The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014
The Secretary of State, in exercise of those powers, makes the following Order:
Citation, commencement, interpretation and extent1.
(1)
This Order may be cited as the Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014.
(2)
This Order comes into force on 13th March 2014.
(3)
In this Order “the Act” means the Marriage (Same Sex Couples) Act 2013.
(4)
Subject to paragraph (5), this Order extends to England and Wales only.
(5)
Paragraphs 18(2)(b) and (3)(b) and 19 of Schedule 1 extend also to Scotland.
Amendments to subordinate legislation2.
Schedule 1 (which amends subordinate legislation in consequence of the Act and the Civil Partnership Act 2004) has effect.
Amendments to Welsh subordinate legislation3.
Schedule 2 (which amends Welsh subordinate legislation in consequence of the Act and the Civil Partnership Act 2004) has effect.
SCHEDULE 1Consequential Amendments to Subordinate Legislation
London Cab Order 1934
1.
(a)
for “his” in the second place it occurs, substitute “the licensee’s”,
(b)
for “widow” in both places it occurs, substitute “surviving spouse, surviving civil partner”, and
(c)
omit from “In like manner”, in the first place it occurs, to “husband.”.
Marriage (Authorised Persons) Regulations 1952
2.
(1)
(2)
In regulation 2 (interpretation), in the definition of “authorised person” for “43” substitute “43 or 43B”.
(3)
In the heading to regulation 4 (time and manner of certification of authorised person), for the words “authorised person” substitute “person authorised under section 43(1) of the Act”.
(4)
In regulation 15 (details of name and surname), for “the man” to the end substitute “each of the parties to the marriage.”.
(5)
(6)
(7)
In regulation 18 (details of rank or profession), for “the man” to the end substitute “each of the parties to the marriage.”.
(8)
(9)
In regulation 20 (details of father’s name and surname), for “the man, followed by the like particulars of the father of the woman” substitute “each of the parties to the marriage”.
(10)
In regulation 21 (details of rank or profession of father), for “the man” to the end substitute “each of the parties to the marriage.”.
Probation (Compensation) Regulations 1965
3.
(1)
(2)
In regulation 24 (compensation payable to dependants etc. on the death of a claimant), for “widow” in each place it occurs, substitute “surviving spouse, surviving civil partner”.
(3)
In regulation 25 (compensation payable to personal representative on the death of a claimant), in paragraph (3), for “widow” substitute “surviving spouse, surviving civil partner”.
(4)
In the heading to regulation 26 (balances payable to deceased claimant’s widow and personal representative), for “widow” substitute “surviving spouse or surviving civil partner”.
Courts (Compensation to Officers) Regulations 1971
4.
(1)
(2)
In regulation 26 (compensation payable to family of claimant), in the heading and in each place it occurs, for “widow” substitute “surviving spouse, surviving civil partner”.
(3)
In regulation 27 (compensation where death grant would have been payable)—
(a)
in paragraph (1)—
(i)
for “widow” substitute “surviving spouse, surviving civil partner”, and
(ii)
for “she or they” substitute “the surviving spouse or surviving civil partner or the personal representatives or trustees”, and
(b)
in paragraphs (3) and (4), for “widow” in each place it occurs, substitute “surviving spouse, surviving civil partner”.
(4)
In regulation 28 (balance due to claimant’s widow or personal representatives)—
(a)
in the heading, for “widow” substitute “surviving spouse, surviving civil partner”,
(b)
in paragraph (1), for “the widow” substitute “a surviving spouse, surviving civil partner”, and
(c)
“(2)
If an annual sum becomes payable to a surviving spouse or a surviving civil partner under either paragraph (2)(a) or paragraph (7)(a) of regulation 26 and on that person’s re-marriage, subsequent entry into a civil partnership or death, the sum ceases to be payable, and any sum payable to a child or other dependant under either of those paragraphs has ceased to be payable, and if the aggregate amount of the payments which were made as aforesaid to the deceased person by way of retirement compensation and to the surviving spouse or surviving civil partner, personal representatives or trustees under regulation 27 is less than a sum equivalent to the amount which would have been payable to the personal representatives under that regulation if no annual sum had been payable under either of the said paragraph 2(a) or paragraph (7)(a), there shall be paid to the surviving spouse or surviving civil partner or that person’s personal representatives, the difference between such aggregate amount and the said equivalent sum.”.
