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

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Article 3

SCHEDULE 2Contrary provision to section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act

This schedule has no associated Explanatory Memorandum

PART 1Common law

Provision disapplying the effect of section 11(1) and (2) of the Act in respect of the common law

1.  Section 11(1) and (2) of the Act does not apply to the common law concerning the right of a person—

(a)who marries, or who is married to, the King Regnant, to the title of Queen, or

(b)who marries, or who is married to, the Prince of Wales, to the title of Princess of Wales.

2.  Section 11(1) and (2) of the Act does not apply to the common law concerning the acquisition of a right to, or interest in, a peerage, and all titles, rights, offices, privileges and precedence attaching to it, by a person who marries or who is married to a peer holding that peerage.

PART 2EU instruments

Provision disapplying the effect of section 11(1) and (2) of the Act in respect of EU instruments

3.  Section 11(1) and (2) of the Act does not apply to EU instruments.

PART 3Enactments etc. (general)

Provision to which section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act are subject

4.—(1) Section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act have effect subject to sub-paragraph (2).

(2) In the calculation of the amount of death benefits payable under rules E.3(6)(a), E.4(3)(a) and E.5(3)(a) in Part E of Schedule 1 to the Armed Forces Pension Scheme Order 2005(1), a surviving spouse who was married to someone of the same sex is to be treated in the same way as the surviving civil partner of a civil partnership.

Provision disapplying the effect of section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act in respect of enactments

5.  Section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act do not apply to—

(a)the Statute of Westminster the Second 1285(2),

(b)the Quia Emptores 1289(3),

(c)the Treason Act 1351(4),

(d)chapter 2 of the Statute the Fifth(5),

(e)the Crown Private Estate Act 1800(6),

(f)the Fines and Recoveries Act 1833(7),

(g)section 10 of the Married Women’s Property Act 1882(8),

(h)section 3 of the Married Women’s Property Act 1893(9),

(i)section 3 of the Married Women’s Property Act 1907(10),

(j)sections 1(3) and 25(1) of the Settled Land Act 1925(11),

(k)section 47 of the Criminal Justice Act 1925(12),

(l)section 60 of the Government Annuities Act 1929(13),

(m)the War Pensions (Coastguards) Scheme 1944(14),

(n)the Civil Aviation (Births, Deaths and Missing Persons) Regulations 1948(15),

(o)the Airways Corporations (General Staff Pensions) Regulations 1948(16),

(p)the Airways Corporations (Pilots Pensions) Regulations 1951(17),

(q)the Airways Corporations (Radio, Navigating and Engineer Officers Pensions) Regulations 1953(18),

(r)the Airways Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1957(19),

(s)the Greenwich Hospital (Widows’ Pensions and Dependants’ Gratuities) Order 1960(20),

(t)the British Transport Reorganisation (Pensions of Employees) (No. 2) Order 1962(21),

(u)the Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) (No. 2) Regulations 1963(22),

(v)the Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1967(23),

(w)the Harbour Reorganisation (Compensation to Employees) Regulations 1967(24),

(x)the Port of London Act 1968(25),

(y)the British Transport (Compensation to Employees) Regulations 1970(26),

(z)the London Transport (Compensation to Employees) Regulations 1970(27),

(aa)sections 1, 3(7)(a), 6 and the definition of “widow’s pension” in section 17(1) of the Pensions (Increase) Act 1971(28),

(bb)the Transport Holding Company (Compensation to Employees) Regulations 1972(29),

(cc)section 59(5ZB)(a) and (b) and (5ZC)(a) of the Social Security Pensions Act 1975(30),

(dd)the Vehicle and Driving Licences (Compensation to Officers) Regulations 1977(31),

