SCHEDULES
SCHEDULE 26Amendment of certain enactments relating to the armed forces
Greenwich Hospital Act 1865 (c. 89)
1
In section 5 (power to appoint pensions to officers, etc.), after “widows” insert “
or surviving civil partners
”
.
Pensions Commutation Act 1871 (c. 36)
3
1
In section 4 (power to Treasury to commute pensions), in subsection (2) —
a
after “marries” insert “
or forms a civil partnership
”
, and
b
after “widow” insert “
or surviving civil partner
”
.
2
In section 4(3), for “wife” substitute “
wife, civil partner
”
.
Greenwich Hospital Act 1883 (c. 32)
I14
In section 2 (power to grant pensions, allowances, and gratuities), in subsection (1), after “widows” insert “
or surviving civil partners
”
.
Pensions and Yeomanry Pay Act 1884 (c. 55)
I25
In section 4 (distribution of money not exceeding £5,000 without requiring probate), after “widower” insert “
surviving civil partner
”
.
Regimental Debts Act 1893 (c. 5)
6
In section 10 (application of residue undisposed of), in subsection (2), for “widows” substitute “
widows, surviving civil partners
”
.
7
In section 24 (application of Act to cases of insanity), in paragraph (a), for “wife or husband” substitute “
wife, husband or civil partner
”
.
War Pensions (Administrative Provisions) Act 1919 (c. 53)
10
In section 8 (appeals to Pensions Appeal Tribunals), in subsection (1), for “the motherless child or” substitute “
surviving civil partner or the orphan,
”
.
War Pensions Act 1920 (c. 23)
11
In section 7 (restoration of forfeited pensions), in subsection (2), after “wife,” insert “
civil partner,
”
.
12
In section 8 (statutory right of widow or dependant to a pension), for “widow” substitute “
widow, surviving civil partner
”
.
Admiralty Pensions Act 1921 (c. 39)
13
In section 2 (restoration of forfeited pension), in subsection (2), after “wife,” insert “
civil partner,
”
.
Greenwich Hospital Act 1942 (c. 35)
14
1
In section 1 (extension of powers to grant pensions to persons employed for the purposes of Greenwich Hospital), in subsection (1)(a) and (b) for “widows” substitute “
widows, surviving civil partners
”
.
2
In section 1(2), for “spouses” substitute “
spouses, civil partners
”
.
Pensions Appeal Tribunals Act 1943 (c. 39)
15
In section 1 (appeals against rejection of war pension claims made in respect of members of the naval, military or air forces), in subsection (4)(ii) —
a
after “widower,” insert “
surviving civil partner,
”
,
b
for “husband” substitute “
husband, civil partner
”
,
c
after “marriage” insert “
or civil partnership
”
, and
d
after “place” insert “
or been formed
”
.
Greenwich Hospital Act 1947 (10 & 11 Geo. 6 c. 5)
16
In section 2 (extension of power to grant pensions, etc.), in subsection (1), after “widows” insert “
and surviving civil partners
”
.
Polish Resettlement Act 1947 (c. 19)
I417
In section 1 (power to apply Royal Warrant as to pensions etc. to certain Polish forces), in subsection (1), after “widows,” insert “
surviving civil partners,
”
.
18
In section 2 (allowances from the Assistance Board), in subsection (2)(c)—
a
for “of men” substitute “
or civil partners of persons
”
,
b
for “woman” substitute “
person
”
,
c
for “of a man” substitute “
or civil partner of a person
”
, and
d
for “re-married” substitute “
subsequently married or formed a civil partnership
”
.
Royal Patriotic Fund Corporation Act 1950 (c. 10)
20
In section 1 (extension of objects of soldiers' effects fund), in subsection (1)—
a
for “widows or children” substitute “
widows, surviving civil partners or children
”
, and
b
after “widows,” insert “
surviving civil partners,
”
.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
21
In section 23(1) (interpretation of Part 2)—
a
in paragraph (a) of the definition of “dependant”, for “wife” substitute “
spouse or civil partner
”
, and
b
in the definition of “statutory tenancy”, for “widow” substitute “
surviving spouse or surviving civil partner
”
.
22
In paragraph (a) of section 25(6)
(meaning of “dependant”), for “wife” substitute “
spouse or civil partner
”
.
23
In section 27(5)
(interpretation of section), for “wife”
(in each place) substitute “
spouse or civil partner
”
.
24
In section 38(5)
(interpretation of section), for “wife”
(in each place) substitute “
spouse or civil partner
”
.
25
1
Amend section 46 (general provisions as to payments to make up civil remuneration) as follows.
2
In subsection (2), for “wife” substitute “
spouse or civil partner
”
.
3
In subsection (3)—
a
the words from “a widow entitled to a widow’s pension” to the end of paragraph (iv) become paragraph (a) of the subsection (so that paragraphs (i) to (iv) become sub-paragraphs of that paragraph (a)),
b
in that paragraph (a), for “widow entitled to a widow’s pension” substitute “
surviving spouse entitled to a surviving spouse’s pension
”
,
c
in sub-paragraph (iv) of that paragraph (a), at the end insert “
or
”
, and
d
before “there may” insert the following paragraph—
b
a surviving civil partner entitled to a surviving civil partner’s pension by virtue of any of those provisions,
26
In section 52(2)(a)
(“service pay” includes marriage etc. allowances), after “marriage,” insert “
civil partnership,
”
.
27
1
Amend Schedule 3 (financial provisions consequential on treating a person dying on service as alive and the converse) as follows.
2
In paragraph 1(3), for “widow” substitute “
surviving spouse, surviving civil partner
”
.
3
In paragraph 2(4), for “wife”
(in each place) substitute “
spouse, civil partner
”
.
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
28
1
Section 150 (enforcement of maintenance and affiliation orders by deduction from pay) is amended as follows.
2
In subsection (1)(a) and (aa), after “wife” insert “
or civil partner
”
.
3
In subsection (5), after “marriage had subsisted;” insert— “
references to a civil partner include, in relation to an order made in proceedings in connection with the dissolution or annulment of a civil partnership, references to a person who would have been the civil partner of the defendant if the civil partnership had subsisted.
”
29
In section 151 (deductions from pay for maintenance of wife or child), in subsection (1)—
a
after “wife”
(in the first place) insert “
or civil partner
”
, and
b
for “wife”
(in the second place) substitute “
wife, civil partner
”
.
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
30
1
Section 150 (enforcement of maintenance and affiliation orders by deduction from pay) is amended as follows.
2
In subsection (1)(a) and (aa), after “wife” insert “
or civil partner
”
.
3
In subsection (5), after “marriage had subsisted;” insert— “
references to a civil partner include, in relation to an order made in proceedings in connection with the dissolution or annulment of a civil partnership, references to a person who would have been the civil partner of the defendant if the civil partnership had subsisted.
”
31
In section 151 (deductions from pay for maintenance of wife or child), in subsection (1)—
a
after “wife”
(in the first place) insert “
or civil partner
”
, and
b
for “wife”
(in the second place) substitute “
wife, civil partner
”
.
Courts-Martial (Appeals) Act 1968 (c. 20)
33
In section 48A (appeals on behalf of deceased persons), in subsection (3)(a), for “widow or widower” substitute “
widow, widower or surviving civil partner
”
.