(5)
In regulation 33 (reduction of compensation in certain cases), in paragraphs (4) and (5), for “his widow” in both places it occurs, substitute “that person’s surviving spouse, surviving civil partner”.
(6)
In regulation 36 (compounding of awards), in paragraph (2), for “widow” substitute “surviving spouse, surviving civil partner”.
Merchant Shipping (Maintenance of Seamen’s Dependants) Regulations 1972
5.
Social Security Benefit (Dependency) Regulations 1977
6.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Merchant Shipping (Returns of Births and Deaths) Regulations 1979
7.
(a)
in paragraph (2)(a), for the words in brackets substitute “which relates to treatment provided to a woman who at the time of treatment is married to another woman, or in certain circumstances is a party to a void marriage with another woman, or party to a civil partnership or in certain circumstances a void civil partnership”, and
(b)
“(b)
section 43 of that Act (which relates to treatment provided to a woman where she agrees a second woman is to be the parent of the child) where the woman—
(i)
is married to, or the civil partner of, the child’s mother at the time of the child’s birth, or
(ii)
was married to, or the civil partner of, the child’s mother at any time during the period beginning with the time mentioned in section 43(b) of that Act and ending with the child’s birth.”.
Registration of Marriages Regulations 1986
8.
(1)
(2)
In regulation 5 (statements and particulars for intended marriage of house-bound or detained person) after “section 26(1)(dd)” insert “or section 26B(6)”.
(3)
(4)
In Schedule 1 (prescribed forms)—
(a)
(b)
in forms 5 and 6—
(i)
after “Name and surname” in the first place it occurs, omit “of man”, and
(ii)
after “Name and surname” in the second place it occurs, omit “of woman”, and
(c)
(i)
after “Name and surname” in the first place it occurs, omit “of man”, and
(ii)
after “Name and surname” in the second place it occurs, omit “of woman”.
Income Support (General) Regulations 1987
9.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Social Security (Claims and Payments) Regulations 1987
10.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Registration of Births and Deaths Regulations 1987
11.
(1)
(2)
“(7)
With respect to space 9(b) (mother’s surname at marriage or civil partnership if different from maiden surname) the surname to be entered shall be—
(a)
the name in which the mother contracted her marriage with the father; or
(b)
the name in which she contracted her marriage with, or in which she entered into a civil partnership with, the other parent of the child.”.
(3)
In regulation 19 (attendance and particulars on re-registration)—
(a)
in paragraph (b)(ii), for “after” to the end substitute “after her marriage to the father, or her marriage to, or civil partnership with, the other parent, and”, and
(b)
in paragraph (b)(iii), omit “(respectively)”.
(4)
In regulation 42 (registration within twelve months from date of death where no report to coroner)—
(a)
in paragraph (3)(b), for “husband” in both places it occurs, substitute “spouse”, and
(b)
in paragraph (3)(ba), for “wife” in both places it occurs, substitute “spouse”.
Judicial Pensions (Preservation of Benefits) Order 1988
12.
Judicial Pensions (Requisite Benefits) Order 1988
13.
(1)
(2)
In article 4 (office-holders to whom Order applies), for “his widow” substitute “that person’s surviving spouse or surviving civil partner”.
(3)
In article 7 (widow’s benefits)—
(a)
in the heading, for “Widow’s” substitute “Surviving spouse’s or surviving civil partner’s”,
(b)
in paragraph (1), for “his widow” substitute “that person’s surviving spouse or surviving civil partner”, and
(c)
in paragraph (2), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.
(4)
In article 9 (widow’s guaranteed minimum pension)—
(a)
for the heading, substitute “Guaranteed minimum pension for surviving spouse or surviving civil partner”,
(b)
in paragraph (1)—
(i)
for “his widow” substitute “that person’s surviving spouse or surviving civil partner”, and
(ii)
for “her” substitute “that person’s”, and
(c)
in paragraph (3), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.
(5)
Omit article 10 (widower’s or surviving civil partner’s guaranteed pension).
(6)
In article 11(3) (ascertainment of salary for requisite benefits), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.
