2014 No. 3061
The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014
Made
Laid before Parliament
Coming into force in accordance with article 1(2) and (3)
This Order is made in exercise of the powers conferred by section 17(2) and (3) of the Marriage (Same Sex Couples) Act 20131, by section 259(1) and (4) of the Civil Partnership Act 20042 and by sections 104, 112(1) and 113(2) to (5) of the Scotland Act 19983.
In accordance with section 18(11)(a) of the Marriage (Same Sex Couples) Act 2013, the Secretary of State has obtained the consent of the Scottish Ministers to the making of article 5 and Schedule 4 to this Order.
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 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014.
2
Subject to paragraph (3), this Order comes into force on 10th December 2014.
3
The provisions mentioned in paragraphs (6) and (7) so far as they extend to Scotland, come into force on 16th December 2014.
4
In this Order—
a
“the 2013 Act” means the Marriage (Same Sex Couples) Act 2013, and
b
“the 2014 Act” means the Marriage and Civil Partnership (Scotland) Act 20144.
5
Subject to paragraphs (6) and (7), this Order extends to England and Wales only.
6
The following provisions extend also to Scotland—
a
paragraphs 2, 4 and 5 of Schedule 1 and article 2 so far as it applies to those paragraphs, and
b
this article, article 5 and Schedule 4.
7
Article 3 and Schedule 2 extend to Scotland only.
Amendments to enactments etc.2
Schedule 1 (which amends enactments etc. in consequence of the 2013 Act, the 2014 Act and the Civil Partnership Act 2004) has effect.
Amendments to enactments etc.: Scotland3
Schedule 2 (which amends enactments etc. in consequence of the 2014 Act and the Civil Partnership Act 2004) has effect.
Amendments to enactments etc. concerning the Church of England4
Schedule 3 (which amends enactments etc. concerning the Church of England in consequence of the 2013 Act) has effect.
Consequential provisions relating to certified copies of entries of consular marriages5
Schedule 4 (which makes consequential provision concerning legislation on consular marriages) has effect.
SCHEDULE 1Consequential amendments to subordinate legislation
PART 1Enactments: general
Marriage (Authorised Persons) Regulations 19521
In regulation 2 of the Marriage (Authorised Persons) Regulations 19525 (interpretation), in the definition of “trustees or governing body”—
a
for “70” substitute “70 or 70A”, and
b
for “that section” substitute “those sections”.
Service Departments Registers Order 19592
1
The Service Departments Registers Order 19596 is amended as follows.
2
Article 17 (application of order) is renumbered as article 1(1).
3
In article 1(1)(a), for “solemnised” substitute “entered into”.
4
After article 1(1) insert—
2
In this Order, “marriages” includes marriages which result from—
a
the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section; and
b
the changing of a civil partnership formed under Part 3 of the Civil Partnership Act 2004 into a marriage under—
i
the Marriage (Scotland) Act 19778;
ii
the Marriage and Civil Partnership (Scotland) Act 2014; or
iii
any relevant order.
3
For the purposes of paragraph (2) “relevant order” means any order made under section 104 of the Scotland Act 1998 in consequence of the Marriage and Civil Partnership (Scotland) Act 2014 which provides for the change of a civil partnership in a country or territory outside the United Kingdom by—
a
a member of Her Majesty’s forces (within the meaning of the Armed Forces Act 20069) serving in the country or territory in which it is proposed they change their civil partnership;
b
a civilian subject to service discipline within the meaning of the Armed Forces Act 2006 who is employed in that country or territory;
c
a child of a person falling within paragraph (a) or (b) and whose home is with that person in that country or territory (including a person who is or has been treated as the child of a person (“P”) in relation to a marriage or civil partnership to which P is or was a party).
5
In article 310 (qualified informants)—
a
in paragraph (2)(b), omit “or”,
b
after paragraph (2)(c) insert—
d
a person who has solemnised a marriage to which this Order applies under the Overseas Marriage (Armed Forces) Order 201411,
e
a person who has carried out a conversion of a civil partnership into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, or
f
a person who has carried out a change of a civil partnership into a marriage,
c
in paragraph (4)(c)(i), omit “or”,
d
for paragraph (4)(c)(ii) substitute—
ii
where the marriage is solemnised, the priest or other person conducting the ceremony;
e
after paragraph (4)(c)(ii) insert—
iii
the person who has carried out a conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section; or
iv
the person who has carried out a change of a civil partnership into a marriage;
f
after paragraph (6) insert—
7
For the purposes of this article a reference to a change of a civil partnership into a marriage is to be read in accordance with article 1(2)(b) and (3).
