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

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54.  (1)  Section 18 (conditions of grant) is amended as follows.

(2) In subsection (1)—

(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 (hereafter in this Part of 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 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 (hereafter in this Part of this Act referred to as a “children’s pension”) for the benefit of any relevant children..

(3) After that subsection insert—

(1A) In subsection (1)(ii) above, “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) of this subsection “children of the family” is to be construed in accordance with section 105(1) of the Children Act 1989(1) or (in relation to Scotland) section 101(7) of the Civil Partnership Act 2004(2)..

(4) In subsection (2), after “marriage”, in each place, insert “or civil partnership”.

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