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Statutory Instruments

2014 No. 3061

Marriage

Civil Partnership

Devolution, Scotland

The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014

Made

17th November 2014

Laid before Parliament

18th November 2014

Coming into force in accordance with article 1(2) and (3)

This Order is made in exercise of the powers conferred by section 17(2) and (3) of the Marriage (Same Sex Couples) Act 2013(1), by section 259(1) and (4) of the Civil Partnership Act 2004(2) and by sections 104, 112(1) and 113(2) to (5) of the Scotland Act 1998(3).

In accordance with section 18(11)(a) of the Marriage (Same Sex Couples) Act 2013, the Secretary of State has obtained the consent of the Scottish Ministers to the making of article 5 and Schedule 4 to this Order.

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 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014.

(2) Subject to paragraph (3), this Order comes into force on 10th December 2014.

(3) The provisions mentioned in paragraphs (6) and (7) so far as they extend to Scotland, come into force on 16th December 2014.

(4) In this Order—

(a)“the 2013 Act” means the Marriage (Same Sex Couples) Act 2013, and

(b)“the 2014 Act” means the Marriage and Civil Partnership (Scotland) Act 2014(4).

(5) Subject to paragraphs (6) and (7), this Order extends to England and Wales only.

(6) The following provisions extend also to Scotland—

(a)paragraphs 2, 4 and 5 of Schedule 1 and article 2 so far as it applies to those paragraphs, and

(b)this article, article 5 and Schedule 4.

(7) Article 3 and Schedule 2 extend to Scotland only.

Amendments to enactments etc.

2. Schedule 1 (which amends enactments etc. in consequence of the 2013 Act, the 2014 Act and the Civil Partnership Act 2004) has effect.

Amendments to enactments etc.: Scotland

3. Schedule 2 (which amends enactments etc. in consequence of the 2014 Act and the Civil Partnership Act 2004) has effect.

Amendments to enactments etc. concerning the Church of England

4. Schedule 3 (which amends enactments etc. concerning the Church of England in consequence of the 2013 Act) has effect.

Consequential provisions relating to certified copies of entries of consular marriages

5. Schedule 4 (which makes consequential provision concerning legislation on consular marriages) has effect.

Nick Boles

Minister of State for Skills and Equalities

Department for Business Innovation & Skills

17th November 2014

Article 2

SCHEDULE 1Consequential amendments to subordinate legislation

PART 1Enactments: general

Marriage (Authorised Persons) Regulations 1952

1. In regulation 2 of the Marriage (Authorised Persons) Regulations 1952(5) (interpretation), in the definition of “trustees or governing body”—

(a)for “70” substitute “70 or 70A”, and

(b)for “that section” substitute “those sections”.

Service Departments Registers Order 1959

2.—(1) The Service Departments Registers Order 1959(6) is amended as follows.

(2) Article 1(7) (application of order) is renumbered as article 1(1).

(3) In article 1(1)(a), for “solemnised” substitute “entered into”.

(4) After article 1(1) insert—

“(2) In this Order, “marriages” includes marriages which result from—

(a)the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section; and

(b)the changing of a civil partnership formed under Part 3 of the Civil Partnership Act 2004 into a marriage under—

(i)the Marriage (Scotland) Act 1977(8);

(ii)the Marriage and Civil Partnership (Scotland) Act 2014; or

(iii)any relevant order.

(3) For the purposes of paragraph (2) “relevant order” means any order made under section 104 of the Scotland Act 1998 in consequence of the Marriage and Civil Partnership (Scotland) Act 2014 which provides for the change of a civil partnership in a country or territory outside the United Kingdom by—

(a)a member of Her Majesty’s forces (within the meaning of the Armed Forces Act 2006(9)) serving in the country or territory in which it is proposed they change their civil partnership;

(b)a civilian subject to service discipline within the meaning of the Armed Forces Act 2006 who is employed in that country or territory;

(c)a child of a person falling within paragraph (a) or (b) and whose home is with that person in that country or territory (including a person who is or has been treated as the child of a person (“P”) in relation to a marriage or civil partnership to which P is or was a party).”.

