SCHEDULE 1Consequential Amendments to Subordinate Legislation
London Cab Order 19341
In article 20 of the London Cab Order 19343 (transfer of cab licences on death, etc.)—
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 19522
1
The Marriage (Authorised Persons) Regulations 19524 are amended as follows.
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
In regulation 165 (details of age), for “of the man in completed years followed by the age of the woman in completed years” substitute “in completed years of each of the parties to the marriage”.
6
In regulation 176 (details of condition), in the opening words, for “the man followed by the marital condition of the woman” substitute “each of the parties to the marriage”.
7
In regulation 18 (details of rank or profession), for “the man” to the end substitute “each of the parties to the marriage.”.
8
In regulation 197 (details of residence), for “the man” to the end substitute “each of the parties to the marriage at the time of the marriage.”.
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 19653
1
The Probation (Compensation) Regulations 19658 are amended as follows.
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 19714
1
The Courts (Compensation to Officers) Regulations 19719 are amended as follows.
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
for paragraph (2) substitute—
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 19725
In the Merchant Shipping (Maintenance of Seamen’s Dependants) Regulations 197210, in regulation 4(a) (expenses in respect of which a retention notice may be served), after “spouse” insert “, civil partner”.
Social Security Benefit (Dependency) Regulations 19776
In paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations 197711 (interpretation), for the definition of “couple” substitute—
“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 19797
In regulation 11 of the Merchant Shipping (Returns of Births and Deaths) Regulations 197912 (rules for ascertaining appropriate Registrar General)—
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
for paragraph (2)(b) substitute—
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 19868
1
The Registration of Marriage Regulations 198613 are amended as follows.
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
In regulation 1214 (entry of attestation), in paragraph (d), after “section 26(1)(dd)” insert “or section 26B(6)”.
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
in form 818—
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 19879
In regulation 2(1) of the Income Support (General) Regulations 198719 (interpretation), for the definition of “couple” substitute—
“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 198710
In regulation 2(1) of the Social Security (Claims and Payments) Regulations 198720 (interpretation), for the definition of “couple” substitute—
“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 198711
1
The Registration of Births and Deaths Regulations 198721 are amended as follows.
2
In regulation 9 (entry of particulars on registration), for paragraph (7) substitute—
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 198812
In article 9 of the Judicial Pensions (Preservation of Benefits) Order 198822 (inalienability), for “widow” substitute “surviving spouse, surviving civil partner”.
Judicial Pensions (Requisite Benefits) Order 198813
1
The Judicial Pensions (Requisite Benefits) Order 198823 is amended as follows.
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
for paragraph (1) substitute—
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.
b
for paragraph (3) substitute—
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
For article 13 (marriage shortly before death), substitute—
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 199214
In regulation 1(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 199224 (interpretation), for the definition of “couple” substitute—
“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 199215
In regulation 3(9) of the Child Support (Collection and Enforcement) Regulations 199225 (methods of payment), for the definition of “couple” substitute—
“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 199616
In regulation 1(3) of the Jobseeker’s Allowance Regulations 199626 (interpretation), for the definition of “couple” substitute—
“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 199617
1
The Occupational Pension Schemes (Contracting-out) Regulations 199627 are amended as follows.
2
In regulation 1 (citation, commencement and interpretation), omit paragraph (1A)28.
3
In regulation 2629 (reference scheme: circumstances in which widows’, widowers’ or surviving civil partners’ pensions need not be payable)—
a
in paragraph (1)(b), after paragraph (ii) insert “or” and for paragraphs (iii) and (iv) substitute—
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
for paragraph (2) substitute—
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
In regulation 5730 (circumstances in which widower’s or surviving civil partner’s guaranteed minimum pension is to be payable)—
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
In regulation 5831 (period for which widower’s or surviving civil partner’s guaranteed minimum pension is to be payable)—
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
for paragraph (3) substitute—
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
In regulation 5932 (statutory references to persons entitled to guaranteed minimum pensions: application to widowers and surviving civil partners)—
a
in the heading, for “widowers” substitute “widowers, widows of female earners”, and
b
for the words from “so entitled” to the end substitute—
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
In regulation 69B33 (conversion of guaranteed minimum pensions into other benefits: survivors’ benefits)—
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
for paragraph (4) substitute—
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 199618
1
Schedule 2 to the Contracting-out (Transfer and Transfer Payment) Regulations 199634 (modifications of Part 3 of the 1993 Act) is amended as follows.
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 199619
In regulation 7(d) of the Occupational Pension Schemes (Scheme Administration) Regulations 199635 (ineligibility to act as actuary or auditor), for “or wife” substitute “, wife or civil partner”.
