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

Courts (Compensation to Officers) Regulations 1971

4.—(1) The Courts (Compensation to Officers) Regulations 1971(1) 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”.

(1)

S.I. 1971/2008, to which there are amendments not relevant to this Order.