The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

Nº documento:2014 No. 3229
 
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Statutory Instruments

Constitutional Law

Devolution, Scotland

Civil Partnership

Marriage

Made

4 th December 2014

Coming into force in accordance with article 1(2)

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104 , 112(1) and 113(2) to (5) and (7) of the Scotland Act 1998(1) and section 259(1) of the Civil Partnership Act 2004(2).

In accordance with paragraphs 1 , 2 and 3 of Schedule 7 to the Scotland Act 1998 and section 259(8) of the Civil Partnership Act 2004 , a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

PART 1 INTRODUCTION

Citation and commencement

  1.   (1)  This Order may be cited as the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014.

    (2) This Order comes into force on 16 th December 2014.

    Interpretation

  2.   In this Order—

    “the 1977 Act” means the Marriage (Scotland) Act 1977(3);

    “the 1992 Act” means the Social Security Contributions and Benefits Act 1992(4);

    “the 2004 Act” means the Gender Recognition Act 2004(5);

    “the 2006 Act” means the Armed Forces Act 2006(6);

    “the 2013 Act” means the Marriage (Same Sex Couples) Act 2013(7);

    “the 2014 Act” means the Marriage and Civil Partnership (Scotland) Act 2014(8).

    Extent

  3.   (1)  Articles 1 to 3 , 7 , 29 , paragraph 15(7) and paragraph 16 of Schedule 5 extend to England and Wales, Scotland and Northern Ireland.

    (2) Articles 12 to 28 , paragraph 2(7) of Schedule 4 and paragraphs 15(1) , (2) , (3) , (4) and 19 of Schedule 5 extend to England and Wales and Scotland only.

    (3) Paragraph 15(6) of Schedule 5 extends to England and Wales only.

    (4) Articles 4 , 5 , 8 to 11 , and Schedule 1 , Schedule 2 , Schedule 3 , Schedule 4 (except as specified in paragraph (2) of this article) , Schedule 5 (except as specified in paragraphs (1) , (2) and (3) of this article) and Schedule 6 extend to Scotland only.

    (5) Article 6 extends to Northern Ireland only.

    PART 2 CONSEQUENTIAL PROVISIONS

    Meaning of marriage and related expressions: Scotland

  4.   Schedule 1 (meaning of marriage and related expressions: Scotland) has effect.

    Contrary provision to Schedule 1 and consequential modification of enactments etc. as a result

  5.   (1)  Schedule 2 (which makes provision to which paragraphs 1(1) and (2) and paragraphs 2 to 4 of Schedule 1 are subject and which disapplies those provisions in specified cases) has effect.

    (2) Schedule 3 (which modifies enactments etc. in consequence of the provision made by Schedule 2 to this Order) has effect.

    (3) Schedule 4 (which modifies the Social Security Pensions Act 1975 and the 1992 Act in consequence of the provision made by Schedule 2 to this Order and makes further consequential modifications to those Acts) has effect.

    PART 3 SCOTTISH SAME SEX MARRIAGE IN NORTHERN IRELAND

    Treatment of Scottish same sex marriage in Northern Ireland

  6.   (1)  Under the law of Northern Ireland, a Scottish marriage of a same sex couple is to be treated as a civil partnership registered in Scotland (and accordingly, the spouses are to be treated as civil partners).

    (2) In this Part “Scottish marriage” means—

    (a) a marriage which was solemnised in Scotland in accordance with the 1977 Act;

    (b) a marriage which was changed from a civil partnership in accordance with provision made under section 10 of the 2014 Act;

    (c) a marriage which was solemnised in accordance with Part 1 or 3 of Schedule 6 to the 2013 Act in relation to which the relevant part of the United Kingdom is Scotland;

    (d) a marriage which was changed from a civil partnership in accordance with Part 5 of this Order.

    Recognition of a dissolution of a deemed civil partnership

  7.   (1)  If—

    (a) a final order is made in relation to the deemed civil partnership; and

    (b) the validity of that order is recognised throughout the United Kingdom,

    that order has, throughout the United Kingdom, the same effect in relation to the Scottish marriage that it has in relation to the deemed civil partnership.

    (2) If—

    (a) a separation order is made in relation to the relevant couple as parties to the deemed civil partnership; and

    (b) the validity of that order is recognised throughout the United Kingdom,

    that order has, throughout the United Kingdom, the same effect in relation to the couple as parties to the Scottish marriage that it has in relation to them as parties to the deemed civil partnership (and has effect in relation to any other persons accordingly).

    (3) In this article—

    “deemed civil partnership” means the civil partnership which the actual marriage is treated as being by virtue of article 6;

    “final order” means—

    the dissolution or annulment of a civil partnership obtained from a court of civil jurisdiction in Northern Ireland;

    an overseas dissolution or annulment;

    “relevant couple” means the same sex couple who are parties to the actual marriage; and

    “separation order” means—

    a legal separation of the parties to a civil partnership obtained from a court of civil jurisdiction in Northern Ireland;

    an overseas legal separation of the parties to a civil partnership.

    PART 4 STATE PENSIONS

    Category B retirement pension for married person

  8.   (1)  Section 48 A of the 1992 Act(9) (Category B retirement pension for married person) does not confer a right to a Category B retirement pension on a person by reason of the person being married to a person of the same sex who was born before 6 th April 1950.

    (2) But that does not prevent section 48 A from conferring a right to such a pension on a woman by reason of her marriage to another woman (“the spouse”) if—

    (a) the spouse is a woman by virtue of a full gender recognition certificate having been issued under the 2004 Act; and

    (b) the marriage subsisted before the time when that certificate was issued.

    Category B retirement pension for widows and widowers

  9.   (1)  Section 48 B of the 1992 Act(10) (Category B retirement pension for widows and widowers) does not confer a right to a Category B retirement pension on a woman who attained pensionable age before 6 th April 2010 by reason of her marriage to another woman.

    (2) But that does not prevent section 48 B from conferring a right to such a pension on a woman by reason of her marriage to another woman (“the spouse”) if—

    (a) the spouse was, at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the 2004 Act; and

    (b) the marriage subsisted before the time when that certificate was issued.

    Category B retirement pension for widowers

  10.   (1)  Section 51(1 ZA) of the 1992 Act(11) (category B retirement pension for widowers) does not confer a right to a Category B retirement pension on a person if the person attains pensionable age on or after 6 th April 2010.

    (2) Section 51(1 ZA) of the 1992 Act does not confer a right to a Category B retirement pension on a woman by reason of her marriage to another woman (“the spouse”) if—

    (a) the spouse was, at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the 2004 Act; and

    (b) the marriage subsisted before the time when that certificate was issued.