(ee)articles 2 and 3 of the Pensions Increase (Review) Order 1979(32),

(ff)the Greater London Council Housing (Compensation) Regulations 1980(33),

(gg)the National Freight Corporation (Central Trust) (Amendment) Order 1980(34),

(hh)articles 2 and 3 of the Pensions Increase (Review) Order 1980(35),

(ii)articles 2 and 3 of the Pensions Increase (Review) Order 1981(36),

(jj)articles 2 and 3 of the Pensions Increase (Review) Order 1982(37),

(kk)articles 2 and 3 of the Pensions Increase (Review) Order 1983(38),

(ll)articles 2 and 3 of the Pensions Increase (Review) Order 1984(39),

(mm)articles 2 and 3 of the Pensions Increase (Review) Order 1985(40),

(nn)articles 2 and 3 of the Pensions Increase (Review) Order 1986(41),

(oo)articles 2 and 3 of the Pensions Increase (Review) Order 1987(42),

(pp)the Judicial Pensions (Widows’ and Children’s Benefits) Regulations 1987(43),

(qq)articles 2 and 3 of the Pensions Increase (Review) Order 1988(44),

(rr)articles 2 and 3 of the Pensions Increase (Review) Order 1989(45),

(ss)articles 2 and 3 of the Pensions Increase (Review) Order 1990(46),

(tt)the Judicial Pensions (Widowers’ and Children’s Benefits) Regulations 1991(47),

(uu)paragraphs 5(2)(48), 5A(49) and 6(50) of Schedule 5 to the Social Security Contributions and Benefits Act 1992(51),

(vv)the Firefighters’ Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in England(52),

(ww)the Firefighters’ Pension (Wales) Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in Wales(53),

(xx)the Railways Pension Scheme Order 1994(54),

(yy)the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994(55),

(zz)the British Coal Staff Superannuation Scheme (Modification) Regulations 1994(56),

(aaa)the Mineworkers’ Pension Scheme (Modification) Regulations 1994(57),

(bbb)the Industry-Wide Coal Staff Superannuation Scheme Regulations 1994(58),

(ccc)the Industry-Wide Mineworkers’ Pension Scheme Regulations1994(59),

(ddd)regulations 55(1) and 69B(3)(c) and (d) of the Occupational Pension Schemes (Contracting-out) Regulations 1996(60),

(eee)the Local Government Pension Scheme Regulations 1997(61),

(fff)the Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001(62),

(ggg)section 299 of the Pensions Act 2004(63) and the relevant provisions of the reciprocal agreement with Australia (within the meaning of that section) as continued in force by that section,

(hhh)regulations 3(i) and 7(1) of the Occupational Pension Schemes (Modification of Schemes) Regulations 2006(64),

(iii)the New Firefighters’ Pension Scheme (England)(65),

(jjj)the New Firefighters’ Pension Scheme (Wales)(66),

(kkk)the Teachers’ Pensions Regulations 2010(67),

(lll)Schedule 1, Part E, rule E.1, paragraphs (3)(c) and (5)(c) and rule E.6, paragraph (1)(d) and Schedule 2, Part C, rule C.2, paragraphs (a) and (b) and Part D, rule D.1(3) to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(68),

(mmm)Schedule 1, Part E, rule E.1, paragraphs (3)(c) and (5)(c) and rule E.6, paragraph (1)(d) and Schedule 2, Part C, rule C.2, paragraphs (a) and (b) and Part D, rule D.1(3) to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010(69),

(nnn)Schedule 1, Part E, rule E.1, paragraphs (3)(c) and (5)(c) and rule E.6, paragraph (1)(d) and Schedule 2, Part C, rule C.2, paragraphs (a) and (b) and Part D, rule D.1(3) to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010(70), and

(ooo)the Royal Mail Statutory Pension Scheme(71).

(1)

S.I. 2005/438, to which there are amendments not relevant to this Order.