(5) In article 3(10) (qualified informants)—

(a)in paragraph (2)(b), omit “or”,

(b)after paragraph (2)(c) insert—

“(d)a person who has solemnised a marriage to which this Order applies under the Overseas Marriage (Armed Forces) Order 2014(11),

(e)a person who has carried out a conversion of a civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, or

(f)a person who has carried out a change of a civil partnership into a marriage,”,

(c)in paragraph (4)(c)(i), omit “or”,

(d)for paragraph (4)(c)(ii) substitute—

“(ii)where the marriage is solemnised, the priest or other person conducting the ceremony;”,

(e)after paragraph (4)(c)(ii) insert—

“(iii)the person who has carried out a conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section; or

(iv)the person who has carried out a change of a civil partnership into a marriage;”, and

(f)after paragraph (6) insert—

“(7) For the purposes of this article a reference to a change of a civil partnership into a marriage is to be read in accordance with article 1(2)(b) and (3).”.

Registration of Births, Deaths and Marriages Regulations 1968

3. In regulation 11 of the Registration of Births, Deaths and Marriages Regulations 1968(12) (statistical returns), after “marriages” insert “(including marriages resulting from the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section)”.

Social Security (Credits) Regulations 1975

4.—(1) The Social Security (Credits) Regulations 1975(13) are amended as follows.

(2) In regulation 8C(2)(14) (credits on termination of bereavement benefits) for “a person of the opposite sex as husband and wife” substitute “another person as a married couple”.

(3) In paragraph 3 of the Schedule(15) (persons who may qualify as carers for a child under the age of 12)—

(a)omit sub-paragraphs (a) and (b), and

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

Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979

5. In regulation 7(10) of the Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 1979(16) (modifications for widowed mother’s allowance, widow’s pension and category A and B retirement pensions)—

(a)after “former spouse” in each place it occurs insert “or former civil partner”,

(b)after “said spouse” insert “or civil partner”,

(c)after “former spouse’s” insert “or former civil partner’s”, and

(d)after “whichever is the earlier” insert “(or, in the case of a civil partnership, the year 1975/76)”.

Registration of Marriages Regulations 1986

6. In regulation 11(2) of the Registration of Marriages Regulations 1986(17) (manner of registration)—

(a)in sub-paragraph (ea)—

(i)after “two parties” insert “of the same sex”, and

(ii)omit “, if the parties specifically request and”, and

(b)after sub-paragraph (ea) insert—

“(eb)if the marriage is between a man and a woman who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, then notwithstanding sub-paragraphs (ca) and (da), if the parties specifically request and—

(i)if the previous civil partnership has been terminated by final order of dissolution, he shall enter the words, “Previously formed a civil partnership at…on…Civil partnership dissolved on…”, inserting particulars of the place and date of previous civil partnership and the date of dissolution, or

(ii)if the previous civil partnership was annulled, he shall enter the words, “Previously formed a civil partnership at…on…Civil partnership annulled on...”, inserting the particulars of the place and date of the previous civil partnership and the date of its annulment;”.

Registration of Births and Deaths Regulations 1987

7. In regulation 9(7)(b) of the Registration of Births and Deaths Regulations 1987(18) (entry of particulars on registration), after “child” insert “(and where the marriage results from the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, the name to be entered is that used for the conversion, if different)”.

Standards Committees (Wales) Regulations 2001

8.—(1) In the Standards Committees (Wales) Regulations 2001(19), in regulation 2 (interpretation), in the definition of “lay panel member”, after “spouse” insert “or civil partner”.

(2) In the Welsh text, in the Standards Committees (Wales) Regulations 2001, in regulation 2 (dehongli), in the definition of “aelod panel lleyg” (“lay panel member”), after “briod” insert “neu’n bartner sifil”.

