4[F1Power to grant widows', surviving civil partners' and children's pensions].N.I.
[F1(1)]Subject to the provisions of this Act, on the death after the passing of this Act of a resident magistrate (in this Act referred to as “the deceased”) who—
(a)had become eligible for a pension; or
(b)was serving as a resident magistrate at the time of his death and would, if he had then retired on the ground of permanent infirmity, have become eligible for a pension;
[F2the Treasury] may grant—
(i)where he leaves a widow, a pension to that widow (in this Act referred to as a “widow's pension”);
[F1(ia)where he leaves a surviving civil partner, a pension to that surviving civil partner (in this Act referred to as a “surviving civil partner's pension”); and]
[F1(ii)where he had a wife or a civil partner at any time during his service as a resident magistrate, or, where he was a person to whom paragraph (b) of subsection (2) of section two applied, during his service as a resident magistrate or his service in whole-time employment to which the Superannuation Acts apply (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 for the benefit of any relevant children (in this Act referred to as a “children's pension”).]
[F1(2)In subsection (1)(ii), “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) “children of the family” is to be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995.]
F1SI 2005/3325