Registration of Births, Deaths and Marriages Regulations 19683
In regulation 11 of the Registration of Births, Deaths and Marriages Regulations 196812 (statistical returns), after “marriages” insert “(including marriages resulting from the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section)”.
Social Security (Credits) Regulations 19754
1
The Social Security (Credits) Regulations 197513 are amended as follows.
2
In regulation 8C(2)14 (credits on termination of bereavement benefits) for “a person of the opposite sex as husband and wife” substitute “another person as a married couple”.
3
In paragraph 3 of the Schedule15 (persons who may qualify as carers for a child under the age of 12)—
a
omit sub-paragraphs (a) and (b), and
b
after “consisting of” insert “two people who are not married to or civil partners of each other but are living together as a married couple.”.
Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 19795
In regulation 7(10) of the Social Security (Widow’s Benefit, Retirement Pensions and Other Benefits) (Transitional) Regulations 197916 (modifications for widowed mother’s allowance, widow’s pension and category A and B retirement pensions)—
a
after “former spouse” in each place it occurs insert “or former civil partner”,
b
after “said spouse” insert “or civil partner”,
c
after “former spouse’s” insert “or former civil partner’s”, and
d
after “whichever is the earlier” insert “(or, in the case of a civil partnership, the year 1975/76)”.
Registration of Marriages Regulations 19866
In regulation 11(2) of the Registration of Marriages Regulations 198617 (manner of registration)—
a
in sub-paragraph (ea)—
i
after “two parties” insert “of the same sex”, and
ii
omit “, if the parties specifically request and”, and
b
after sub-paragraph (ea) insert—
eb
if the marriage is between a man and a woman who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, then notwithstanding sub-paragraphs (ca) and (da), if the parties specifically request and—
i
if the previous civil partnership has been terminated by final order of dissolution, he shall enter the words, “Previously formed a civil partnership at…on…Civil partnership dissolved on…”, inserting particulars of the place and date of previous civil partnership and the date of dissolution, or
ii
if the previous civil partnership was annulled, he shall enter the words, “Previously formed a civil partnership at…on…Civil partnership annulled on...”, inserting the particulars of the place and date of the previous civil partnership and the date of its annulment;
Registration of Births and Deaths Regulations 19877
In regulation 9(7)(b) of the Registration of Births and Deaths Regulations 198718 (entry of particulars on registration), after “child” insert “(and where the marriage results from the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, the name to be entered is that used for the conversion, if different)”.
Standards Committees (Wales) Regulations 20018
1
In the Standards Committees (Wales) Regulations 200119, in regulation 2 (interpretation), in the definition of “lay panel member”, after “spouse” insert “or civil partner”.
2
In the Welsh text, in the Standards Committees (Wales) Regulations 2001, in regulation 2 (dehongli), in the definition of “aelod panel lleyg” (“lay panel member”), after “briod” insert “neu’n bartner sifil”.
Special Guardianship (Wales) Regulations 20059
1
In each of paragraph 3(c) and paragraph 4(e) of the Schedule to the Special Guardianship (Wales) Regulations 200520 (reports - matters prescribed for the purposes of section 14A(8)(b) of the Children Act 1989), after “civil partnership” in the second place it occurs insert “(or in relation to a marriage resulting from the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, the date and place of the civil partnership which was originally entered into by the couple)”.
2
In the Welsh text, in each of paragraph 3(c) and paragraph 4(d) of the Schedule to the Special Guardianship (Wales) Regulations 2005 (adroddiadau – materion a ragnodwyd at ddibenion adran 14A(8)(b) o Ddeddf Plant 1989), after “bartneriaeth sifil” insert “(neu o ran priodas sy’n deillio o drosi partneriaeth sifil o dan adran 9 o Ddeddf Priodas (Cyplau o’r Un Rhyw) 2013 a rheoliadau a wnaed o dan yr adran honno, ddyddiad a lle’r bartneriaeth sifil yr ymrwymwyd iddi’n wreiddiol gan y cwpl)”.