(4)

1351 c. 2; the Act was amended by the Forgery Act 1830 (c. 66), section 31, 2 & 3 Will 4 (c. 34), section 1, 9 Geo 4 (c. 31), section 1, 10 Geo 4 (c. 34), section 1, the Escheat (Procedure) Act 1887 (c. 53), the Schedule, the Statute Law Revision Act 1948 (c. 62), the Criminal Law Act 1967 (c. 58), Schedule 3, Part 1 and the Succession to the Crown Act 2013 (c. 20), the Schedule (not yet in force).

(5)

1351 c. 2; chapter 2 was amended by the Forgery Act 1830 (c. 66), section 31, 2 & 3 Will 4 (c. 34), section 1, 9 Geo 4 (c. 31), section 1, 10 Geo 4 (c. 34), section 1, the Escheat (Procedure) Act 1887 (c. 53), the Schedule, the Statute Law Revision Act 1948 (c. 62) and the Criminal Law Act 1967 (c. 58), Schedule 3, Part 1 and the Criminal Law (Northern Ireland) Act 1967 (c. 18), Schedule 2, Part 1.

(10)

1907 c. 18; section 3 was amended by the Law Reform (Married Women and Tortfeasors) Act 1935 (c. 30), Schedule 2.

(11)

1925 c. 18; there are amendments to section 1 not relevant to this Order. Section 25(2) was repealed by the Married Women (Restraint upon Anticipation) Act 1949 (c. 78), section 1(4) and Schedule 2.

(12)

1925 c. 86; section 47 was repealed in relation to the Isle of Man by the Statute Law (Repeals) Act 2004 (c. 14).

(14)

S.I. 1944/500; to which there are amendments not relevant to this Order.

(15)

S.I. 1948/1411; to which there are amendments not relevant to this Order.

(16)

S.I. 1948/2361; to which there are amendments not relevant to this Order.

(19)

S.I. 1957/87; to which there are amendments not relevant to this Order.

(28)

1971 c. 56; section 1 was substituted by the Schedule to S.I. 1978/1211. Section 3(7) was amended by the Children Act 1975 (c. 72), section 108(1)(b) and Schedule 4. There are other amendments to section 3 not relevant to this Order. Section 6 was amended by section 3(3) of the Pensions (Increase) Act 1974 (c. 9). The definition of “widow’s pension” in section 17(1) was inserted by section 3(3) of the Pensions (Increase) Act 1974 and was substituted by the Welfare Reform and Pensions Act 1999 (c. 30), section 39(1) and (5)(c). There are other amendments to section 17 not relevant to this Order.

(30)

1975 c. 60; subsections (5ZB) and (5ZC) were inserted by the Pensions Act 2008 (c. 30), section 137(1) and (8).

(31)

S.I. 1977/1316; to which there are amendments not relevant to this Order.

(43)

S.I. 1987/375; to which there are amendments not relevant to this Order.

(47)

S.I. 1991/2731; to which there are amendments not relevant to this Order.

(48)

Paragraph 5 was amended by S.I. 2005/2053. Paragraphs 5, 5A and 6 were substituted for paragraphs 5 and 6 as originally enacted by the Pensions Act 1995 (c. 26), Schedule 4, paragraph 21(15). Paragraphs 5 to 6A of that Schedule were repealed by the Pensions Act 2011 (c. 19), section 2(5). That repeal was brought into force in respect of certain specified provisions by S.I. 2011/3034 but has yet to be brought into force in respect of the remaining provisions.

(49)

Paragraph 5A was amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 39 and the Pensions Act 2007 (c. 22), Schedule 1, paragraph 20 and Schedule 7, Part 3.

(50)

Paragraph 6 was amended by the Child Support, Pensions and Social Security Act 2000, section 39 and the Pensions Act 2007, Schedule 1, paragraph 20 and Schedule 7, Part 3.

(51)

1992 c. 4; there are other amendments to Schedule 5 not relevant to this Order.