(7)
In article 12 (contribution in event of marriage during retirement)—
(a)
“(1)
Where on the date when an office-holder (“O”) ceases to hold office, O is neither married, nor in a civil partnership, O may be required to undertake, in return for payment to O of a lump sum under or by virtue of whichever of the enactments mentioned in paragraph (2) below is applicable to O, that the first time O—
(a)
marries (and where O has not previously entered into a civil partnership), or
(b)
enters into a civil partnership (and where O has not previously married),
O will pay a contribution in respect of the benefits that may become payable to O’s surviving spouse or surviving civil partner by virtue of articles 7 and 9.”, and
(b)
“(3)
The contribution referred to in paragraph (1) above shall be equal to 1 7/8 per cent of O’s final salary multiplied by the number of whole years of relevant service of O’s prior to the Principal Appointed Day which were—
(a)
completed by O before O attained pensionable age, and
(b)
not years—
(i)
during any part of which O was married or in a civil partnership, or
(ii)
preceding a marriage of O’s contracted, or a civil partnership of O’s entered into, before O ceased to hold office.”.
(8)
“Marriage or entry into a civil partnership shortly before death13.
Where an office-holder (“O”) marries or enters into a civil partnership after O has ceased to hold office, and not more than six months before O’s death, any pension paid to O’s surviving spouse or surviving civil partner by virtue of this Order shall be limited to the guaranteed minimum pension due to that person.”.
Child Support (Maintenance Assessments and Special Cases) Regulations 1992
14.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Child Support (Collection and Enforcement) Regulations 1992
15.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Jobseeker’s Allowance Regulations 1996
16.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Occupational Pension Schemes (Contracting-out) Regulations 1996
17.
(1)
(2)
(3)
(a)
“(iii)
lives together as a married couple with another person whom he or she is not married to or in a civil partnership with,”,
(b)
in paragraph (1)(c), for paragraphs (i) and (ii) substitute “living together as a married couple with another person whom he or she is not married to or in a civil partnership with.”, and
(c)
“(2)
The following provisions do not apply where the scheme member died before 5th December 2005—
(a)
paragraph (1)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex,
(b)
paragraph (1)(b)(ii), and
(c)
paragraphs (1)(b)(iii) and (1)(c) so far as they relate to the living together of two people of the same sex.”.
(4)
(a)
in the heading—
(i)
after “Circumstances” insert “for the purposes of section 17(6) of the 1993 Act”, and
(ii)
after “widower’s” insert “, widow’s”,
(b)
in the opening words, after “widower’s” insert “, widow’s”, and
(c)
in paragraphs (a), (b) and (c), after “widower” in each place it occurs, insert “, widow”.
(5)
(a)
in the heading—
(i)
after “Period” insert “for the purposes of section 17(6) of the 1993 Act”, and
(ii)
after “widower’s” insert “, widow’s”,
(b)
in paragraph (1)(a) and (c), after “widower’s” insert “, widow’s”,
(c)
in paragraph (2)(a), after “widower’s” insert “or widow’s”,
(d)
in paragraph (2)(b), after “widower” insert “or widow”,
(e)
in paragraph (2)(c)—
(i)
after “widower” insert “, widow”, and
(ii)
for paragraphs (i) and (ii) substitute “he or she and another person are living together as a married couple;”,
(f)
in paragraph (2)(d)—
(i)
after “widower” insert “or widow”,
(ii)
for “he attained” substitute “he or she attained”, and
(iii)
for paragraphs (i) and (ii) substitute “he or she and another person whom he or she was not married to, or in a civil partnership with, were living together as a married couple; or”,
(g)
in paragraph (2)(e), for paragraphs (i) and (ii) substitute “he or she and another person whom he or she was not married to, or in a civil partnership with, were living together as a married couple.”, and
(h)
“(3)
The following provisions do not apply where a man became a widower before 5th December 2005—
(a)
paragraph (2)(a) so far as it relates to a marriage or remarriage involving two people of the same sex,
(b)
paragraph (2)(b), and
(c)
paragraphs (2)(c) and (2)(d) so far as they relate to the living together of two people of the same sex.”.
(6)
(a)
in the heading, for “widowers” substitute “widowers, widows of female earners”, and
(b)
“so entitled—
(a)
by virtue of being a widower of an earner only in the case where the earner and the widower were both over pensionable age when the earner died,
(b)
by virtue of being a widow of a female earner only in the case where the earner and the widow were both over pensionable age when the earner died, or
(c)
by virtue of being the surviving civil partner of an earner only in the case where the earner and the surviving civil partner were both over pensionable age when the earner died.”.