Special Guardianship (Wales) Regulations 2005

9.—(1) In each of paragraph 3(c) and paragraph 4(e) of the Schedule to the Special Guardianship (Wales) Regulations 2005(20) (reports - matters prescribed for the purposes of section 14A(8)(b) of the Children Act 1989), after “civil partnership” in the second place it occurs insert “(or in relation to a marriage resulting from the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, the date and place of the civil partnership which was originally entered into by the couple)”.

(2) In the Welsh text, in each of paragraph 3(c) and paragraph 4(d) of the Schedule to the Special Guardianship (Wales) Regulations 2005 (adroddiadau – materion a ragnodwyd at ddibenion adran 14A(8)(b) o Ddeddf Plant 1989), after “bartneriaeth sifil” insert “(neu o ran priodas sy’n deillio o drosi partneriaeth sifil o dan adran 9 o Ddeddf Priodas (Cyplau o’r Un Rhyw) 2013 a rheoliadau a wnaed o dan yr adran honno, ddyddiad a lle’r bartneriaeth sifil yr ymrwymwyd iddi’n wreiddiol gan y cwpl)”.

Civil Partnership (Registration Provisions) Regulations 2005

10.—(1) Regulation 9 of the Civil Partnership (Registration Provisions) Regulations 2005(21) (contents of civil partnership document) is amended as follows.

(2) In paragraph (2)(i), for the closing words substitute—

“it shall enter across both columns of space 6, “Previously married at…on….Marriage dissolved on…”, inserting the particulars of the place and date of the previous marriage and the date of dissolution, however, in the case of a previous marriage between a man and a woman, it shall only enter this if the parties expressly request, and if they do not, shall enter “Previous marriage dissolved” for each person;”.

(3) In paragraph (2)(k), for the closing words substitute—

“it shall enter across both columns of space 6, “Previously married at…on…Marriage annulled on…”, inserting the particulars of the place and date of the previous marriage and the date of annulment, however, in the case of a previous marriage between a man and a woman, it shall only enter this if the parties expressly request, and if they do not, shall enter “Previous marriage annulled” for each person;”.

PART 2Enactments etc.: public service pension schemes

Public service pension schemes: general

11.—(1) The public service pension schemes referred to in the second column of the table at sub-paragraph (2) are amended in accordance with columns 3 and 4 of that table.

(2) The table referred to in sub-paragraph (1) is as set out below.

Entry	Pension Scheme	First set of amendments	Second set of amendments
1	The Firefighters’ Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in England(22).	In paragraph 1 of Part 3 of Schedule 1 (marriage of a same sex couple), for “In” at the beginning of sub-paragraph (1) substitute “Subject to paragraph 3, in”.	After paragraph 2 (living together as a same sex couple) insert the provision made by sub-paragraph (3) with the number “1” substituted by the number “3” and with the words “these Regulations” substituted by “this Scheme”.
2	The Firefighters’ Pension (Wales) Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in Wales(23).	In paragraph 1 of Part 3 of Schedule 1 (marriage of a same sex couple), for “In” at the beginning of sub-paragraph (1) substitute “Subject to paragraph 3, in”.	After paragraph 2 (living together as a same sex couple) insert the provision made by sub-paragraph (3) with the number “1” substituted by the number “3” and with the words “these Regulations” substituted by “this Scheme”.
3	The Local Government Pension Scheme Regulations 1997(24).	In regulation 42B (marriage of a same sex couple), for “In” at the beginning of paragraph (1) substitute “Subject to regulation 42D, in”.	After regulation 42C (living together as a same sex couple) insert the provision made by sub-paragraph (3) with the number “1” substituted by the number “42D”.
4	The Teachers’ Pension Regulations 2010(25).	In regulation 2A (marriage of a same sex couple), for “In” at the beginning of paragraph (1) substitute “Subject to regulation 2C, in”.	After regulation 2B (living together as a same sex couple) insert the provision made by sub-paragraph (4) with the number “1” substituted by the number “2C”.
5	The Royal Mail Statutory Pension Scheme(26).	In rule 2A (marriage of a same sex couple), for “In” at the beginning of paragraph (1) substitute “Subject to Rule 2C, in”.	After Rule 2B (living together as a same sex couple) insert the provision made by sub-paragraph (4) with the number “1” substituted by the number “2C” and with the words “these Regulations” in both places they occur substituted by “this Scheme”.

