The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/3325 |
2005 No. 3325
CIVIL PARTNERSHIP
The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005
Made 2nd December 2005
Coming into force 5th December 2005
Whereas a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament;
Now therefore the Lord Chancellor, and in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, the Secretary of State, in exercise of the powers conferred on them by sections 255 and 259 of the Civil Partnership Act 20041, and having consulted such persons as they consider appropriate, as required by section 255(6) of that Act, make the following Order—
PART 1
Citation, Commencement and Extent
Citation and commencement
1.—(1) This Order may be cited as the Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 and, subject to paragraphs (2), (3), (4) and (5), shall come into force on 5th December 2005.
(2) Article 16 shall come into force on the same day as paragraph 3(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 19912comes into force.
(3) Article 31 shall come into force on the same day as paragraph 1(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 1991 comes into force.
(4) Article 46 shall come into force on the same day as paragraph 2(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 1991 comes into force.
(5) Article 66 shall come into force on the same day as Schedule 13 to the Courts and Legal Services Act 19903comes into force.
Extent
2.—(1) This Order does not extend to the Channel Islands or the Isle of Man.
(2) Part 5 extends to Northern Ireland only.
(3) Subject to paragraphs (1) and (2), any amendment made by this Order has the same extent as the provision to which it relates.
(4) Subject to paragraph (1), paragraph 4 of Schedule 7 extends to the whole of the provinces of Canterbury and York.
PART 2
Amendments of the Judicial Pensions Act (Northern Ireland) 1951
3. The Judicial Pensions Act (Northern Ireland) 19514is amended as follows.
4. In the italic heading before section 6 for “Widows' and Children’s Pensions” substitute “Widows', Surviving Civil Partners' and Children’s Pensions”.
5.—(1) Section 6 (power to grant widows' and children’s pensions) is amended as follows.
(2) For the heading substitute “Power to grant widows', surviving civil partners' and children’s pensions”.
(3) That section becomes subsection (1) of section 6.
(4) In that subsection—
(a)
(a) for “and” at the end of paragraph (i) substitute—
“(ia)
“(ia) where he leaves a surviving civil partner, a pension to that surviving civil partner (in this Part referred to as a “surviving civil partner’s pension”); and”, and
(b)
(b) for paragraph (ii) substitute—
“(ii)
“(ii) where he had a wife or a civil partner at any time during his relevant service (whether or not the marriage or civil partnership continued until his death and whether or not a widow’s pension or surviving civil partner’s pension is or can be granted), a pension for the benefit of any relevant children (in this Part referred to as a “children’s pension”).”.
(5) After that subsection insert—
“2 In subsection (1)(ii), “relevant children” means—
(a) in relation to a marriage, any children of the marriage, and
(b) in relation to a civil partnership, any children of the family,
and in paragraph (b) “children of the family” is to be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 19955.”.
6.—(1) Section 6A (widowers' pensions) is amended as follows.
(2) In the heading, after “Widowers'” insert “and surviving civil partners'”.
(3) In subsection (1)—
(a)
(a) after “female person” insert “who has, or has had, a husband or civil partner”, and
(b)
(b) after “male person” insert “who has, or has had, a wife or civil partner”.
(4) After subsection (2) insert—
“3 The transitional provisions set out in Schedule 4A shall have effect in relation to surviving civil partners' pensions.”.
7.—(1) Section 7 (widows' and widowers' pensions) is amended as follows.
(2) For the heading substitute “Widows', widowers' and surviving civil partners' pensions”.
(3) In subsection (1)—
(a)
(a) for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”, and
(b)
(b) after “marriage” insert “or formation of the civil partnership”.
(4) In subsection (2)—
(a)
(a) for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”, and
(b)
(b) for “widow or widower” substitute “widow, widower or surviving civil partner”.
(5) In subsection (3)—
(a)
(a) for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”, and
(b)
(b) for “the remarriage of the widow or widower,” substitute
“—
(a)
(a) the remarriage of, or formation of a civil partnership by, the widow or widower, or
(b)
(b) the formation of a subsequent civil partnership by, or the marriage of, the surviving civil partner,”.
(6) In subsection (5), for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.
8.—(1) In section 8 (children’s pension: beneficiaries), subsection (4) is amended as follows.
(2) After “married” insert “or a person who at the time of the death of the deceased was a civil partner”.
(3) After “marries” insert “or a person forms a civil partnership”.
(4) After “she” insert “or he”.
9.—(1) Section 10 (children’s pension: rate and mode of payment) is amended as follows.
(2) In subsection (2), for “or widower”, in both places, substitute “, widower or surviving civil partner”.
(3) In subsection (3), for “or widower” substitute “, widower or surviving civil partner”.
(4) In subsection (4)—
(a)
(a) for “leaves a widow or widower who remarries,” substitute
“—
(a)
(a) leaves a widow or widower who remarries or forms a civil partnership, or
(b)
(b) leaves a surviving civil partner who forms a subsequent civil partnership or marries,”,
(b)
(b) after “husband” insert “or civil partner”,
(c)
(c) after “wife” insert “or civil partner”, and
(d)
(d) for “widow or widower is” substitute “widow, widower or surviving civil partner is”.
10.—(1) Section 11 (contribution towards cost of widow’s and children’s pension) is amended as follows.
(2) In subsections (1), (2) and (3) after “spouse” insert “or civil partner”.
(3) In subsection (2), after “marriage” insert “or the formation of a civil partnership”.
11.—(1) In section 12 (persons serving again after retirement), paragraph (a) is amended as follows.
(2) After “marrying” insert “or forming a civil partnership”.
(3) After “widower” insert “, surviving civil partner”.
12. For section 15 (effect under this Act of certain nullity decrees) substitute—
“Effect under this Act of certain nullity decrees
15. Where a marriage or civil partnership which is voidable, but not void from the beginning, is annulled by any court, the same results shall follow under this Part of this Act as would have followed if the marriage or the civil partnership had not been voidable but had been dissolved at the date of the annulment.”.
13. In section 16 (Departmental recommendation in certain cases), for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.
14. In section 21 (financial provisions), in subsections (1)(b) and (2)(a) for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.
15. In section 22 (interpretation), in subsection (1), in the definition of “derivative benefit”, for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.
16. In Schedule 2A (transfer of accrued benefits) (to be inserted by the amendments set out in paragraph 3(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 19916), in paragraph 6(7), for “his widow, or her widower” substitute “his widow, her widower or his or her surviving civil partner”.
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