(7)
(a)
in paragraph (2)(b)(ii), for “such a widower” substitute “in a case where section 17(6) of the 1993 Act applies, such a widower’s, widow’s”,
(b)
in paragraph (3)(b)(i), for sub-paragraphs (aa) and (bb) (but not the “nor” following sub-paragraph (bb)) substitute “another person are living together as a married couple,”, and
(c)
“(4)
The following provisions do not apply where the earner died before 5th December 2005—
(a)
paragraph (3)(b)(i) so far as it relates to the living together of two people of the same sex,
(b)
paragraph (3)(b)(ii)(aa) so far as it relates to a marriage involving two people of the same sex, and
(c)
paragraph (3)(b)(ii)(bb).”.
Contracting-out (Transfer and Transfer Payment) Regulations 1996
18.
(1)
(2)
In paragraph 1, in the substituted definition of “guaranteed minimum pension”—
(a)
for “or widower’s” substitute “, widower’s or surviving same sex spouse’s”, and
(b)
for “guaranteed minimum,” substitute “or surviving civil partner’s guaranteed minimum,”.
(3)
In paragraph 6, in the substituted definition of “guaranteed minimum pension”—
(a)
for “or widower’s” substitute “, widower’s or surviving same sex spouse’s”, and
(b)
for “guaranteed minimum,” substitute “or surviving civil partner’s guaranteed minimum,”.
Occupational Pension Schemes (Scheme Administration) Regulations 1996
19.
Social Security Benefit (Computation of Earnings) Regulations 1996
20.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Housing Renewal Grants Regulations 1996
21.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Social Security (Child Maintenance Bonus) Regulations 1996
22.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997
F123.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Occupational Pension Schemes (Discharge of Liability) Regulations 1997
24.
(1)
(2)
In regulation 1 (citation, commencement and interpretation), omit paragraph (1A).
(3)
In regulation 11 (conditions on which liability to provide pensions under a relevant scheme may be discharged)—
(a)
in paragraph (4)(b)—
(i)
“(iii)
lives together as a married couple with another person whom he or she is not married to or in a civil partnership with; or”, and
(ii)
in paragraph (v), for sub-paragraphs (a) and (b) substitute “is living together as a married couple with another person whom he or she is not married to or in a civil partnership with.”, and
(b)
“(7)
The following provisions do not apply where the beneficiary died before 5th December 2005—
(a)
paragraph (4)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex,
(b)
paragraph (4)(b)(ii), and
(c)
paragraphs (iii) and (v) of paragraph (4)(b) so far as they relate to the living together of two people of the same sex.”.
Working Time Regulations 1998
25.
Social Security and Child Support (Decisions and Appeals) Regulations 1999
26.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Registration of Marriages (Welsh Language) Regulations 1999
27.
(1)
(2)
In forms 1A, 1C and 1D—
(i)
after “widower/widow” in both places they occur, insert “/surviving civil partner”, and
(ii)
after “ŵr gweddw/wraig weddw”, in both places they occur, insert “/bartner sifil goroesol”.
(3)
In forms 3A and 3B—
(a)
after “name and surname” in the first place it occurs, omit “of man”,
(b)
after “enw a chyfenw” in the first place it occurs, omit “’r gŵr”,
(c)
after “name and surname” in the second place it occurs, omit “of woman”, and
(d)
after “enw a chyfenw” in the second place it occurs, omit “’r wraig”.
(4)
In form 5—
(a)
after “Name and surname” in the first place it occurs, omit “of man”,
(b)
after “Enw a chyfenw” in the first place it occurs, omit “’r dyn”,
(c)
after “Name and surname” in the second place it occurs, omit “of woman”, and
(d)
after “Enw a chyfenw” in the second place it occurs, omit “’r ferch”.
Social Fund Winter Fuel Payment Regulations 2000
F228.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child Support (Maintenance Calculations and Special Cases) Regulations 2000
29.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
30.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Open-Ended Investment Companies Regulations 2001
31.
“(iii)
in the case of a married person, the name by which that person was known previous to the marriage; and”.