(52)

The scheme is in Schedule 2 to S.I. 1992/129; Schedule 2 is the subject of amendments not relevant to this Order. The name of the scheme was changed to the Firefighters’ Pension Scheme by S.I. 2004/2306. By virtue of S.I. 2006/3432, subject to certain savings, the scheme has no effect in relation to any person who takes up employment with an English fire and rescue authority on or after 6th April 2006.

(53)

The scheme is in Schedule 2 to S.I. 1992/129; Schedule 2 is the subject of amendments not relevant to this Order. The name of the scheme was changed to the Firefighters’ Pension (Wales) Scheme by S.I. 2004/2918 (W. 257). By virtue of S.I. 2007/1072 (W. 110), subject to certain savings, the scheme has no effect in relation to any person who takes up employment with a Welsh fire and rescue authority on or after 6th April 2006.

(54)

S.I. 1994/1433; to which there are amendments not relevant to this Order.

(56)

S.I. 1994/2576; to which there are amendments not relevant to this Order.

(57)

S.I. 1994/2577; to which there are amendments not relevant to this Order.

(58)

S.I. 1994/2973; to which there are amendments not relevant to this Order.

(59)

S.I. 1994/2974; to which there are amendments not relevant to this Order.

(60)

S.I. 1996/1172; paragraph (1)(c) of regulation 55 was amended by S.I. 1997/786 and 2005/2050, and regulation 69B was inserted by S.I. 2009/846. There are other amendments to these Regulations not relevant to this Order.

(61)

S.I. 1997/1612; these Regulations were revoked, with savings, by S.I. 2008/238 and continue to have effect in respect of deferred and pensioner members of the scheme constituted by them. There are other amendments to these Regulations not relevant to this Order.

(62)

S.I. 2001/853; to which there are amendments not relevant to this Order.

(64)

S.I. 2006/759; to which there are amendments not relevant to this Order.

(65)

The scheme is in Schedule 1 to S.I. 2006/3432; Schedule 1 is the subject of amendments not relevant to this Order.

(66)

The scheme is in Schedule 1 to S.I. 2007/1072 (W.110); Schedule 1 is the subject of amendments not relevant to this Order.

(67)

S.I. 2010/990; to which there are amendments not relevant to this Order.

(68)

Order in Council made pursuant to section 3 of the Naval and Marine Pay and Pensions Act 1865 (28 and 29 Vict c. 73). This Order in Council and its amending orders are not statutory instruments. Schedule 1 was substituted in its entirety by the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 and subsequently amended by the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme (Amendment) Order 2012. These latter Orders can be found at www.gov.uk/government/publications/armed-forces-pension-scheme-1975-regulations. Hard copies are available from CDP- Remuneration, Armed Forces Pensions, Level 6 Zone M, Ministry of Defence, Main Building, London SW1A 2HB.

(69)

Royal Warrant made under section 2 of the Pensions and Yeomanry Pay Act 1884 (47 and 48 Vict c. 55) and prerogative powers. This Warrant and the warrants which amend it are not statutory instruments. Schedule 1 was substituted in its entirety by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010 and was subsequently amended by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme (Amendment) Warrant 2012. These latter Warrants can be found at www.gov.uk/government/publications/armed-forces-pension-scheme-1975-regulations. Hard copies are available from CDP- Remuneration, Armed Forces Pensions, Level 6 Zone M, Ministry of Defence, Main Building, London SW1A 2HB.

(70)

Queen’s Order made under section 2(1) of the Air Force (Constitution) Act 1917 (7 and 8 Geo 5 c. 51). This Order and its amending orders are not statutory instruments. Schedule 1 was substituted by the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 and subsequently amended by the Air Force Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2012. These latter Orders can be found at www.gov.uk/government/publications/armed-forces-pension-scheme-1975-regulations. Hard copies are available from CDP- Remuneration, Armed Forces Pensions, Level 6 Zone M, Ministry of Defence, Main Building, London SW1A 2HB.

(71)

The Scheme Rules are in Schedule 1 to S.I. 2012/687.

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