Social Security Benefit (Computation of Earnings) Regulations 199620
In regulation 2(1) of the Social Security Benefit (Computation of Earnings) Regulations 199636 (interpretation), for the definition of “couple” substitute—
“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 199621
In regulation 2(1) of the Housing Renewal Grants Regulations 199637 (interpretation), for the definition of “couple” substitute—
“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 199622
In regulation 1(2) of the Social Security (Child Maintenance Bonus) Regulations 199638 (interpretation), for the definition of “couple” substitute—
“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 199723
In regulation 16 of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 199739 (duration of compensation on death)—
a
in paragraph (4), for “husband and wife” in both places it occurs, substitute “a married couple”, and
b
omit paragraph (6).
Occupational Pension Schemes (Discharge of Liability) Regulations 199724
1
The Occupational Pension Schemes (Discharge of Liability) Regulations 199740 are amended as follows.
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
for paragraphs (iii) and (iv) substitute—
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
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
for paragraph (7) substitute—
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 199825
In Schedule 3 (enforcement) to the Working Time Regulations 199841, in paragraph 2(3), for “husband or wife” substitute “spouse or civil partner”.
Social Security and Child Support (Decisions and Appeals) Regulations 199926
In regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 199942 (interpretation), for the definition of “couple” substitute—
“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 199927
1
Schedule 1 (prescribed forms) to the Registration of Marriages (Welsh Language) Regulations 199943 is amended as follows.
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 200028
In regulation 1(2) of the Social Fund Winter Fuel Payment Regulations 200044 (interpretation), for the definition of “couple” substitute—
“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 (Maintenance Calculations and Special Cases) Regulations 200029
In regulation 1(2) of the Child Support (Maintenance Calculations and Special Cases) Regulations 200045 (interpretation), for the definition of “couple” substitute—
“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 200130
In regulation 1(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 200146 (interpretation), for the definition of “couple” substitute—
“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 200131
In regulation 13 of the Open-Ended Investment Companies Regulations 200147 (particulars of directors), for paragraph (4)(b)(iii) substitute—
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 200232
In regulation 1(2) of the State Pension Credit Regulations 200248 (interpretation), for the definition of “couple” substitute—
“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 200333
In Schedule 3 to the Education (Mandatory Awards) Regulations 200349 (resources), in the opening words of paragraph 7, for “male” to the end of the opening words substitute “student ordinarily living with that student’s spouse except”.
Armed Forces Pension Scheme Order 200534
In Part E of Schedule 1 to the Armed Forces Pension Scheme Order 200550 (death benefits), for rule E.2(3)(b) 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
Pension Protection Fund (Compensation) Regulations 200535
In regulation 1(2) of the Pension Protection Fund (Compensation) Regulations 200551 (interpretation), for the definition of “relevant partner” substitute—
“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 200536
In regulation 2(1) of the Financial Assistance Scheme Regulations 200552 (interpretation), for the definition of “partner” substitute—
“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 200537
In regulation 3(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations 200553 (interpretation), for the definition of “couple” substitute—
“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 200538
1
Schedule 2 to the Civil Partnership (Registration Provisions) Regulations 200554 (forms) is amended as follows.
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 200539
In Part E of Schedule 1 to the Reserve Forces Pension Scheme Regulations 200555, 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
Housing Benefit Regulations 200640
In regulation 2(1) of the Housing Benefit Regulations 200656 (interpretation), for the definition of “couple” substitute—
“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 200641
In regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200657 (interpretation), for the definition of “couple” substitute—
“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 200642
In regulation 1(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 200658 (interpretation), for the definition of “relevant partner” substitute—
“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 200643
In Part 2 of Schedule 6 to the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 200659 (interpretation)—
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 200644
1
The Occupational Pension Schemes (Modification of Schemes) Regulations 200660 are amended as follows.
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
after paragraph (i) insert—
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
After regulation 7 insert—
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 200845
In regulation 2(1) of the Employment and Support Allowance Regulations 200861 (interpretation), for the definition of “couple” substitute—
“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 201046
In the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 201062, in article 23 (surviving eligible partner), for paragraph (c) substitute—
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
Part E of Schedule 1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 201063 (death benefits) is amended as follows.
2
In rule E.1(13) (surviving spouse’s or civil partner’s pensions), for sub-paragraph (c) substitute—
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
In rule E.9 (suspension of pension on marriage etc.), for paragraph (3) substitute—
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
In rule C.3 (meaning of “surviving eligible partner”), for paragraphs (b) and (c) substitute—
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
for paragraph (7) substitute—
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
Part E of Schedule 1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 201064 (death benefits) is amended as follows.
2
In rule E.1(13) (surviving spouse’s or civil partner’s pensions), for sub-paragraph (c) substitute—
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
In rule E.9 (suspension of pension on marriage etc.), for paragraph (3) substitute—
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
In rule C.3 (meaning of “surviving eligible partner”), for paragraphs (b) and (c) substitute—
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
for paragraph (7), substitute—
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
Part E of Schedule 1 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 201065 (death benefits) is amended as follows.