Civil Partnership (Registration Provisions) Regulations 200510
1
Regulation 9 of the Civil Partnership (Registration Provisions) Regulations 200521 (contents of civil partnership document) is amended as follows.
2
In paragraph (2)(i), for the closing words substitute—
it shall enter across both columns of space 6, “Previously married at…on….Marriage dissolved on…”, inserting the particulars of the place and date of the previous marriage and the date of dissolution, however, in the case of a previous marriage between a man and a woman, it shall only enter this if the parties expressly request, and if they do not, shall enter “Previous marriage dissolved” for each person;
3
In paragraph (2)(k), for the closing words substitute—
it shall enter across both columns of space 6, “Previously married at…on…Marriage annulled on…”, inserting the particulars of the place and date of the previous marriage and the date of annulment, however, in the case of a previous marriage between a man and a woman, it shall only enter this if the parties expressly request, and if they do not, shall enter “Previous marriage annulled” for each person;
PART 2Enactments etc.: public service pension schemes
Public service pension schemes: general
11
1
The public service pension schemes referred to in the second column of the table at sub-paragraph (2) are amended in accordance with columns 3 and 4 of that table.
2
The table referred to in sub-paragraph (1) is as set out below.
Entry | Pension Scheme | First set of amendments | Second set of amendments |
|---|---|---|---|
1 | The Firefighters’ Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in England22. | In paragraph 1 of Part 3 of Schedule 1 (marriage of a same sex couple), for “In” at the beginning of sub-paragraph (1) substitute “Subject to paragraph 3, in”. | After paragraph 2 (living together as a same sex couple) insert the provision made by sub-paragraph (3) with the number “1” substituted by the number “3” and with the words “these Regulations” substituted by “this Scheme”. |
2 | The Firefighters’ Pension (Wales) Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in Wales23. | In paragraph 1 of Part 3 of Schedule 1 (marriage of a same sex couple), for “In” at the beginning of sub-paragraph (1) substitute “Subject to paragraph 3, in”. | After paragraph 2 (living together as a same sex couple) insert the provision made by sub-paragraph (3) with the number “1” substituted by the number “3” and with the words “these Regulations” substituted by “this Scheme”. |
3 | The Local Government Pension Scheme Regulations 199724. | In regulation 42B (marriage of a same sex couple), for “In” at the beginning of paragraph (1) substitute “Subject to regulation 42D, in”. | After regulation 42C (living together as a same sex couple) insert the provision made by sub-paragraph (3) with the number “1” substituted by the number “42D”. |
4 | The Teachers’ Pension Regulations 201025. | In regulation 2A (marriage of a same sex couple), for “In” at the beginning of paragraph (1) substitute “Subject to regulation 2C, in”. | After regulation 2B (living together as a same sex couple) insert the provision made by sub-paragraph (4) with the number “1” substituted by the number “2C”. |
5 | The Royal Mail Statutory Pension Scheme26. | In rule 2A (marriage of a same sex couple), for “In” at the beginning of paragraph (1) substitute “Subject to Rule 2C, in”. | After Rule 2B (living together as a same sex couple) insert the provision made by sub-paragraph (4) with the number “1” substituted by the number “2C” and with the words “these Regulations” in both places they occur substituted by “this Scheme”. |
3
The provision referred to in the fourth column of the table at sub-paragraph (2) in relation to entries 1 to 3 of the table is—
Continuation of marriage where Scheme member acquires new legal gender1
Where—
a
a deceased Scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 200427, and
b
at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,
the Scheme member’s widow is to be treated for the purposes of these Regulations as if the certificate had not been issued.
4
The provision referred to in the fourth column of the table at sub-paragraph (2) in relation to entries 4 and 5 of the table is—
Continuation of marriage where Scheme member acquires new legal gender1
1
Where—
a
a deceased Scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,
the Scheme member’s widow is to be treated for the purpose of these Regulations as if the certificate had not been issued.