(3) The provision referred to in the fourth column of the table at sub-paragraph (2) in relation to entries 1 to 3 of the table is—

“Continuation of marriage where Scheme member acquires new legal gender

1. Where—

(a)a deceased Scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004(27), and

(b)at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,

the Scheme member’s widow is to be treated for the purposes of these Regulations as if the certificate had not been issued.”.

(4) The provision referred to in the fourth column of the table at sub-paragraph (2) in relation to entries 4 and 5 of the table is—

“Continuation of marriage where Scheme member acquires new legal gender

1.—(1) Where—

(a)a deceased Scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,

the Scheme member’s widow is to be treated for the purpose of these Regulations as if the certificate had not been issued.

(2) Where—

(a)a deceased Scheme member was a man by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)at the time of the member’s death, he was married to a man and that marriage subsisted before the time when the certificate was issued,

the Scheme member’s widower is to be treated for the purpose of these Regulations as if the certificate had not been issued.”.

12.—(1) In each of the enactments set out at sub-paragraph (4), any reference to a “widow” includes a woman who is the surviving spouse of a woman to whom sub-paragraph (3) applies.

(2) In each of the enactments set out at sub-paragraph (4)(c) to (g), any reference to a “husband” includes a woman to whom sub-paragraph (3) applies.

(3) This sub-paragraph applies to a deceased woman who—

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

(b)at the time of her death was married to a woman and that marriage subsisted before the time when the certificate was issued.

(4) The enactments referred to in sub-paragraphs (1) and (2) are—

(a)the War Pensions (Coastguards) Scheme 1944(28),

(b)the British Transport Reorganisation (Pensions of Employees) (No. 2) Order 1962(29),

(c)the Harbour Reorganisation (Compensation to Employees) Regulations 1967(30),

(d)the British Transport (Compensation to Employees) Regulations 1970(31),

(e)the London Transport (Compensation to Employees) Regulations 1970(32),

(f)the Transport Holding Company (Compensation to Employees) Regulations 1972(33), and

(g)the Vehicle and Driving Licences (Compensation to Officers) Regulations 1977(34).

Police Pensions Regulations 1987

13.—(1) The Police Pensions Regulations 1987(35) are amended as follows.

(2) In regulation J1 (policeman with a guaranteed minimum for the purposes of the Social Security Pensions Act 1975) after paragraph (4B)(36) insert—

“(4C) Where—

(a)the regular policeman who has died was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)at the time of her death the regular policeman was married to a woman and that marriage subsisted before the time when the certificate was issued,

the widow of the regular policeman is to be treated for the purposes of this Regulation as if the certificate had not been issued.”.

(3) In Schedule C (widows’ awards)—

(a)in paragraph 1 of Part 1 (widow’s ordinary pension), after sub-paragraph (2B)(37) insert—

“(2BA) Where—

(a)a female police officer who has died was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)at the time of her death the female police officer was married to a woman and that marriage subsisted before the time when the certificate was issued,

the widow of the female police officer is to be treated for the purposes of this Part as if the certificate had not been issued.”.

(b)in paragraph 1 of Part III (widow’s accrued pension), after sub-paragraph (1B)(38) insert—

“(1BA) Where—

(a)a female police officer who has died was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)at the time of her death the female police officer was married to a woman and the marriage subsisted before the time when the certificate was issued,

the widow of the female police officer is to be treated for the purposes of this Part as if the certificate had not been issued.”.