2
In rule E.1(13) (surviving spouse’s or civil partner’s pensions), for sub-paragraph (c) substitute—
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
In rule E.9 (suspension of pension on marriage etc.), for paragraph (3) substitute—
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
In rule C.3 (meaning of “surviving eligible partner”), for paragraphs (b) and (c) substitute—
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
for paragraph (7), substitute—
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 201153
In Schedule 1 to the Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 201166 (non regular permanent staff pension scheme), in paragraph D.8 (suspension and restoration of pensions), for paragraph (4) substitute—
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 201254
In the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 201267, for regulation 4 (meaning of “couple”) substitute—
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 201355
In regulation 2 of the Employment and Support Allowance Regulations 201368 (interpretation), for the definition of “couple” substitute—
“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 201356
In each of—
a
the Pensions Increase (Review) Order 199169,
b
the Pensions Increase (Review) Order 199270,
c
the Pensions Increase (Review) Order 199371,
d
the Pensions Increase (Review) Order 199472,
e
the Pensions Increase (Review) Order 199573,
f
the Pensions Increase (Review) Order 199674,
g
the Pensions Increase (Review) Order 199775,
h
the Pensions Increase (Review) Order 199876,
i
the Pensions Increase (Review) Order 199977,
j
the Pensions Increase (Review) Order 200078,
k
the Pensions Increase (Review) Order 200179,
l
the Pensions Increase (Review) Order 200280,
m
the Pensions Increase (Review) Order 200381,
n
the Pensions Increase (Review) Order 200482,
o
the Pensions Increase (Review) Order 200583,
p
the Pensions Increase (Review) Order 200684,
q
the Pensions Increase (Review) Order 200785,
r
the Pensions Increase (Review) Order 200886,
s
the Pensions Increase (Review) Order 200987,
t
the Pensions Increase (Review) Order 201188,
u
the Pensions Increase (Review) Order 201289, and
v
the Pensions Increase (Review) Order 201390,
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 19981
In paragraph 3 of the Schedule to the Council Tax (Prescribed Classes of Dwellings) (Wales) Regulations 199891 (job-related dwellings), for “references to the spouse of a person” to “wife” substitute “references to the spouse of a person shall be taken to include references to a person who is living with the other as if they were that person’s spouse”.
Care Homes (Wales) Regulations 20022
1
In regulation 2(1) of the Care Homes (Wales) Regulations 200292 (interpretation), in the definition of “relative”, for “husband and wife” substitute “a married couple”.
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 20023
In regulation 2(1) of the Registration of Social Care and Independent Health Care (Wales) Regulations 200293 (interpretation), in the definition of “relative”, for “husband or wife” substitute “a married couple”.
Leasehold Valuation Tribunals (Fees) (Wales) Regulations 20044
1
In regulation 8(4)(b) of the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 200494 (waiver and reduction of fees)—
a
at the end of paragraph (i) insert “or”, and
b
for paragraphs (ii) and (iii) substitute—
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
for paragraphs (ii) and (iii) substitute—
ii
person sy’n byw gyda’r person hwnnw fel petaent yn gwpl priod;
Service Charges (Consultation Requirements) (Wales) Regulations 20045
1
In regulation 2 of the Service Charges (Consultation Requirements) (Wales) Regulations 200495 (interpretation), for the definition of “cohabitee” substitute “cohabitee (“un sy’n cyd-fyw”) in relation to a person, means a person living with that person as if they were a married couple;”.
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 20046
1
In regulation 2(1) of the Adult Placement Schemes (Wales) Regulations 200496 (interpretation), in the definition of “relative”, for “husband and wife” substitute “a married couple”.
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 20067
1
In article 2 of the Selective Licensing of Houses (Specified Exemptions) (Wales) Order 200697 (exempt tenancies or licences), for paragraph (2)(b) substitute—
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
In the Welsh text, in article 2 of the Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006 (tenantiaethau esempt neu drwyddedau esempt), for paragraph (2)(b) substitute—
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 20108
1
In Part 2 of Schedule 2 to the Child Minding and Day Care (Wales) Regulations 201098 (information and documentation required for registration: provider of day care), in the definition of “relative” in paragraph 21, for “as husband or wife” substitute “as if they were a married couple”.
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 20129
1
In regulation 49 of the Residential Property Tribunal Procedures and Fees (Wales) Regulations 201299 (liability to pay fee and waiver of fees), for paragraph (5) substitute—
5
In paragraph (4), “couple” (“cwpl”) means—
a
two people who are either married to, or civil partners of, each other and who are members of the same household; or
b
two people who are living together as if they are a married couple.
2
In the Welsh text, in regulation 49 of the Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012 (atebolrwydd i dalu ffi a hepgor ffioedd), for paragraph (5) substitute—
5
Ym mharagraff (4), ystyr “cwpl” (“couple”) yw—
a
dau berson sy’n briod â’i gilydd, neu sy’n bartneriaid sifil i’w gilydd, ac yn aelodau o’r un aelwyd; neu
b
dau berson sy’n byw gyda’i gilydd fel pe baent yn gwpl priod.