2
Where—
a
a deceased Scheme member was a man by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of the member’s death, he was married to a man and that marriage subsisted before the time when the certificate was issued,
the Scheme member’s widower is to be treated for the purpose of these Regulations as if the certificate had not been issued.
12
1
In each of the enactments set out at sub-paragraph (4), any reference to a “widow” includes a woman who is the surviving spouse of a woman to whom sub-paragraph (3) applies.
2
In each of the enactments set out at sub-paragraph (4)(c) to (g), any reference to a “husband” includes a woman to whom sub-paragraph (3) applies.
3
This sub-paragraph applies to a deceased woman who—
a
was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of her death was married to a woman and that marriage subsisted before the time when the certificate was issued.
4
The enactments referred to in sub-paragraphs (1) and (2) are—
a
the War Pensions (Coastguards) Scheme 194428,
b
the British Transport Reorganisation (Pensions of Employees) (No. 2) Order 196229,
c
the Harbour Reorganisation (Compensation to Employees) Regulations 196730,
d
the British Transport (Compensation to Employees) Regulations 197031,
e
the London Transport (Compensation to Employees) Regulations 197032,
f
the Transport Holding Company (Compensation to Employees) Regulations 197233, and
g
the Vehicle and Driving Licences (Compensation to Officers) Regulations 197734.
Police Pensions Regulations 198713
1
The Police Pensions Regulations 198735 are amended as follows.
2
In regulation J1 (policeman with a guaranteed minimum for the purposes of the Social Security Pensions Act 1975) after paragraph (4B)36 insert—
4C
Where—
a
the regular policeman who has died was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of her death the regular policeman was married to a woman and that marriage subsisted before the time when the certificate was issued,
the widow of the regular policeman is to be treated for the purposes of this Regulation as if the certificate had not been issued.
3
In Schedule C (widows’ awards)—
a
in paragraph 1 of Part 1 (widow’s ordinary pension), after sub-paragraph (2B)37 insert—
2BA
Where—
a
a female police officer who has died was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of her death the female police officer was married to a woman and that marriage subsisted before the time when the certificate was issued,
the widow of the female police officer is to be treated for the purposes of this Part as if the certificate had not been issued.
b
in paragraph 1 of Part III (widow’s accrued pension), after sub-paragraph (1B)38 insert—
1BA
Where—
a
a female police officer who has died was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of her death the female police officer was married to a woman and the marriage subsisted before the time when the certificate was issued,
the widow of the female police officer is to be treated for the purposes of this Part as if the certificate had not been issued.
c
In Part IV (widow’s pension in case of post-retirement marriage) after paragraph 539 insert—
5A
Where—
a
a female police officer who has died was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of her death the female police officer was married to a woman and that marriage subsisted before the time when the certificate was issued,
the widow of the female police officer is to be treated for the purposes of this Part as if the certificate had not been issued.
d
In Part V (widow’s requisite benefit pension), after paragraph 1A40 insert—
1B
Where—
a
a female police officer who has died was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of her death the female police officer was married to a woman and that marriage subsisted before the time when the certificate was issued,
the widow of the female police officer is to be treated for the purpose of this Part as if the certificate had not been issued.
National Health Service Pension Scheme Regulations 199514
In regulation A4 of the National Health Service Pension Scheme Regulations 199541 (civil partnerships and marriage of same sex couples), after paragraph (5) insert—
6
Where—
a
a deceased member of this Section of the scheme was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,
the member’s widow is to be treated for the purposes of Parts G and K of these Regulations as if the certificate had not been issued.
Armed Forces Pension Scheme Order 200515
In rule E.1 of Part E of Schedule 1 to the Armed Forces Pension Scheme Order 200542 (surviving spouses’ and civil partners’ pensions), after paragraph (4) insert—
5
Where a deceased active, deferred or pensioner member was—
a
a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of the deceased member’s death, the deceased member was married, and that marriage subsisted before the time when the certificate was issued,
the surviving spouse of the deceased member is to be treated for the purpose of these Rules as if the certificate had not been issued.
Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010
16
1
Part E of Schedule 1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 201043 (death benefits) is amended as follows.
2
For rule E.1(3)(c) (surviving spouse or civil partner’s pensions) substitute—
c
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.
