The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014

PART 6 Amendment of the National Health Service (Injury Benefits) Regulations 1995

Part 6: General

24.  The National Health Service (Injury Benefits) Regulations 1995(1) are amended in accordance with this Part.

Amendment of regulation 2

25.—(1) Regulation 2 (interpretation)(2) is amended as follows.

(2) At the appropriate place in the alphabetical order, insert—

““civil partner” and “civil partnership” are to be construed in accordance with regulation 2B;”;

““marriage” and “married” do not include a reference to marriage of a same sex couple unless otherwise provided;”;

““widow” and “widower” do not include a reference to marriage of a same sex couple;”.

Insertion of regulation 2B

26.  After regulation 2A (meaning of “practitioner”), insert—

“Civil partnerships and marriage of same sex couples

2B.— (1) In these Regulations, except as provided in paragraph (5), a reference to—

(a) civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;

(b) a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.

(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, a reference to a person whose civil partnership has ended, or a reference to persons formerly living together as civil partners) is to be read accordingly.

(3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.

(4) The application of the Marriage (Same Sex Couples) Act 2013(3) in relation to these Regulations is modified so that—

(a) section 11(1) and (2) has effect subject to paragraphs (1) to (3); and

(b) Schedule 3 does not apply to the interpretation of these Regulations.

(5) In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 2004(4).”.

(1)

S.I. 1995/866.

(2)

Regulation 2 was amended by S.I. 1997/646, 1998/667 and 2217, 2000/606, 2002/2469, 2003/631, 2004/696, 865 and 1016, 2005/661, 2006/600, 2007/3280, 2008/655 and 2263, 2009/381 and 2446, 2010/492, 2011/2586 and 2013/413.

(3)

2013 c.30.

(4)

2004 c.33.