State Pension Credit Regulations 2002
32.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Education (Mandatory Awards) Regulations 2003
33.
Armed Forces Pension Scheme Order 2005
34.
“(b)
the person and the member were not prevented from—
(i)
marrying, or prior to the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force would not have been so prevented apart from both being of the same sex, or
(ii)
forming a civil partnership, or would not have been so prevented apart from being of the opposite sex to each other, and”.
Pension Protection Fund (Compensation) Regulations 2005
35.
““relevant partner” means a person who was not married to, or in a civil partnership with, the member but who was living with the member as if that person and the member were a married couple;”.
Financial Assistance Scheme Regulations 2005
36.
““partner” means a person who was not married to, or in a civil partnership with, the qualifying member but who was living with that member as if that person and the qualifying member were a married couple;”.
Social Fund Maternity and Funeral Expenses (General) Regulations 2005
37.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Civil Partnership (Registration Provisions) Regulations 2005
38.
(1)
(2)
In forms 2, 4 and 5—
(a)
before “surviving civil partner” in both places it occurs, insert “*”, and
(b)
after “surviving civil partner” in both places it occurs, insert “/widower/widow”.
(3)
In forms 2(w), 4(w) and 5(w)—
(a)
before “surviving civil partner” in both places it occurs, insert “*”,
(b)
after “surviving civil partner” in both places it occurs, insert “/widower/widow”,
(c)
before “bartner sifil goroesol” in both places it occurs, insert “*”, and
(d)
after “bartner sifil goroesol” in both places it occurs, insert “/ŵr gweddw/wraig weddw”.
Reserve Forces Pension Scheme Regulations 2005
39.
“(b)
the person and the member were not prevented from—
(i)
marrying, or prior to the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force would not have been so prevented apart from both being of the same sex, or
(ii)
forming a civil partnership, or would not have been so prevented apart from being of the opposite sex to each other, and”.
Housing Benefit Regulations 2006
40.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
41.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006
42.
““relevant partner” means a person who is not married to, or in a civil partnership with, the member but who is living with the member as if that person and the member were a married couple;”.
Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006
43.
(a)
in paragraph (a) of the definition of “dependant living as a spouse”—
(i)
omit “of the opposite sex”, and
(ii)
after “who is not married to,” insert “or in a civil partnership with,”, and
(b)
in the definition of “dependant living as a civil partner”, after “who has not” insert “married or”.
Occupational Pension Schemes (Modification of Schemes) Regulations 2006
44.
(1)
(2)
In regulation 3 (non-application of the subsisting rights provisions)—
(a)
omit “or” after paragraph (h),
(b)
at the end of paragraph (i) insert “or”, and
(c)
“(j)
which provides in relation to all or part of a member’s subsisting rights that after the member’s death—
(i)
a surviving same sex spouse is treated in the same way as a woman whose deceased spouse was a man, or a man whose deceased spouse was a woman, and
(ii)
the rights of any other survivor of the member are determined as if the surviving same sex spouse were a woman whose deceased spouse was a man, or a man whose deceased spouse was a woman.”.
(3)
“Modification of schemes: surviving same sex spouses7ZA.
(1)
Subject to paragraph (2), the trustees of a trust scheme may by resolution modify the scheme in relation to all or part of a member’s subsisting rights so that after the member’s death—
(a)
a surviving same sex spouse is treated in the same way as a woman whose deceased spouse was a man, or a man whose deceased spouse was a woman, and
(b)
the rights of any other survivor are determined as if the surviving same sex spouse were a woman whose deceased spouse was a man, or a man whose deceased spouse was a woman.
(2)
A modification under paragraph (1) which confers rights on surviving same sex spouses which are in excess of what is required to comply with the relevant requirements of the Marriage (Same Sex Couples) Act 2013 shall not be made unless—
(a)
the employer in relation to the scheme consents; or
(b)
in the case of a scheme where there is more than one employer—
(i)
a person nominated by the employers, or otherwise in accordance with the scheme rules, to act as the employers’ representative (the “nominee”) consents; or
(ii)
where there is no such nominee, all of the employers in relation to the scheme consent other than any employer who has waived his right to give such consent.”.
Employment and Support Allowance Regulations 2008
45.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010
46.