    Adult dependency increases

  11.   (1)  In a case where a full gender recognition certificate is issued to a person under the 2004 Act—

    (a) section 83 of the 1992 Act(12) (pension increase (wife)) does not cease to apply by virtue of the change of gender; and

    (b) in the continued application of section 83 in such a case, references to a pension payable to a man, or references to his wife, are to be construed accordingly.

    (2) In a case where a full gender recognition certificate is issued to a person under the 2004 Act—

    (a) section 84 of the 1992 Act(13) (pension increase (husband)) does not cease to apply by virtue of the change of gender; and

    (b) in the continued application of section 84 in such a case, references to a pension payable to a woman, or references to her husband, are to be construed accordingly.

    Converted or changed civil partnerships

  12.   (1)  This article applies where a civil partnership is converted into a marriage under section 9 of the 2013 Act, or is changed into a marriage in accordance with provision made under the 1977 Act, section 10 of the 2014 Act or Part 5 of this Order.

    (2) For the purposes of section 48 A of, and paragraph 5 A(1)(b) of Schedule 3(14) to, the 1992 Act—

    (a) the civil partnership is to be treated as having subsisted during the period that begins with the day when it was formed and ends with the day before the conversion day; and

    (b) the marriage is to be treated as subsisting only from the conversion day.

    (3) In this article “conversion day” means the day when the civil partnership is converted into a marriage or changed into a marriage.

    PART 5 MARRIAGE OVERSEAS

    CHAPTER 1 Consular and armed forces marriage between civil partners - general

    Meaning of civil partnership

  13.   In this Part “civil partnership” means a civil partnership which—

    (a) was registered in Scotland; or

    (b) was registered outside the United Kingdom under an Order in Council made under Chapter 1 of Part 5 of the Civil Partnership Act 2004(15) where—

    (i) the parties to the civil partnership elected Scotland as the relevant part of the United Kingdom under the Order; and

    (ii) details of the civil partnership were sent to the Registrar General of Births, Deaths and Marriages for Scotland;

    and has not been dissolved, annulled or ended by death.

    Effect of consular or armed forces marriage between civil partners

  14.   Where a civil partnership is changed into a marriage under this Part, section 11 of the 2014 Act applies in relation to the marriage as if the civil partnership had been changed into a marriage in accordance with provision made under the 1977 Act or section 10(1) of the 2014 Act.

    Modification of the 2004 Act

  15.   (1)  In their application to civil partnerships changed into marriages in accordance with this Part, the following provisions of the 2004 Act have effect subject to the following modifications.

    (2) In section 4 C(16) (married person with interim certificate: issue of full certificate (Scotland))—

    (a) in subsection (3)—

    (i) paragraph (c) has effect as if for the words “and the parties” to the end were substituted by “and within the period of six months beginning with the day on which that certificate was issued a declaration was signed by a registration officer or authorised person in relation to that civil partnership in accordance with Part 2 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014”;

    (ii) paragraph (d) has effect as if for the words “submitting of notice has” were substituted by “signing of the declaration”;

    (b) for subsection (8) substitute—

    “(8) An application under subsection (3) must also include evidence of the declaration referred to in subsection (3)(c).”.

    (3) For section 4 F(17) (death of civil partner or spouse: issue of full certificate (Scotland)) , substitute—

    “4 F.    Death of a civil partner or spouse: issue of full certificate (Scotland)

    (1) A Gender Recognition Panel must issue a full gender recognition certificate to a person where the Panel is satisfied that—

    (a) an interim gender recognition certificate has been issued to the person;

    (b) the person was a party to a protected Scottish civil partnership at the time when the interim gender recognition certificate was issued;

    (c) the protected civil partnership was a qualifying civil partnership (within the meaning of section 5(6) of the Marriage (Scotland) Act 1977);

    (d) within the period of six months beginning with the day on which the interim gender recognition certificate was issued a declaration was signed by a registration officer or authorised person in relation to that civil partnership in accordance with Part 5 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014; and

    (e) the person’s spouse died—

    (i) within the period of six months beginning with the day on which the civil partnership became a marriage; and

    (ii) after the period of six months beginning with the day on which the interim gender recognition certificate was issued.

    (2) If, on an application under subsection (1) , the Panel is not satisfied—

    (a) as mentioned in that subsection; or

    (b) that the person is neither married nor a civil partner,

    the Panel must reject the application.

    (3) An application under subsection (1) must be made within the period of six months beginning with the day on which the death occurs.

    (4) An application under subsection (1) must include evidence of—

    (a) the death of the person’s spouse and the date on which it occurred;

    (b) the declaration referred to in subsection (1)(d).”.

    CHAPTER 2 Consular marriage between civil partners

    Interpretation

  16.   In this Chapter—

    (a)“declaration” has the meaning given in article 19 (consular declaration);

    (b)“registration officer” has the same meaning as in paragraph 6 of Schedule 6 to the 2013 Act;

    (c)“United Kingdom national” has the same meaning as in paragraph 15 of Schedule 6 to the 2013 Act.

    Countries or territories in which consular marriage between civil partners may take place

  17.   A registration officer may facilitate a civil partnership being changed into a marriage, where at least one of the parties is a United Kingdom national, in those countries or territories outside the United Kingdom which have notified the Secretary of State in writing that there is no objection to such changes taking place in that country or territory and which have not subsequently revoked that notice.

    Consular change of civil partnership into marriage

  18.   (1)  Parties to a civil partnership are to be regarded as having changed their civil partnership into a marriage when they have signed the declaration and followed the procedure set out in paragraph (1) of article 20 and the registration officer has signed the declaration in accordance with paragraph (2) of that article.

    (2) No religious service is to be used during the procedure set out in that article.

    Consular declaration

  19.   Before the parties to a civil partnership can change their civil partnership into a marriage in accordance with this Chapter each of the parties must sign a declaration containing—

    (a) the following details pertaining to each of the parties—

    (i) forename(s);

    (ii) surname;

    (iii) nationality;

    (iv) date of birth;

    (v) sex;

    (vi) address; and

    (b) a statement to the effect that—

    (i) each of the parties has had, for the period of 28 days ending on the day on which the change is to be completed, their usual residence within the consular district of the registration officer;

    (ii) the parties are in an existing civil partnership with each other;

    (iii) each of the parties knows of no reason why the civil partnership should not be changed into a marriage.

    Consular change procedure

  20.   (1)  The parties to a civil partnership must, in order to change their civil partnership into a marriage in accordance with this Chapter—

    (a) attend in person before the registration officer in consular premises;

    (b) provide evidence of the formation of their civil partnership with each other; and

    (c) provide such evidence as may be required by the registration officer to satisfy the registration officer of the details provided in the declaration.

