39. In Part E of Schedule 1 to the Reserve Forces Pension Scheme Regulations 2005(1), for paragraph E.2(3)(b) (other adult dependants’ pensions ) substitute—
“(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”.
These Regulations are not statutory instruments. These Regulations were amended by the Reserve Forces Pension Scheme Amendment Regulations 2006, the Reserve Forces Pension Scheme (Amendment) Regulations 2009 and the Reserve Forces Pension Scheme 2005 (Amendment) Regulations 2012. These instruments can be found at www.gov.uk/government/publications/reserve-forces-pension-scheme-regulations. Hard copies can be obtained from CDP-Remuneration, Armed Forces Pensions, Level 6 Zone M, Ministry of Defence, Main Building, London SW1A 2HB.