“(c)
the person and the deceased were not prevented from—
(i)
marrying, or prior to the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force would not have been so prevented apart from both being of the same sex, or
(ii)
forming a civil partnership, or would not have been so prevented apart from being of the opposite sex to each other; and”.
Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010
47.
(1)
(2)
“(c)
had that person been the member’s surviving spouse or the member’s surviving civil partner, one of conditions A to C would be met,”.
(3)
“(3)
This paragraph applies while the surviving spouse or civil partner and another person are living together as if they are a married couple.”.
(4)
In rule E.30(4) (death attributable to service), for “widow’s pension” in each place it occurs, substitute “surviving spouse’s or civil partner’s pension”.
48.
(1)
Part C of Schedule 2 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (benefits payable to surviving adult dependants) is amended as follows.
(2)
“(b)
the person and the deceased were living together as a married couple and the person and the deceased were not prevented from marrying or, prior to the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force would not have been so prevented apart from both being of the same sex, or
(c)
the person and the deceased were living together as civil partners and were not prevented from forming a civil partnership, or would not have been so prevented, apart from being of the opposite sex to each other, and”.
(3)
In the heading to rule C.4 (persons regarded as living together) and in paragraph (1) of that rule, for “husband and wife” substitute “a married couple”.
(4)
In rule C.12 (level of compensation for post service marriages and civil partnerships), for “husband and wife” substitute “a married couple”.
(5)
In rule C.19 (restoration of long term compensation to surviving adult dependant)—
(a)
in paragraph (2), for “widow or widower” in both places it occurs, substitute “spouse”, and
(b)
“(7)
Where no long term compensation has been payable to a surviving spouse by virtue of the operation of paragraph (1)(b) to (e) because of that surviving spouse having lived with another person as if they were a married couple, the long term compensation will be restored where the Defence Council is satisfied that the surviving spouse has ceased to live with that other person as if they were a married couple.”.
Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010
49.
(1)
(2)
“(c)
had that person been the member’s surviving spouse or the member’s surviving civil partner, one of conditions A to C would be met,”.
(3)
“(3)
This paragraph applies while the surviving spouse or civil partner and another person are living together as if they are a married couple.”.
(4)
In rule E.30(4) (death attributable to service), for “widow’s pension” in each place it occurs, substitute “surviving spouse’s or civil partner’s pension”.
50.
(1)
Part C of Schedule 2 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (benefits payable to surviving adult dependants) is amended as follows.
(2)
“(b)
the person and the deceased were living together as a married couple and were not prevented from marrying or, prior to the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force would not have been so prevented, apart from both being of the same sex, or
(c)
the person and the deceased were living together as civil partners and were not prevented from forming a civil partnership, or would not have been so prevented, apart from being of the opposite sex to each other, and”.
(3)
In the heading to rule C.4 (persons regarded as living together) and in paragraph (1) of that rule, for “husband and wife” substitute “a married couple”.
(4)
In rule C.12 (level of compensation for post service marriages and civil partnerships), for “husband and wife” substitute “a married couple”.
(5)
In rule C.19 (restoration of long term compensation to surviving adult dependant)—
(a)
in paragraph (2), for “widow or widower” in both places it occurs, substitute “spouse”, and
(b)
“(7)
Where no long term compensation has been payable to a surviving spouse by virtue of the operation of paragraph (1)(b) to (e) because of that surviving spouse having lived with another person as if they were a married couple, the long term compensation will be restored where the Defence Council is satisfied that the surviving spouse has ceased to live with that other person as if they were a married couple.”.
Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010
51.
(1)
(2)
“(c)
had that person been the member’s surviving spouse or the member’s surviving civil partner, one of conditions A to C would be met,”.
(3)
“(3)
This paragraph applies while the surviving spouse or civil partner and another person are living together as if they are a married couple.”.
(4)
In rule E.30(4) (death attributable to service), for “widow’s pension” in each place it occurs, substitute “surviving spouse’s or civil partner’s pension”.
52.
(1)
Part C of Schedule 2 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (benefits payable to surviving adult dependants) is amended as follows.
(2)
“(b)
the person and the deceased were living together as a married couple and were not prevented from marrying or, prior to the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force would not have been so prevented, apart from both being of the same sex, or
(c)
the person and the deceased were living together as civil partners and were not prevented from forming a civil partnership, or would not have been so prevented, apart from being of the opposite sex to each other, and”.