    (2) Once the parties to the civil partnership have signed the declaration referred to in article 19 , the registration officer must, in the presence of the parties, also sign the declaration.

    Duty to register civil partnerships changed into marriages

  21.   (1)  The registration officer for a consular district, nominated for such purposes by the Secretary of State, must maintain a register and register in it every declaration signed by the registration officer in accordance with article 20(2) (consular change procedure).

    (2) Every nominated registration officer must, at such times as are determined by the Secretary of State, send to the Registrar General for England and Wales a copy of all declarations registered by the registration officer since those details were last sent, and if the officer has not registered a declaration over the relevant time period, confirmation of that fact.

    (3) On receipt of the declarations in accordance with paragraph (2) , the Registrar General for England and Wales must send them to the Registrar General of Births, Deaths and Marriages for Scotland.

    (4) A certified copy of any entry in a register must be provided by the Secretary of State upon request by any person until such time as an extract is available from the Registrar General of Births, Deaths and Marriages for Scotland.

    Power to dispense with requirements

  22.   (1)  If the Secretary of State is satisfied that there are good reasons why the requirement as to residence in article 19(b)(i) (consular declaration) cannot be complied with, the Secretary of State may authorise the registration officer to amend this part of the declaration to reduce the residence period.

    (2) The Secretary of State must notify the registration officer in writing of the decision to reduce the residence period and provide a statement of reasons for the decision.

    (3) If the Secretary of State authorises the registration officer to amend the declaration in accordance with paragraph (1) , the registration officer must record the statement of reasons referred to in paragraph (2) and initial the amendment made to the declaration.

    CHAPTER 3 Armed forces marriage between civil partners

    Interpretation

  23.   In this Chapter—

    (a) a reference to a country or territory includes a reference to the waters of a country or territory;

    (b) a reference to Her Majesty’s forces serving in a country or territory includes a reference to such forces serving in a ship in the waters of a country or territory;

    (c) a reference to a relevant civilian employed in a country or territory includes a reference to such a civilian employed in a ship in the waters of a country or territory;

    (d)“authorised person” has the same meaning as in paragraph 12(2)(b) of Schedule 6 to the 2013 Act;

    (e)“declaration” has the meaning given in article 26 (armed forces declaration);

    (f)“Her Majesty’s forces” has the same meaning as in the 2006 Act;

    (g)“relevant civilian” means a civilian subject to service discipline within the meaning of the 2006 Act.

    Countries or territories in which armed forces marriage between civil partners may take place

  24.   (1)  An authorised person may facilitate a civil partnership being changed into a marriage in those countries or territories outside the United Kingdom which have notified the Secretary of State in writing that there is no objection to such changes taking place in that country or territory and which have not subsequently revoked that notice, where at least one of the parties to the civil partnership is—

    (a) a member of Her Majesty’s forces serving in the country or territory in which it is proposed they change their civil partnership into a marriage;

    (b) a relevant civilian who is employed in that country or territory;

    (c) a child of a person falling within sub-paragraph (a) or (b) whose home is with that person in that country or territory.

    (2) In a case where one person (“P”) treats, or has treated, another person (“C”) , as a child of the family in relation to—

    (a) a marriage to which P is or was a party; or

    (b) a civil partnership to which P is or was a party,

    C is to be regarded for the purposes of paragraph (1)(c) as the child of P.

    Armed forces change of civil partnership into marriage

  25.   (1)  Parties to a civil partnership are to be regarded as having changed their civil partnership into a marriage when they have signed the declaration and followed the procedure set out in paragraph (1) of article 27 (armed forces change procedure) and the authorised person has signed the declaration in accordance with paragraph (2) of that article.

    (2) No religious service is to be used during the procedure set out in that article.

    Armed forces declaration

  26.   Before the parties to a civil partnership can change their civil partnership into a marriage in accordance with this Chapter, each of the parties must sign a declaration containing—

    (a) the following details pertaining to each of the parties—

    (i) forename(s);

    (ii) surname;

    (iii) nationality;

    (iv) date of birth;

    (v) sex;

    (vi) address;

    (vii) in respect of each of the parties to the civil partnership who fall within one of the descriptions in article 24(1) (countries or territories in which armed forces marriage between civil partners may take place)—

    (aa) where that person is a member of Her Majesty’s forces serving in the country or territory in which it is proposed they change their civil partnership into a marriage, the name and location of the unit in which that person is serving;

    (bb) where that person is a relevant civilian employed in that country or territory, the name and location of the post where that person is employed;

    (cc) where the person falls within the description in article 24(1)(c) (but does not fall within either paragraph (a) or (b) of that article) , the information referred to in (as the case may be) head (aa) or (bb) about each of that person’s parents who falls within the description in paragraph (a) or (b) of that article; and

    (b) a statement to the effect that—

    (i) the parties are in an existing civil partnership with each other; and

    (ii) each of the parties knows of no reason why the civil partnership should not be changed into a marriage.

    Armed forces change procedure

  27.   (1)  The parties to a civil partnership must, in order to change their civil partnership into a marriage in accordance with this Chapter—

    (a) attend in person before the authorised person;

    (b) provide evidence of the formation of their civil partnership with each other; and

    (c) provide such evidence as may be required by the authorised person to satisfy the authorised person of the details provided in the declaration.

    (2) Once the parties to the civil partnership have signed the declaration referred to in article 26 (armed forces declaration) , the authorised person must, in the presence of the parties, also sign the declaration.

    Duty to register civil partnerships changed into marriages

  28.   (1)  The authorised person must maintain a register and therein register every declaration signed by the authorised person in accordance with article 27(2) (armed forces change procedure).

    (2) The authorised person must send to the Registrar General for England and Wales a copy of the declaration signed in accordance with article 27(2).

    (3) On receipt of the declarations in accordance with paragraph (2) , the Registrar General for England and Wales must send them to the Registrar General of Births, Deaths and Marriages for Scotland.

    PART 6

    Consequential modifications

  29.   Schedules 5 and 6 to this Order (which make consequential modifications to primary and secondary legislation respectively) have effect.

    David Mundell

    Parliamentary Under Secretary of State

    Scotland Office

    Dover House,

    London

    4 th December 2014

    Article 4

    SCHEDULE 1 MEANING OF MARRIAGE AND RELATED EXPRESSIONS: SCOTLAND

    PART 1

    Meaning of marriage and related expressions: Scotland

  30.   (1)  In the reserved law of Scotland, marriage has the same effect in relation to same sex couples as it has in relation to opposite sex couples.