(c)In Part IV (widow’s pension in case of post-retirement marriage) after paragraph 5(39) insert—

“5A. Where—

(a)a female police officer who has died was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)at the time of her death the female police officer was married to a woman and that marriage subsisted before the time when the certificate was issued,

the widow of the female police officer is to be treated for the purposes of this Part as if the certificate had not been issued.”.

(d)In Part V (widow’s requisite benefit pension), after paragraph 1A(40) insert—

“1B. Where—

(a)a female police officer who has died was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)at the time of her death the female police officer was married to a woman and that marriage subsisted before the time when the certificate was issued,

the widow of the female police officer is to be treated for the purpose of this Part as if the certificate had not been issued.”.

National Health Service Pension Scheme Regulations 1995

14. In regulation A4 of the National Health Service Pension Scheme Regulations 1995(41) (civil partnerships and marriage of same sex couples), after paragraph (5) insert—

“(6) Where—

(a)a deceased member of this Section of the scheme was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,

the member’s widow is to be treated for the purposes of Parts G and K of these Regulations as if the certificate had not been issued.”.

Armed Forces Pension Scheme Order 2005

15. In rule E.1 of Part E of Schedule 1 to the Armed Forces Pension Scheme Order 2005(42) (surviving spouses’ and civil partners’ pensions), after paragraph (4) insert—

“(5) Where a deceased active, deferred or pensioner member was—

(a)a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)at the time of the deceased member’s death, the deceased member was married, and that marriage subsisted before the time when the certificate was issued,

the surviving spouse of the deceased member is to be treated for the purpose of these Rules as if the certificate had not been issued.”.

Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010

16.—(1) Part E of Schedule 1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(43) (death benefits) is amended as follows.

(2) For rule E.1(3)(c) (surviving spouse or civil partner’s pensions) substitute—

“(c)the member was—

(i)a man and was married to a woman whom he leaves a widow; or

(ii)a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.”.

(3) In rule E.1(5)(c)(ii) (surviving spouse or civil partner’s pensions), at the beginning insert “(except for a member who falls within rule E.1(15))”.

(4) After rule E.1(14) (surviving spouse or civil partner’s pensions) insert—

“(15) A deceased woman falls within this rule if—

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

(b)at the time of her death she was married to a woman and that marriage subsisted before the time when the certificate was issued.”.

(5) For rule E.6(1)(d) (widows’ pensions: service ended before 31st March 1973) substitute—

“(d)the member was—

(i)a man and was married to a woman whom he leaves a widow; or

(ii)a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.”.

(6) After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—

“(8) A deceased woman falls within this rule if—

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

(b)at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

17.—(1) Schedule 2(44) to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (Naval and Marines Attributable Benefits Scheme) is amended as follows.

(2) In Part A, in rule A.1 (interpretation), after the definition of “relevant disabling condition” insert—

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

(a)

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

(b)

at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;”.

(3) In Part C, in rule C.2 (conditions relating to the deceased) for paragraphs (a) and (b) substitute—

“(a)the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)was a man married to a woman whom he leaves a widow; or

(ii)was a woman married to a woman in a relevant gender change case whom she leaves a widow;

(b)the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—

(i)was a man married to a woman whom he married after discharge and whom he leaves a widow; or

(ii)was a woman married to a woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;”.

(4) In Part D, in rule D.1(3) (entitlement to a child’s compensation)—

(a)for sub-paragraph (a) substitute—

“(a)the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)was a man married to a woman whom he leaves a widow; or

(ii)was a woman married to a woman in a relevant gender change case whom she leaves a widow;”, and

(b)for sub-paragraph (c) substitute—

“(c)the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—

(i)married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or

(ii)was in a civil partnership with a person,

whom the deceased person leaves as a surviving spouse or surviving civil partner;”.

Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010

18.—(1) Part E of Schedule 1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010(45) (death benefits) is amended as follows.

(2) For rule E.1(3)(c) (surviving spouse or civil partner’s pensions) substitute—

“(c)the member was—

(i)a man and was married to a woman whom he leaves a widow; or

(ii)a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.”.

