The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014

Publication Date:January 01, 2014
 
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2014No. 107

MARRIAGE

CIVIL PARTNERSHIP

The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014

20thJanuary2014

23rdJanuary2014

13thMarch2014

This Order is made in exercise of the powers conferred by sections 17(2) and (3) and 18(10) of the Marriage (Same Sex Couples) Act 2013( 1) and by section 259(1) and (4) of the Civil Partnership Act 2004( 2).

The Secretary of State, in exercise of those powers, makes the following Order:

Citation, commencement, interpretation and extent

1. (1) This Order may be cited as the Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014.

(2) This Order comes into force on 13th March 2014.

(3) In this Order "the Act" means the Marriage (Same Sex Couples) Act 2013.

(4) Subject to paragraph (5), this Order extends to England and Wales only.

(5) Paragraphs 18(2)(b) and (3)(b) and 19 of Schedule 1 extend also to Scotland.

Amendments to subordinate legislation

2. Schedule 1 (which amends subordinate legislation in consequence of the Act and the Civil Partnership Act 2004) has effect.

Amendments to Welsh subordinate legislation

3. Schedule 2 (which amends Welsh subordinate legislation in consequence of the Act and the Civil Partnership Act 2004) has effect.

Maria Miller

Secretary of State for Culture, Media and Sport and

Minister for Women and Equalities

20th January 2014

SCHEDULE 1

Article 2

Consequential Amendments to Subordinate Legislation

London Cab Order 1934

1. In article 20 of the London Cab Order 1934( 3) (transfer of cab licences on death, etc.)-

(a) for "his" in the second place it occurs, substitute "the licensee's",(b) for "widow" in both places it occurs, substitute "surviving spouse, surviving civil partner", and(c) omit from "In like manner", in the first place it occurs, to "husband.".

Marriage (Authorised Persons) Regulations 1952

2. (1) The Marriage (Authorised Persons) Regulations 1952( 4) are amended as follows.

(2) In regulation 2 (interpretation), in the definition of "authorised person" for "43" substitute "43 or 43B".

(3) In the heading to regulation 4 (time and manner of certification of authorised person), for the words "authorised person" substitute "person authorised under section 43(1) of the Act".

(4) In regulation 15 (details of name and surname), for "the man" to the end substitute "each of the parties to the marriage.".

(5) In regulation 16( 5) (details of age), for "of the man in completed years followed by the age of the woman in completed years" substitute "in completed years of each of the parties to the marriage".

(6) In regulation 17( 6) (details of condition), in the opening words, for "the man followed by the marital condition of the woman" substitute "each of the parties to the marriage".

(7) In regulation 18 (details of rank or profession), for "the man" to the end substitute "each of the parties to the marriage.".

(8) In regulation 19( 7) (details of residence), for "the man" to the end substitute "each of the parties to the marriage at the time of the marriage.".

(9) In regulation 20 (details of father's name and surname), for "the man, followed by the like particulars of the father of the woman" substitute "each of the parties to the marriage".

(10) In regulation 21 (details of rank or profession of father), for "the man" to the end substitute "each of the parties to the marriage.".

Probation (Compensation) Regulations 1965

3. (1) The Probation (Compensation) Regulations 1965( 8) are amended as follows.

(2) In regulation 24 (compensation payable to dependants etc. on the death of a claimant), for "widow" in each place it occurs, substitute "surviving spouse, surviving civil partner".

(3) In regulation 25 (compensation payable to personal representative on the death of a claimant), in paragraph (3), for "widow" substitute "surviving spouse, surviving civil partner".

(4) In the heading to regulation 26 (balances payable to deceased claimant's widow and personal representative), for "widow" substitute "surviving spouse or surviving civil partner".

Courts (Compensation to Officers) Regulations 1971

4. (1) The Courts (Compensation to Officers) Regulations 1971( 9) are amended as follows.

(2) In regulation 26 (compensation payable to family of claimant), in the heading and in each place it occurs, for "widow" substitute "surviving spouse, surviving civil partner".

(3) In regulation 27 (compensation where death grant would have been payable)-

(a) in paragraph (1)-(i) for "widow" substitute "surviving spouse, surviving civil partner", and(ii) for "she or they" substitute "the surviving spouse or surviving civil partner or the personal representatives or trustees", and(b) in paragraphs (3) and (4), for "widow" in each place it occurs, substitute "surviving spouse, surviving civil partner".