    (2) The reserved law of Scotland (including all Scottish legislation whenever passed or made) has effect in accordance with paragraph (1).

    (3) For provision about limitations on the effect of paragraph 1(1) and (2) and paragraphs 2 to 4 of this Schedule, see paragraphs 1 to 3 of Schedule 2.

    (4) In this Schedule, the “reserved law of Scotland” means the law of Scotland but not law that would, if contained in an Act of the Scottish Parliament, be within the legislative competence of that Parliament.

    (5) In this Schedule, an expression set out in an entry in the first column of this table has the meaning given in the corresponding entry in the second column.

    PART 2 GENERAL INTERPRETATION

    Interpretation: existing Scottish legislation

  31.   (1)  In existing Scottish legislation—

    (a) a reference to marriage is to be read as including a reference to marriage of a same sex couple;

    (b) a reference to a married couple is to be read as including a reference to a married same sex couple;

    (c) a reference to a person who is married is to be read as including a reference to a person who is married to a person of the same sex.

    (2) In existing Scottish legislation—

    (a) a reference to persons who are not married but are living together as a married couple is to be read as including a reference to a same sex couple who are not married but are living together as a married couple;

    (b) a reference to a person who is living with another person as if they were married is to be read as including a reference to a person who is living with another person of the same sex as if they were married.

    (3) Where sub-paragraph (1) or (2) requires a reference to be read in a particular way, any related reference (such as a reference to a marriage that has ended, or a reference to a person whose marriage has ended) is to be read accordingly.

    (4) For the purposes of sub-paragraphs (1) to (3) it does not matter how the reference is expressed.

    (5) Sub-paragraph (6) applies to existing Scottish legislation which deals differently with—

    (a) a man and a woman living together as if married; and

    (b) two men, or two women, living together as if civil partners.

    (6) If two men, or two women, are living together as if married, that legislation applies to them in the way that it would apply to them if they were living together as civil partners.

    (7) This paragraph does not limit paragraph 1(1) or 1(2).

    Interpretation: new Scottish legislation

  32.   (1)  This paragraph applies to provision made by—

    (a) this order; or

    (b) new Scottish legislation.

    (2) The following expressions have the meanings given—

    (a)“husband” includes a man who is married to another man;

    (b)“wife” includes a woman who is married to another woman;

    (c)“widower” includes a man whose marriage to another man ended with the other man’s death;

    (d)“widow” includes a woman whose marriage to another woman ended with the other woman’s death,

    and related expressions are to be construed accordingly.

    (3) A reference to marriage of same sex couples is a reference to—

    (a) marriage between two men; or

    (b) marriage between two women.

    (4) A reference to a marriage of a same sex couple is a reference to—

    (a) a marriage between two men; or

    (b) a marriage between two women.

    (5) A reference to a same sex couple who are not married but are living together as a married couple is a reference to—

    (a) two men who are not married but are living together as a married couple; or

    (b) two women who are not married but are living together as a married couple.

    (6) This paragraph does not limit paragraph 1(1) or (2).

    Definitions

  33.   In this Schedule—

    “existing Scottish legislation” means—

    in the case of Scottish legislation that is primary legislation, legislation passed on or before the day on which section 4 of the 2014 Act comes into force;

    in the case of Scottish legislation that is subordinate legislation, legislation that is made on or before that day;

    “new Scottish legislation” means—

    in the case of Scottish legislation that is primary legislation, legislation passed after the day on which section 4 of the Marriage and Civil Partnership (Scotland) Act 2014 comes into force;

    in the case of Scottish legislation that is subordinate legislation, legislation that is made after that day.

    Article 5(1)

    SCHEDULE 2 CONTRARY PROVISION

    PART 1 CONTRARY PROVISION (GENERAL)

    Contrary provision: general

  34.   Paragraph 1(1) and (2) and paragraphs 2 to 4 of Schedule 1 are subject to any contrary provision made by—

    (a) the following provisions of this Schedule;

    (b) any new Scottish legislation,

    including any such contrary provision contained in amendments of existing Scottish legislation.

    Contrary provision: EU instruments

  35.   Paragraph 1(1) and (2) and paragraphs 2 to 4 of Schedule 1 do not apply to EU instruments.

    Contrary provision: private Acts

  36.   Paragraph 1(1) and (2) and paragraphs 2 to 4 of Schedule 1 do not apply to a private Act made before the day on which section 4 of the 2014 Act comes into force which—

    (a) vests property;

    (b) provides for the use, disposal or devolution of property; or

    (c) establishes a body or regulates the purposes and administration of a body (whether the body is incorporated or not and whether it is a charitable body or not).

    PART 2 DISAPPLICATION OF SCHEDULE 1 IN RESPECT OF ROYAL TITLES AND PEERAGES

    Provision disapplying the effect of Schedule 1 etc. in respect of the common law

  37.   (1)  Paragraph 1(1) and (2) of Schedule 1 do not affect any rule of law concerning the right of a person—

    (a) who marries, or who is married to, the King Regnant, to the title of Queen; or

    (b) who marries, or who is married to, the Prince of Wales, to the title of Princess of Wales.

    (2) Paragraph 1(1) and (2) of Schedule 1 does not affect any rule of law concerning the acquisition of a right to, or interest in, a peerage, and all titles, rights, offices, privileges and precedence attaching to it, by a person who marries or who is married to a peer holding that peerage.

    PART 3 ENACTMENTS ETC. (GENERAL)

    Provision to which Schedule 1 is subject

  38.   (1)  Paragraph 1(1) and (2) of Schedule 1 have effect subject to sub-paragraph (2) of this article.

    (2) In applying rules E.3(6)(a) , E.4(3)(a) and E.5(3)(a) in Part E of Schedule 1 to the Armed Forces Pension Scheme Order 2005(18) for the purposes of calculating death benefits payable under rules E1 and E2 , a surviving spouse who was married to someone of the same sex is to be treated in the same way as the surviving civil partner of a civil partnership.

