The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

Employment Equality (Sexual Orientation) Regulations 2003E+W+S

This section has no associated Explanatory Memorandum

7.—(1) Amend the Employment Equality (Sexual Orientation) Regulations 2003 M1 as follows.

(2) After regulation 3(2) insert—

“(3) For the purposes of paragraph (2), in a comparison of B's case with that of another person the fact that one of the persons (whether or not B) is a civil partner while the other is married shall not be treated as a material difference between their respective circumstances.”

(3) For regulation 25 (Exception for benefits dependent on marital status) substitute—

“Exception for benefits dependent on a person's status

25.  Nothing in Part II or III shall render unlawful—

(a)anything which prevents or restricts access to a benefit by reference to marital status where the right to the benefit accrued or the benefit is payable in respect of periods of service prior to the coming into force of the Civil Partnership Act 2004;

(b)the conferring of a benefit on married persons and civil partners to the exclusion of all other persons.”

Marginal Citations