(3)
In the heading to rule C.4 (persons regarded as living together), and in paragraph (1) of that rule, for “husband and wife” substitute “a married couple”.
(4)
In rule C.12 (level of compensation for post service marriages and civil partnerships), for “husband and wife” substitute “a married couple”.
(5)
In rule C.19 (restoration of long term compensation to surviving adult dependant)—
(a)
in paragraph (2), for “widow or widower” in both places it occurs, substitute “spouse”, and
(b)
“(7)
Where no long term compensation has been payable to a surviving spouse by virtue of the operation of paragraph (1)(b) to (e) because of that surviving spouse having lived with another person as if they were a married couple, the long term compensation will be restored where the Defence Council is satisfied that the surviving spouse has ceased to live with that other person as if they were a married couple.”.
Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011
53.
“(4)
This paragraph applies while the surviving spouse or civil partner and another person are living together as if they were married.”.
Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012
54.
“Meaning of “couple”4.
In these Regulations, “couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple.”.
Employment and Support Allowance Regulations 2013
55.
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple;”.
Pensions Increase (Review) Orders 1991 to 2009 and 2011 to 2013
56.
In each of—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
for article 6 (reductions in respect of guaranteed minimum pensions) substitute—
“6.
The amount by reference to which any increase in the rate of a surviving spouse’s or surviving civil partner’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse or deceased civil partner to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.”.
SCHEDULE 2Consequential Amendments to Welsh Subordinate Legislation
Council Tax (Prescribed Classes of Dwellings) (Wales) Regulations 1998
1.
Care Homes (Wales) Regulations 2002
2.
(1)
(2)
In the Welsh text, in regulation 2(1) of the Care Homes (Wales) Regulations 2002 (dehongli), in the definition of “perthynas” (“relative”), for “ŵr a gwraig” substitute “gwpl priod”.
Registration of Social Care and Independent Health Care (Wales) Regulations 2002
3.
Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004
4.
(1)
(a)
at the end of paragraph (i) insert “or”, and
(b)
“(ii)
a person living with that person as if they were a married couple;”.
(2)
In the Welsh text, in regulation 8(4)(b) of the Leasehold Valuation Tribunals (Fees) Wales Regulations 2004 (hepgor a lleihau ffioedd)—
(a)
at the end of paragraph (i) insert “neu”, and
(b)
“(ii)
person sy’n byw gyda’r person hwnnw fel petaent yn gwpl priod;”.
Service Charges (Consultation Requirements) (Wales) Regulations 2004
5.
(1)
(2)
In the Welsh text, in regulation 2 of the Service Charges (Consultation Requirements) (Wales) Regulations 2004 (dehongli), for the definition of “un sy’n cyd-fyw”(“cohabitee”) substitute “ystyr “un sy’n cyd-fyw” (“cohabitee”) mewn perthynas â pherson, yw person sy’n byw gyda’r person hwnnw fel pe baent yn gwpl priod;”.
Adult Placement Schemes (Wales) Regulations 2004
6.
(1)
(2)
In the Welsh text, in regulation 2(1) of the Adult Placement Schemes (Wales) Regulations 2004 (dehongli), in the definition of “perthynas” (“relative”), for “ŵr a gwraig” substitute “gwpl priod”.
Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006
7.
(1)
“(b)
“couple” (“cwpl”) means two people who are married to, or civil partners of, each other or who live together as if they are a married couple;”.
(2)
“(b)
ystyr “cwpl” (“couple”) yw dau berson sy’n briod â’i gilydd neu sy’n bartneriaid sifil i’w gilydd neu sy’n byw gyda’i gilydd fel pe baent yn gwpl priod;”.
Child Minding and Day Care (Wales) Regulations 2010
8.
(1)
(2)
In the Welsh text, in Part 2 of Schedule 2 to the Child Minding and Day Care (Wales) Regulations 2010 (gwybodaeth a dogfennau sy’n ofynnol ar gyfer cofrestru: darparydd gofal dydd), in the definition of “perthynas” (“relative”) in paragraph 21, for “fel gŵr neu wraig” substitute “fel pe baent yn gwpl priod”.
Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012
F39.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Order makes amendments to subordinate legislation as a consequence of the coming into force of the majority of the provisions of the Marriage (Same Sex Couples) Act 2013 (c. 30) (“the Act”). The Order also makes consequential amendments to subordinate legislation which should have been made as part of the implementation of the Civil Partnership Act 2004 (c. 33). The Order corrects these omissions. The Order comes into force on 13th March 2014. A separate Order (the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014) making consequential amendments to primary legislation, as well as other provision, is also coming into force on the same day as this Order.
Schedule 1 makes amendments to subordinate legislation. Apart from the amendments made by paragraphs 18(2)(b) and (3)(b) and 19, the amendments only extend to England and Wales. The amendments made by the above mentioned paragraphs also extend to Scotland. Schedule 2 makes amendments to secondary legislation applying in Wales only.
Paragraph 1 of Schedule 1 amends article 20 of the London Cab Order 1934 (S.I. 1934/1346) to ensure that it applies as appropriate to all surviving spouses. Due to the statutory gloss contained in section 11(1) and (2) of, and Schedule 3 to, the Act, any reference to a married person in legislation is to be read as including a reference to someone married to a person of the same sex but does not affect gender-specific drafting applying to opposite sex couples. Paragraph 1(c) omits the provision in article 20 enabling a married woman to transfer her Hackney Carriage Licence to her husband.
Paragraph 2 makes a consequential amendment to the Marriage (Authorised Persons) Regulations 1952 (S.I. 1952/1869) to recognise that marriages can now take place between two people of the same sex. Other enactments concerned with registration are amended by paragraphs 7, 8, 11, 27 and 38. These are updated to recognise that same sex couples may now marry and to recognise that the parents of a child who are both of the same sex may now be married or in a civil partnership. The amendment made by paragraph 8(2) and (3) follows on from amendments made in the Act.
Paragraph 3 amends the Probation (Compensation) Regulations 1965 (S.I. 1965/620) to ensure it applies as appropriate to all surviving spouses. Similar amendments are made in paragraphs 4, 12, 13, 47(4), 49(4) and 51(4). Some legislative provisions reflect the historical position up to now that only opposite sex couples can marry. The amendments made by paragraphs 6, 9, 10, 14 to 16, 17(2), (3), (5)(e)(ii), (f)(iii), (g) and (h), and (7)(b) and (c), 20 to 24, 26, 28 to 33, 35 to 37, 40 to 43, 45, 47(2) and (3), 48(3) to (5), 49(2) and (3), 50(3) to (5), 51(2) and (3), 52(3) to (5), and 53 to 55 amend various provisions so that it is clear on the face of those enactments that same sex couples can marry or, if they are living together, can now be treated as if they are married.
Various provisions which refer to cohabiting couples who have chosen not to marry or enter into a civil partnership are amended. These amendments are found in paragraphs 34, 39, 46, 48(2), 50(2) and 52(2).
The amendments at paragraphs 5, 19 and 25 insert references to civil partners into the Merchant Shipping (Maintenance of Seamen’s Dependants) Regulations 1972 (S.I. 1972/1635), the Occupational Pension Schemes (Scheme Administration) Regulations 1996 (S.I. 1996/1715) and the Working Time Regulations 1998 (S.I. 1998/1833). References to civil partners are also inserted by paragraphs 3, 4, 12, 13, 18(2)(b) and (3)(b), 47(4), 49(4), 51(4) and 56.
The Act provides that in certain cases same sex married couples are not to be treated in exactly the same way as opposite sex married couples. The amendments made by paragraphs 17(4), (5)(a) to (d), (e)(i), and (f)(i) and (ii), (6) and (7)(a), and 18(2)(a) and (3)(a) have this effect. Paragraph 44 ensures provision about same sex married couples is made in the Occupational Pension Schemes (Modification of Schemes) Regulations 2006 (S.I. 2006/759). Paragraph 56 makes amendments to ensure that increases in the annual rate of the pensions of survivors of same sex spouses in public service pension schemes are correctly calculated.
Schedule 2 makes similar amendments to statutory instruments which only apply to Wales. These make amendments to provisions referring to persons living together to reflect the fact that same sex couples can now marry, and the amendment made by paragraph 7 also inserts a reference to civil partners in article 2 of the Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006 (S.I. 2006/2824 (W. 247)).
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.