    Provision disapplying the effect of Schedule 1 in respect of enactments

  39.   Paragraph 1(1) and (2) and paragraphs 2 to 4 of Schedule 1 do not apply to—

    (a) the Treason Act 1351(19);

    (b) the Crown Private Estate Act 1800(20);

    (c) section 60 of the Government Annuities Act 1929(21);

    (d) the War Pensions (Coastguards) Scheme 1944(22);

    (e) the Civil Aviation (Births, Deaths and Missing Persons) Regulations 1948(23);

    (f) the Airways Corporations (General Staff Pensions) Regulations 1948(24);

    (g) the Airways Corporations (Pilots Pensions) Regulations 1951(25);

    (h) the Airways Corporations (Radio, Navigating and Engineer Officers Pensions) Regulations 1953(26);

    (i) the Airways Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1957(27);

    (j) the British Transport Reorganisation (Pensions of Employees) (No. 2) Order 1962(28);

    (k) the Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) (No. 2) Regulations 1963(29);

    (l) the Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1967(30);

    (m) the Harbour Reorganisation (Compensation to Employees) Regulations 1967(31);

    (n) the British Transport (Compensation to Employees) Regulations 1970(32);

    (o) sections 1 , 3(7)(a) and 6 and the definition of widow’s pension in section 17(1) of the Pensions (Increase) Act 1971(33);

    (p) the Transport Holding Company (Compensation to Employees) Regulations 1972(34);

    (q) section 59(5 ZB)(a) and (b) and (5 ZC)(a) of the Social Security Pensions Act 1975(35);

    (r) the Vehicle and Driving Licences (Compensation to Officers) Regulations 1977(36);

    (s) articles 2 and 3 of the Pensions Increase (Review) Order 1979(37);

    (t) the National Freight Corporation (Central Trust) (Amendment) Order 1980(38);

    (u) articles 2 and 3 of the Pensions Increase (Review) Order 1980(39);

    (v) articles 2 and 3 of the Pensions Increase (Review) Order 1981(40);

    (w) articles 2 and 3 of the Pensions Increase (Review) Order 1982(41);

    (x) articles 2 and 3 of the Pensions Increase (Review) Order 1983(42);

    (y) articles 2 and 3 of the Pensions Increase (Review) Order 1984(43);

    (z) articles 2 and 3 of the Pensions Increase (Review) Order 1985(44);

    (aa) articles 2 and 3 of the Pensions Increase (Review) Order 1986(45);

    (bb) articles 2 and 3 of the Pensions Increase (Review) Order 1987(46);

    (cc) the Judicial Pensions (Widows’ and Children’s Benefits) Regulations 1987(47);

    (dd) articles 2 and 3 of the Pensions Increase (Review) Order 1988(48);

    (ee) articles 2 and 3 of the Pensions Increase (Review) Order 1989(49);

    (ff) articles 2 and 3 of the Pensions Increase (Review) Order 1990(50);

    (gg) the Judicial Pensions (Widowers’ and Children’s Benefits) Regulations 1991(51);

    (hh) paragraphs 5(2)(52) , 5 A(53) and 6(54) of Schedule 5 to the 1992 Act(55);

    (ii) the Railways Pension Scheme Order 1994(56);

    (jj) the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994(57);

    (kk) the British Coal Staff Superannuation Scheme (Modification) Regulations 1994(58);

    (ll) the Mineworkers’ Pension Scheme (Modification) Regulations 1994(59);

    (mm) the Industry-Wide Coal Staff Superannuation Scheme Regulations 1994(60);

    (nn) the Industry-Wide Mineworkers’ Pension Scheme Regulations 1994(61);

    (oo) regulations 55(1) and 69 B(3)(c) and (d) of the Occupational Pension Schemes (Contracting-out) Regulations 1996(62);

    (pp) the Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001(63);

    (qq) section 299 of the Pensions Act 2004(64) and the relevant provisions of the reciprocal agreement with Australia (within the meaning of that section) as continued in force by that section;

    (rr) regulations 3(i) and 7(1) of the Occupational Pension Schemes (Modification of Schemes) Regulations 2006(65);

    (ss) Schedule 1 , Part E, rule E.1 , paragraphs (3)(c) and (5)(c) and rule E.6 , paragraph (1)(d) and Schedule 2 , Part C, rule C.2 , paragraphs (a) and (b) and Part D, rule D.1(3) to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(66);

    (tt) Schedule 1 , Part E, rule E.1 , paragraphs (3)(c) and (5)(c) and rule E.6 , paragraph (1)(d) and Schedule 2 , Part C, rule C.2 , paragraphs (a) and (b) and Part D, rule D.1(3) to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010(67);

    (uu) Schedule 1 , Part E, rule E.1 , paragraphs (3)(c) and (5)(c) and rule E.6 , paragraph (1)(d) and Schedule 2 , Part C, rule C.2 , paragraphs (a) and (b) and Part D, rule D.1(3) to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(68);

    (vv) Schedule 1 , Part D, rule D.3 , paragraph (4) and Schedule 2 , Part C, rule C.2 , paragraphs (4)(d) and (5)(d) to the Reserve Forces Non Regular Payment Permanent Staff (Pensions and Attributable Benefits Schemes) Regulations 2011(69);

    (ww) the Royal Mail Statutory Pension Scheme(70).

    Article 5(2)

    SCHEDULE 3 CONSEQUENTIAL MODIFICATIONS TO ENACTMENTS ETC. AS A RESULT OF CONTRARY PROVISION MADE BY SCHEDULE 2

    ENACTMENTS ETC. (GENERAL)

    Pensions (Increase) Act 1971

  40.   (1)  The Pensions (Increase) Act 1971(71) is amended as follows.

    (2) In section 3(7) (qualifying conditions) , in paragraph (a) , for “husband’s” substitute “male spouse’s”.

    (3) In section 17(1) (interpretation) , in the definition of “widow’s pension”—

    (a) in the opening words after “payable” insert “to a woman”; and

    (b) for “husband” in both places it occurs, substitute “male spouse”.

    Pensions Increase (Review) Orders 1979 to 1990

  41.   In article 2 (interpretation) of each of—

    (a) the Pensions Increase (Review) Order 1979;

    (b) the Pensions Increase (Review) Order 1980;

    (c) the Pensions Increase (Review) Order 1981;

    (d) the Pensions Increase (Review) Order 1982;

    (e) the Pensions Increase (Review) Order 1983;

    (f) the Pensions Increase (Review) Order 1984;

    (g) the Pensions Increase (Review) Order 1985;

    (h) the Pensions Increase (Review) Order 1986;

    (i) the Pensions Increase (Review) Order 1987;

    (j) the Pensions Increase (Review) Order 1988;

    (k) the Pensions Increase (Review) Order 1989; and

    (l) the Pensions Increase (Review) Order 1990 ,

    in the definition of “widow’s pension”, for “in respect” to the end substitute “to a woman in respect of the services of her deceased male spouse.”(72).

    Occupational Pension Schemes (Contracting-out) Regulations 1996

  42.   (1)  The Occupational Pension Schemes (Contracting-out) Regulations 1996(73) are amended as follows.

