The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005

35.—(1) Section 4 (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 4.

(4) In that subsection—

(a) for “and” at the end of paragraph (i) substitute—

“(ia) where he leaves a surviving civil partner, a pension to that surviving civil partner (in this Act referred to as a “surviving civil partner’s pension”); and”, and

(b) for paragraph (ii) substitute—

“(ii) where he had a wife or a civil partner at any time during his service as a resident magistrate, or, where he was a person to whom paragraph (b) of subsection (2) of section two applied, during his service as a resident magistrate or his service in whole-time employment to which the Superannuation Acts apply (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 Act 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 1995(1).”.

(1)

S.I. 1995/755 (N.I. 2)