act, as if it had been made under that Act, or

(b) an order has been made under the Domestic Violence Act 2018 or an order has been made which is treated, in accordance with section 41 of that Act, as if it had been made under that Act.”.