    (2) In regulation 55(1) (scheme rules about guaranteed minimum pensions)—

    (a) in sub-paragraph (b) , for the words from “widow” to “appointed day” substitute “widow of the earner under the scheme in respect of the earner’s service before the principal appointed day, in a case where the earner is a man,”; and

    (b) in sub-paragraph (c) , for the words from “widower” to “appointed day” substitute “widower or surviving civil partner of the earner under the scheme in respect of the earner’s service before the principal appointed day, or to any widow of the earner under the scheme in respect of that service in a case where the earner is a woman,”.

    (3) In regulation 69 B(3) (conversion of guaranteed minimum pensions into other benefits: survivors’ benefits)—

    (a) in sub-paragraph (c) , for “widows” substitute “widows whose spouse was a man”; and

    (b) in sub-paragraph (d) , for “widowers” substitute “widowers, widows whose spouse was a woman”.

    Occupational Pension Schemes (Modification of Schemes) Regulations 2006

  43.   (1)  The Occupational Pension Schemes (Modification of Schemes) Regulations 2006(74) are amended as follows.

    (2) In regulation 3(i) (non-application of the subsisting rights provisions) , for “widow or widower”, in both places it occurs, substitute “woman whose deceased spouse was a man, or a man whose deceased spouse was a woman”.

    (3) In regulation 7(1) (modification of schemes: surviving civil partners) , for “widow or widower”, in both places it occurs, substitute “woman whose deceased spouse was a man, or a man whose deceased spouse was a woman”.

    Article 5(3)

    SCHEDULE 4 CONSEQUENTIAL MODIFICATION OF THE SOCIAL SECURITY PENSIONS ACT 1975 AND THE SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992

    Social Security Pensions Act 1975

  44.   (1)  Section 59 of the Social Security Pensions Act 1975(75) (increase of official pensions) is amended as follows.

    (2) In subsection (5 ZA)(76)—

    (a) in the opening words, for the words “widow’s, widower’s” substitute “surviving spouse’s”; and

    (b) in paragraph (c) , for the words “widow’s, widower’s” substitute “surviving spouse’s”.

    (3) In subsection (5 ZB)(77)—

    (a) for paragraph (a) substitute—

    “(a) in the case of a pension payable to a woman in respect of the services—

    (i) of her deceased male spouse; or

    (ii) of her deceased female spouse in a relevant gender change case;

    one half of the rate of the deceased spouse’s guaranteed minimum pension at the relevant time;”,

    (b) in paragraph (b)—

    (i) for “a widower’s” substitute “any other surviving spouse’s”; and

    (ii) for “wife’s” substitute “spouse’s”.

    (4) In subsection (5 ZC)(78)—

    (a) for paragraph (a) substitute—

    “(a) does not apply to—

    (i) a pension payable to a woman in respect of the services of her deceased male spouse;

    (ii) a pension payable to a man in respect of the services of his deceased female spouse;

    (iii) a pension payable to a woman in respect of the services of her deceased female spouse in a relevant gender change case; or

    (iv) a pension payable to a man in respect of the services of his deceased male spouse in a relevant gender change case,

    in respect of any service of the deceased spouse if that deceased spouse’s pension in respect of that service became payable before 24 th July 1990;”, and

    (b) in paragraph (b) , before “surviving civil partner’s” insert “pension due to a surviving spouse who was married to someone of the same sex (other than a pension within paragraph (a)(iii) or (iv)) and a”.

    (5) In subsection (7)(79)—

    (a) after the definition of “lump sum” insert—

    ““relevant gender change case” means a case where—

    the deceased spouse was a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

    the marriage of the deceased spouse and the surviving spouse (that ends with the deceased spouse’s death) subsisted before the time when the certificate was  issued,”; and

    (b) omit the definition of “widower’s pension”.

    Social Security Contributions and Benefits Act 1992

  45.   (1)  The 1992 Act(80) is amended as follows.

    (2) For section 36(2)(81) (bereavement payment) substitute—

    “(2) A bereavement payment shall not be payable to a person if that person and a person whom that person was not married to, or in a civil partnership with, were living together as a married couple at the time of the spouse’s or civil partner’s death.”.

    (3) In section 37(4)(82) (widowed mother’s allowance)—

    (a) after paragraph (a) insert “or”; and

    (b) for paragraphs (b) and (c) substitute—

    “(b) for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.”.

    (4) In section 38(3)(83) (widow’s pension)—

    (a) after paragraph (b) insert “or”; and

    (b) for paragraphs (c) and (d) substitute—

    “(c) for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.”.

    (5) In section 39 A(5)(84) (widowed parent’s allowance)—

    (a) after paragraph (a) insert “or”; and

    (b) for paragraphs (b) and (c) substitute—

    “(b) for any period during which the surviving spouse or civil partner and a person whom she or he is not married to, or in a civil partnership with, are living together as a married couple.”.

    (6) In section 39 B(5)(85) (bereavement allowance where no dependent children)—

    (a) after paragraph (a) insert “or”; and

    (b) for paragraphs (b) and (c) substitute—

    “(b) for any period during which the surviving spouse or civil partner and a person whom she or he is not married to, or in a civil partnership with, are living together as a married couple.”.

    (7) In section 48 (Use of former spouse’s contributions) , after subsection (4) insert—

    “(5) For the purposes of this section, a civil partnership is not to be treated as having terminated by reason of its having been—

    (a) converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013;

    (b) changed into a marriage under the Marriage (Scotland) Act 1977;

    (c) changed into a marriage in accordance with provision made under section 10 of the Marriage and Civil Partnership (Scotland) Act 2014; or

    (d) changed into a marriage under Part 5 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014.”.

    (8) In section 48 A (Category B retirement pension for married person)(86)—

    (a) in subsection (2 ZA)—

    (i) in paragraph (a) , for “married man who” substitute “man married to a woman and the spouse”;

    (ii) after paragraph (b) insert—

    “(c) in a case where the spouse is a woman born before 6 th April 1945 who is married to a woman and subsection (2 ZB) applies, the conditions specified in Schedule 3 , Part 1 , paragraph 5;

    (d) in a case where the spouse is a woman born on or after 6 th April 1945 but before 6 th April 1950 who is married to a woman and subsection (2 ZB) applies, the condition specified in Schedule 3 , Part 1 , paragraph 5 A.”; and

    (b) after subsection (2 ZA) insert—

    “(2 ZB) This subsection applies where—

    (a) the spouse is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

    (b) the marriage subsisted before the time when that certificate was issued.”.