(4) In regulation 28 (balance due to claimant's widow or personal representatives)-

(a) in the heading, for "widow" substitute "surviving spouse, surviving civil partner",(b) in paragraph (1), for "the widow" substitute "a surviving spouse, surviving civil partner", and(c) for paragraph (2) substitute-"(2) If an annual sum becomes payable to a surviving spouse or a surviving civil partner under either paragraph (2)(a) or paragraph (7)(a) of regulation 26 and on that person's re-marriage, subsequent entry into a civil partnership or death, the sum ceases to be payable, and any sum payable to a child or other dependant under either of those paragraphs has ceased to be payable, and if the aggregate amount of the payments which were made as aforesaid to the deceased person by way of retirement compensation and to the surviving spouse or surviving civil partner, personal representatives or trustees under regulation 27 is less than a sum equivalent to the amount which would have been payable to the personal representatives under that regulation if no annual sum had been payable under either of the said paragraph 2(a) or paragraph (7)(a), there shall be paid to the surviving spouse or surviving civil partner or that person's personal representatives, the difference between such aggregate amount and the said equivalent sum.".

(5) In regulation 33 (reduction of compensation in certain cases), in paragraphs (4) and (5), for "his widow" in both places it occurs, substitute "that person's surviving spouse, surviving civil partner".

(6) In regulation 36 (compounding of awards), in paragraph (2), for "widow" substitute "surviving spouse, surviving civil partner".

Merchant Shipping (Maintenance of Seamen's Dependants) Regulations 1972

5. In the Merchant Shipping (Maintenance of Seamen's Dependants) Regulations 1972( 10), in regulation 4(a) (expenses in respect of which a retention notice may be served), after "spouse" insert ", civil partner".

Social Security Benefit (Dependency) Regulations 1977

6. In paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977( 11) (interpretation), for the definition of "couple" substitute-

""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;".

Merchant Shipping (Returns of Births and Deaths) Regulations 1979

7. In regulation 11 of the Merchant Shipping (Returns of Births and Deaths) Regulations 1979( 12) (rules for ascertaining appropriate Registrar General)-

(a) in paragraph (2)(a), for the words in brackets substitute "which relates to treatment provided to a woman who at the time of treatment is married to another woman, or in certain circumstances is a party to a void marriage with another woman, or party to a civil partnership or in certain circumstances a void civil partnership", and(b) for paragraph (2)(b) substitute-"(b) section 43 of that Act (which relates to treatment provided to a woman where she agrees a second woman is to be the parent of the child) where the woman-(i) is married to, or the civil partner of, the child's mother at the time of the child's birth, or(ii) was married to, or the civil partner of, the child's mother at any time during the period beginning with the time mentioned in section 43(b) of that Act and ending with the child's birth.".

Registration of Marriages Regulations 1986

8. (1) The Registration of Marriage Regulations 1986( 13) are amended as follows.

(2) In regulation 5 (statements and particulars for intended marriage of house-bound or detained person) after "section 26(1)(dd)" insert "or section 26B(6)".

(3) In regulation 12( 14) (entry of attestation), in paragraph (d), after "section 26(1)(dd)" insert "or section 26B(6)".

(4) In Schedule 1 (prescribed forms)-

(a) in forms 1A( 15), 1C( 16) and 3( 17), after "widower/widow" in both places it occurs, insert "/surviving civil partner",(b) in forms 5 and 6-(i) after "Name and surname" in the first place it occurs, omit "of man", and(ii) after "Name and surname" in the second place it occurs, omit "of woman", and(c) in form 8( 18)- (i) after "Name and surname" in the first place it occurs, omit "of man", and(ii) after "Name and surname" in the second place it occurs, omit "of woman".

Income Support (General) Regulations 1987

9. In regulation 2(1) of the Income Support (General) Regulations 1987( 19) (interpretation), for the definition of "couple" substitute-

""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;".

Social Security (Claims and Payments) Regulations 1987

10. In regulation 2(1) of the Social Security (Claims and Payments) Regulations 1987( 20) (interpretation), for the definition of "couple" substitute-

""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...

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