(3) In rule E.1(5)(c)(ii) (surviving spouse or civil partner’s pensions), at the beginning insert “(except for a member who falls within rule E.1(15))”.

(4) After rule E.1(14) (surviving spouse or civil partner’s pensions) insert—

“(15) A deceased woman falls within this rule if —

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

(b)at the time of her death she was married to a woman and that marriage subsisted before the time when the certificate was issued.”.

(5) For rule E.6(1)(d) (widows’ pensions: service ended before 31st March 1973) substitute—

“(d)the member was—

(i)a man and was married to a woman whom he leaves a widow; or

(ii)a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.”.

(6) After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—

“(8) A deceased woman falls within this rule if—

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

(b)at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

19.—(1) Schedule 2(46) to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (Army Attributable Benefits Scheme) is amended as follows.

(2) In Part A, in rule A.1 (interpretation), after the definition of “relevant disabling condition”, insert—

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

(a)

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

(b)

at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;”.

(3) In Part C, in rule C.2 (conditions relating to the deceased) for paragraphs (a) and (b) substitute—

“(a)the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)was a man married to a woman whom he leaves a widow; or

(ii)was a woman married to a woman in a relevant gender change case whom she leaves a widow;

(b)the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—

(i)was a man married to a woman whom he married after discharge and whom he leaves a widow; or

(ii)was a woman married to a woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;”.

(4) In Part D, in rule D.1(3) (entitlement to a child’s compensation)—

(a)for sub-paragraph (a) substitute—

“(a)the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)was a man married to a woman whom he leaves a widow; or

(ii)was a woman married to a woman in a relevant gender change case whom she leaves a widow;”, and

(b)for sub-paragraph (c) substitute—

“(c)the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—

(i)married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or

(ii)was in a civil partnership with a person,

whom the deceased person leaves as a surviving spouse or surviving civil partner;”.

Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010

20.—(1) Part E of Schedule 1 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(47) (death benefits) is amended as follows.

(2) For rule E.1(3)(c) (surviving spouse or civil partner’s pensions) substitute—

“(c)the member was—

(i)a man and was married to a woman whom he leaves a widow; or

(ii)a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.”.

(3) In rule E.1(5)(c)(ii) (surviving spouse or civil partner’s pensions), at the beginning insert “(except for a member who falls within rule E.1(15))”.

(4) After rule E.1(14) (surviving spouse or civil partner’s pensions) insert—

“(15) A deceased woman falls within this rule if—

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

(b)at the time of her death she was married to a woman and that marriage subsisted before the time when the certificate was issued.”.

(5) For rule E.6(1)(d) (widows’ pensions: service ended before 31st March 1973) substitute—

“(d)the member was—

(i)a man and was married to a woman whom he leaves a widow; or

(ii)a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.”.

(6) After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—

“(8) A deceased woman falls within this rule if—

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

(b)at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

21.—(1) Schedule 2(48) to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (Royal Air Force Attributable Benefits Scheme) is amended as follows.

(2) In Part A, in rule A.1 (interpretation), after the definition of “relevant disabling condition” insert—

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

(a)

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

(b)

at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;”.

(3) In Part C, in rule C.2 (conditions relating to the deceased), for paragraphs (a) and (b) substitute—

“(a)the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)was a man married to a woman whom he leaves a widow; or

(ii)was a woman married to a woman in a relevant gender change case whom she leaves a widow;

(b)the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—

(i)was a man married to a woman whom he married after discharge and whom he leaves a widow; or

(ii)was a woman married to woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;”.

(4) In Part D, in rule D.1(3) (entitlement to a child’s compensation)—

(a)for sub-paragraph (a) substitute—

“(a)the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)was a man married to a woman whom he leaves a widow; or

(ii)was a woman married to a woman in a relevant gender change case whom she leaves a widow;”, and

(b)for sub-paragraph (c) substitute—

“(c)the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—

(i)married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or

(ii)was in a civil partnership with a person,

whom the deceased person leaves as a surviving spouse or surviving civil partner;”.

Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011

22.—(1) The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011(49) are amended as follows.

(2) In Schedule 1, in Part D (death benefits)—

(a)for rule D.3(4)(b) substitute—

“(b)the member was—

(i)a man and was married to a woman whom he leaves a widow; or

(ii)a woman married to a woman in a relevant gender change case whom she leaves a widow.”, and

(b)after rule D.3(7) insert—

“(8) In this rule, “relevant gender change case” means a case where—

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

(b)at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued.”.

(3) In Schedule 2, in Part C (death benefits), for rules C.2(4) and (5) substitute—

“(4) Condition B is that the deceased person—

(a)was—

(i)a man; or

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

(b)was in service on or after 31st March 1973;

(c)was married to a woman and that marriage—

(i)took place before the deceased person ceased service; and

(ii)in the case of a deceased person falling within sub-paragraph (a)(ii), subsisted before the time when the certificate was issued; and

(d)died leaving her a widow.

(5) Condition C is that the deceased person—

(a)was—

(i)a man; or

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

(b)was in service on or after 6th April 1978;

(c)married a woman—

(i)after leaving service; and

(ii)in the case of a deceased person falling within sub-paragraph (a)(ii), the marriage subsisted before the time when the certificate was issued; and

(d)died leaving her a widow.”.

Article 3

SCHEDULE 2Amendments to enactments etc.: Scotland

Armed Forces Pension Scheme Order 2005

1.—(1) Part E of Schedule 1 to the Armed Forces Pension Scheme Order 2005(50) (death benefits) is amended as follows.

(2) In rule E.1 (surviving spouses’ and civil partners’ pensions), after paragraph (4) insert—

“(5) Where a deceased active, deferred or pensioner member was—

(a)a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)at the time of the deceased member’s death, the deceased member was married and that marriage subsisted before the time when the certificate was issued,

the surviving spouse of the deceased member is to be treated for the purpose of these Rules as if the certificate had not been issued.”.

(3) In each of rules E.3(6)(a), E.4(3)(a) and E.5(3)(a), before “civil partner” insert “person who was married to someone of the same sex or a”.

Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010

2.—(1) Part E of Schedule 1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(51) (death benefits) is amended as follows.

(2) In rule E.1—

(a)for paragraph (3)(c) (surviving spouse or civil partner’s pensions) substitute—

“(c)the member was—

(i)a man and was married to a woman whom he leaves a widow; or

(ii)a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.”,

(b)for paragraph (5)(c) (surviving spouse or civil partner’s pensions) substitute—

“(c)the member—

(i)was a woman and was married to a man whom she leaves a widower;

(ii)(except for a member who falls within rule E.1(15)) was married to a person of the same sex and leaves that person as a surviving spouse; or

(iii)leaves a surviving civil partner.”,

(c)in paragraph (13) (surviving spouse or civil partner’s pensions) for sub-paragraph (c) substitute—

“(c)had that person been the member’s surviving spouse or the member’s surviving civil partner, one of conditions A to C would be met,”, and

(d)after paragraph (14) (surviving spouse or civil partner’s pensions) insert—

“(15) A deceased woman falls within this rule if—

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

(b)at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

(3) In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—

“(d)the member was—

(i)a man and was married to a woman whom he leaves a widow; or

(ii)a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.”.

(4) After rule E.6(7) (widows’ pensions: service ended before 31st March 1973), insert—

“(8) A deceased woman falls within this rule if—

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

(b)at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

(5) In rule E.9 (suspension of pension on marriage etc.), for paragraph (3) substitute—

“(3) This paragraph applies while the surviving spouse or civil partner and another person are living together as if they are a married couple.”.

(6) In rule E.30(4) (death attributable to service), for “widow’s pension” in each place it occurs substitute “surviving spouse’s or civil partner’s pension”.