    (9) In section 48 B(1 ZA) (category B retirement pension for widows and widowers)(87)—

    (a) in paragraph (a)(ii) , after “date” in the second place where it occurs insert “and the case does not fall within paragraph (c)”;

    (b) after paragraph (b) insert—

    “(c) in a case where—

    (i) the spouse died on or after 6 th April 2010;

    (ii) the spouse was born on or after 6 th April 1945 but before 6 th April 1950;

    (iii) the spouse was, at the time of her death, a woman and the pensioner in question is a woman; and

    (iv) subsection (1 ZB) applies,

    the condition specified in Schedule 3 , Part 1 , paragraph 5 A.”; and

    (c) after subsection (1 ZA) insert—

    “(1 ZB) This subsection applies where—

    (a) the spouse was, at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

    (b) the marriage subsisted before the time when that certificate was issued.”.

    (10) In section 51(88) (category B retirement pension for widowers)—

    (a) after subsection (1) insert—

    “(1 ZA) A party to a marriage of a same sex couple shall be entitled to a Category B retirement pension if—

    (a) the other party has died and they were married to each other at the time of that death;

    (b) they were both over pensionable age at the time of that death; and

    (c) before that death the deceased party satisfied the contribution conditions for a Category A retirement pension in Schedule 3 , Part 1 , paragraph 5.”; and

    (b) in subsection (2) , after “wife” insert “, husband”; and

    (c) in subsection (3) , after “2002” insert “, surviving party to a same sex marriage.”.

    (11) In section 62(89)(graduated retirement benefit)—

    (a) in subsection (1) , after paragraph (ac) insert—

    “(ad) for extending section 37 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to—

    (i) men and their late husbands; and

    (ii) women and their late wives,

    and for that section (except subsection (5)) so to apply as it applies to women and their late husbands;

    (ae) for extending section 37 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to—

    (i) men and their late husbands; and

    (ii) women and their late wives,

    who attained pensionable age before 6 th April 2010 and for that section (except subsection (5)) so to apply as it applies to men and their late wives;”;

    (b) after subsection (2) insert—

    “(3) In relevant gender change cases, women and their late wives are to be treated for the purposes of sections 36 and 37 of the National Insurance Act 1965 in the same way as women and their late husbands.

    (4) For that purpose “relevant gender change case”, in relation to a woman (“the pensioner”) and her late wife, means a case where—

    (a) the late wife was, at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

    (b) the marriage of the pensioner and her late wife subsisted before the time when the certificate was issued.”.

    (12) In section 122(90) (interpretation of Parts 1 to 6 and supplementary provisions) , omit subsection (1 A).

    (13) In section 137(91) (interpretation of Part 7 and supplementary provisions)—

    (a) in subsection (1) , for the definition of “couple” substitute—

    ““couple” means—

    two people who are married to, or civil partners of, each other and are members of the same household; or

    two people who are not married to, or civil partners of, each other but are living together as a married couple otherwise than in prescribed circumstances;”; and

    (b) omit subsection (1 A).

    (14) In paragraph 5 A of Schedule 3(92)—

    (a) at the end of sub-paragraph (1)(b) insert “or in a case of the kind mentioned in subsection (2 ZA)(d) of that section”; and

    (b) at the end of sub-paragraph (1)(c) insert “or in a case of the kind mentioned in subsection (1 ZA)(c) of that section”.

    (15) In paragraph 5(2) of Schedule 5 (pension increase or lump sum where entitlement to retirement pension is deferred)(93)—

    (a) for paragraph (a) , substitute—

    “(a) where W is a woman—

    (i) whose deceased spouse was a man; or

    (ii) who falls within paragraph 7(3) below,

    an amount equal to the sum of the amounts set out in paragraph 5 A(2) or (3) below (as the case may be) ,”;

    (b) in paragraph (b) , for “widower” substitute “man whose deceased spouse was a woman”; and

    (c) for paragraph (c) , substitute—

    “(c) where W is—

    (i) a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman;

    (ii) a man whose deceased spouse was a man; or

    (iii) a surviving civil partner,

    an amount equal to the sum of the amounts set out in paragraph (6 A)(2) below.”.

    (16) In paragraph 5 A(94)—

    (a) for sub-paragraph (1) substitute—

    “(1) This paragraph applies where W (referred to in paragraph 5 above) is a woman—

    (a) whose deceased spouse was a man; or

    (b) who falls within paragraph 7(3) below.”, and

    (b) in sub-paragraphs (2) and (3) , for “husband” in each place it appears substitute “spouse”.

    (17) In paragraph 6(1)(95) , for “widower” substitute “man whose deceased spouse was a woman”.

    (18) In paragraph 6 A(96)—

    (a) For sub-paragraph (1) substitute—

    “(1) This paragraph applies where W (referred to in paragraph 5 above) is—

    (a) a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman;

    (b) a man whose deceased spouse was a man; or

    (c) a surviving civil partner.”, and

    (b) in sub-paragraph (2)(c) , before “civil partner” insert “spouse or”.

    (19) In paragraph 7(97) , after sub-paragraph (2) insert—

    “(3) For the purposes of paragraphs 5 , 5 A and 6 A above, a woman falls within this sub-paragraph if—

    (a) she was married to another woman who, at the time of her death, was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

    (b) that marriage subsisted before the time when that certificate was issued.”.

    (20) In Schedule 7(98) (industrial injuries benefits)—

    (a) in paragraph 4(3)(a) (increase for beneficiary’s dependent children and qualifying young persons)—

    (i) after sub-paragraph (i) insert “or”; and

    (ii) for sub-paragraphs (ii) and (iii) substitute—

    “(ii) two people who are not married to, or civil partners of, each other but are living together as a married couple, and”, and;

    (b) in paragraph 15(3) (widow’s benefit (entitlement)) , for the words from “husband and wife” to the end substitute “a married couple with a person whom she is not married to or in a civil partnership with.”.

    Article 29

    SCHEDULE 5 CONSEQUENTIAL MODIFICATIONS TO PRIMARY LEGISLATION

    Pensions Commutation Act 1871

  46.   In section 4 of the Pensions Commutation Act 1871(99) (power to Treasury to commute pensions) , for subsection (2) substitute—

    “(2) Where any officer in the naval or land forces of Her Majesty whose pension has been commuted under this Act subsequently marries or forms a civil partnership, the officer’s surviving spouse or surviving civil partner shall not be entitled to any pension, and a child of any such officer born after the date of the commutation of the pension shall not be entitled to compassionate allowance:”.

    Local Government (Emergency Provisions) Act 1916

  47.   For section 2 of the Local Government (Emergency Provisions) Act 1916(100) (payments under superannuation schemes) substitute—

    “If an officer or servant of a local authority dies whilst serving in or with His Majesty’s forces, or in consequence of wounds or disease received or contracted during such service which prevented that person from returning to the service of the local authority, the local authority shall have, and shall be deemed always to have had, power to make to that person’s surviving spouse, surviving civil partner or other dependants, such payments as could have been made to them under any superannuation scheme (whether established by statute or otherwise) in force in the district had that person been actually serving the local authority at the time of death.”.

    Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

  48.   In the closing words of section 46(3) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(101) (payments to make up civil remuneration) , for “his widow” substitute “that person’s surviving spouse, surviving civil partner”.

    Transport Act 1962

  49.   In section 65(5) of the Transport Act 1962(102) (railway savings banks) , for the words “is a man” to the end substitute “is a person who dies leaving a surviving spouse or surviving civil partner, that survivor for so long as that survivor does not subsequently marry, enter into a civil partnership or die.”.

    National Insurance Act 1965

  50.   (1)  In section 37(1) of the National Insurance Act 1965(103) (special provisions as to graduated retirement benefit for widows, widowers and surviving civil partners) , as that section has effect in relation to a survivor who attained pensionable age on or after 6 th April 2010(104) , after “widower”, in each place it occurs, insert “, surviving same sex spouse”.

    (2) In section 37(1) of that Act, as that section has effect in relation to a survivor who attained pensionable age before 6 th April 2010 , after paragraph (c) insert—

    “or

    (d) where a man, having paid graduated contributions as an insured person, dies leaving a widower, and they have both attained pensionable age at the time of his death; or

    (e) where a woman, having paid graduated contributions as an insured person, dies leaving a widow, and they both attained pensionable age at the time of her death,”.

    Transport Act 1978

  51.   In section 21 of the Transport Act 1978(105) (travel concessions for transferred employees) , for “widows” substitute “surviving spouses, surviving civil partners”.

    Pneumoconiosis etc. (Workers’ Compensation) Act 1979

  52.   In section 3 of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979(106) (dependants)—

    (a) for subsection (2 A) substitute—

    “(2 A) For the purposes of subsection (1)(c) two persons are in a qualifying relationship if they are living together as a married couple.”; and

    (b) omit subsection (2 B).

    Child Support Act 1991

  53.   (1)  The Child Support Act 1991(107) is amended as follows.

    (2) In Schedule 1(108) (maintenance assessments) , as that Schedule has effect otherwise than by virtue of section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000(109) , in Part 1 (calculation of child support maintenance) , in paragraph 6 (protected income)—

    (a) in sub-paragraph (5)(b)(110) , for sub-paragraphs (i) to (iii) substitute—

    “(i) is living together in the same household with another adult who is his or her spouse or civil partner; or

    (ii) is living together in the same household with another adult as if they were a married couple,”, and

    (b) omit sub-paragraph (5 A)(111).

    (3) In Schedule 1 (maintenance calculations) , as that Schedule has effect by virtue of section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 , in Part 1 (calculation of weekly amount of child support maintenance) , in paragraph 10 C (references to various terms)—

    (a) for sub-paragraph (5)(112) substitute—

    “(5) In sub-paragraph (4)(a) , “couple” means—

    (a) two people who are married to, or civil partners of, each other and are members of the same household; or

    (b) two people who are not married to, or civil partners of, each other but are living together as a married couple.”, and

    (b) omit sub-paragraph (6).

    Social Security Administration Act 1992

  54.   In section 15 A of the Social Security Administration Act 1992(113) (payment out of benefit of sums in respect of mortgage interest etc.)—

    (a) in subsection (4) , in paragraph (b) of the definition of “partner”, for “husband and wife or as if they were civil partners” substitute “if they were a married couple”; and

    (b) omit subsection (4 B).

    Trade Union and Labour Relations (Consolidation) Act 1992

  55.   In section 38(1) of the Trade Union and Labour Relations (Consolidation) Act 1992(114) (members’ superannuation schemes: separate fund to be maintained) , in paragraph (a) , after “widows’ ” insert “, widowers’, surviving civil partners’ ”.

    Pension Schemes Act 1993

  56.   (1)  The Pension Schemes Act 1993(115) is amended as follows.

    (2) In section 8(2) (meaning of certain terms) , in the definition of “guaranteed minimum pension”, after “widower’s” insert “, surviving same sex spouse’s”.

    (3) In section 17 (minimum pensions for widows and widowers)(116)—

    (a) in subsection (2)—

    (i) in paragraph (a) , after “man” insert “, or a woman in a relevant gender change case,”; and

    (ii) after paragraph (c) insert—

    “(d) if the earner is a man who has a guaranteed minimum under that section, the weekly rate of the widower’s pension will not be less than the surviving same sex spouse’s guaranteed minimum;

    (e) if the earner is a woman (other than in a relevant gender change case) who has a guaranteed minimum under that section, the weekly rate of the widow’s pension will not be less than the surviving same sex spouse’s guaranteed minimum.”;

    (b) in subsection (4) , after “partner’s” insert “or surviving same sex spouse’s;

    (c) in subsection (4 A)(c)(i)(117) , for paragraphs (a) and (b) (but not the “nor” following paragraph (b)) substitute “another person are living together as a married couple;”;

    (d) in subsection (5) , at the beginning insert “In the case of a woman who is the widow of a man,”;

    (e) in subsection (6)—

    (i) at the beginning insert “In any other case,”; and

    (ii) after “widower’s” insert “, widow’s”;

    (f) for subsection (9) substitute—

    “(9) In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—

    (a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

    (b) the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued.”.

    (4) In section 24 D (survivors’ benefits)(118)—

    (a) in subsection (2) , after “earner” insert “is a man married to a woman or a woman married to a woman in a relevant gender change case, and the earner”;

    (b) in subsection (3)—

    (i) after “earner” insert “is a married woman (other than in a relevant gender change case) , a man married to a man, or a civil partner, and the earner”; and

    (ii) after “widower” insert “, widow”; and

    (c) after subsection (3) insert—

    “(4) In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—

    (a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

    (b) the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued.”.

    (5) In section 37 (alteration of rules of contracted-out schemes)(119) for subsection (4) substitute—

    “(4) The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person who is so entitled by virtue of a qualifying relationship only in such cases as may be prescribed.

    (5) For that purpose a person is entitled to receive benefits by virtue of a qualifying relationship if the person is so entitled by virtue of being—

    (a) the widower of a female earner;

    (b) the widower of a male earner;

    (c) the widow of a female earner, except where it is a relevant gender change case; or

    (d) the survivor of a civil partnership with an earner.

    (6) In relation to a widow of a female earner, the reference in subsection (5)(c) to a relevant gender change case is a reference to a case where—

    (a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

    (b) the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time...

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