3.—(1) Schedule 2(52) to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (Naval and Marines Attributable Benefits Scheme) is amended as follows.

(2) In Part A, in rule A.1 (interpretation) after the definition of “relevant disabling condition” insert—

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

(a)

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

(b)

at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;”.

(3) In Part C—

(a)in rule C.2 (conditions relating to the deceased) for paragraphs (a) and (b) substitute—

“(a)the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)was a man married to a woman whom he leaves a widow; or

(ii)was a woman married to a woman in a relevant gender change case whom she leaves a widow;

(b)the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—

(i)was a man married to a woman whom he married after discharge and whom he leaves a widow; or

(ii)was a woman married to a woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;”,

(b)in the heading to rule C.4 (persons regarded as living together) and in paragraph (1) of that rule, for “husband and wife” substitute “a married couple”,

(c)in rule C.12 (level of compensation for post service marriages and civil partnerships), for “husband and wife” substitute “a married couple”, and

(d)in rule C.19 (restoration of long term compensation to surviving adult dependant)—

(i)in paragraph (2) for “widow or widower” in both places it occurs substitute “spouse”, and

(ii)for paragraph (7) substitute—

“(7) Where no long term compensation has been payable to a surviving spouse by virtue of the operation of paragraph (1)(b) to (e) because of that surviving spouse having lived with another person as if they were a married couple, the long term compensation will be restored where the Defence Council is satisfied that the surviving spouse has ceased to live with that other person as if they were a married couple.”.

(4) In Part D of Schedule 2 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (benefits payable in respect of eligible children) for rule D.1(3) (entitlement to a child’s compensation) substitute—

“(3) This Part will only apply when—

(a)the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)was a man married to a woman whom he leaves a widow; or

(ii)was a woman married to a woman in a relevant gender change case whom she leaves a widow;

(b)the deceased person was a woman who was in service on or after 1st October 1987, and at the time of her death was married to a man whom she leaves a widower;

(c)the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—

(i)married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or

(ii)was in a civil partnership with a person,

whom the deceased person leaves as a surviving spouse or surviving civil partner;

(d)the deceased person was an eligible partner and was in service on or after 5th December 2005.”.

Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010

4.—(1) Part E of Schedule 1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010(53) (death benefits) is amended as follows.

(2) In rule E.1—

(a)for paragraph (3)(c) (surviving spouse or civil partner’s pensions) substitute—

“(c)the member was—

(i)a man and was married to a woman whom he leaves a widow; or

(ii)a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.”,

(b)for paragraph (5)(c) (surviving spouse or civil partner’s pensions) substitute—

“(c)the member—

(i)was a woman and was married to a man whom she leaves a widower;

(ii)(except for a member who falls within rule E.1(15)) was married to a person of the same sex and leaves that person as a surviving spouse; or

(iii)leaves a surviving civil partner.”,

(c)in paragraph (13) (surviving spouse or civil partner’s pensions) for sub-paragraph (c) substitute—

“(c)had that person been the member’s surviving spouse or the member’s surviving civil partner, one of conditions A to C would be met,”, and

(d)after paragraph (14) (surviving spouse or civil partner’s pensions) insert—

“(15) A deceased woman falls within this rule if—

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

(b)at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

(3) In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—

“(d)the member was—

(i)a man and was married to a woman whom he leaves a widow; or

(ii)a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.”.

(4) After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—

“(8) A deceased woman falls within this rule if—

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

(b)at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

(5) In rule E.9 (suspensions of pension on marriage etc.), for paragraph (3) substitute—

“(3) This paragraph applies while the surviving spouse or civil partner and another person are living together as if they are a married couple.”.

(6) In rule E.30(4) (death attributable to service), for “widow’s pension” in each place it occurs substitute “surviving spouse’s or civil partner’s pension”.

5.—(1) Schedule 2(54) to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (Army Attributable Benefits Scheme) is amended as follows.