3
In rule E.1(5)(c)(ii) (surviving spouse or civil partner’s pensions), at the beginning insert “(except for a member who falls within rule E.1(15))”.
4
After rule E.1(14) (surviving spouse or civil partner’s pensions) insert—
15
A deceased woman falls within this rule if—
a
she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death she was married to a woman and that marriage subsisted before the time when the certificate was issued.
5
For rule E.6(1)(d) (widows’ pensions: service ended before 31st March 1973) substitute—
d
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.
6
After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—
8
A deceased woman falls within this rule if—
a
she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.
17
1
Schedule 244 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (Naval and Marines Attributable Benefits Scheme) is amended as follows.
2
In Part A, in rule A.1 (interpretation), after the definition of “relevant disabling condition” insert—
“relevant gender change case” means a case where—
- a
a deceased woman was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
- b
at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;
3
In Part C, in rule C.2 (conditions relating to the deceased) for paragraphs (a) and (b) substitute—
a
the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—
i
was a man married to a woman whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she leaves a widow;
b
the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—
i
was a man married to a woman whom he married after discharge and whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;
4
In Part D, in rule D.1(3) (entitlement to a child’s compensation)—
a
for sub-paragraph (a) substitute—
a
the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—
i
was a man married to a woman whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she leaves a widow;
b
for sub-paragraph (c) substitute—
c
the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—
i
married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or
ii
was in a civil partnership with a person,
whom the deceased person leaves as a surviving spouse or surviving civil partner;
Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010
18
1
Part E of Schedule 1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 201045 (death benefits) is amended as follows.
2
For rule E.1(3)(c) (surviving spouse or civil partner’s pensions) substitute—
c
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.
3
In rule E.1(5)(c)(ii) (surviving spouse or civil partner’s pensions), at the beginning insert “(except for a member who falls within rule E.1(15))”.
4
After rule E.1(14) (surviving spouse or civil partner’s pensions) insert—
15
A deceased woman falls within this rule if —
a
she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death she was married to a woman and that marriage subsisted before the time when the certificate was issued.
5
For rule E.6(1)(d) (widows’ pensions: service ended before 31st March 1973) substitute—
d
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.
6
After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—
8
A deceased woman falls within this rule if—
a
she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.
19
1
Schedule 246 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (Army Attributable Benefits Scheme) is amended as follows.
2
In Part A, in rule A.1 (interpretation), after the definition of “relevant disabling condition”, insert—
“relevant gender change case” means a case where—
- a
a deceased woman was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
- b
at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;
3
In Part C, in rule C.2 (conditions relating to the deceased) for paragraphs (a) and (b) substitute—
a
the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—
i
was a man married to a woman whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she leaves a widow;
b
the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—
i
was a man married to a woman whom he married after discharge and whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;
4
In Part D, in rule D.1(3) (entitlement to a child’s compensation)—
a
for sub-paragraph (a) substitute—
a
the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—
i
was a man married to a woman whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she leaves a widow;
b
for sub-paragraph (c) substitute—
c
the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—
i
married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or
ii
was in a civil partnership with a person,
whom the deceased person leaves as a surviving spouse or surviving civil partner;
Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010
20
1
Part E of Schedule 1 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 201047 (death benefits) is amended as follows.
2
For rule E.1(3)(c) (surviving spouse or civil partner’s pensions) substitute—
c
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.
3
In rule E.1(5)(c)(ii) (surviving spouse or civil partner’s pensions), at the beginning insert “(except for a member who falls within rule E.1(15))”.
4
After rule E.1(14) (surviving spouse or civil partner’s pensions) insert—
15
A deceased woman falls within this rule if—
a
she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death she was married to a woman and that marriage subsisted before the time when the certificate was issued.
5
For rule E.6(1)(d) (widows’ pensions: service ended before 31st March 1973) substitute—
d
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.
6
After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—
8
A deceased woman falls within this rule if—
a
she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.
21
1
Schedule 248 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (Royal Air Force Attributable Benefits Scheme) is amended as follows.
2
In Part A, in rule A.1 (interpretation), after the definition of “relevant disabling condition” insert—
“relevant gender change case” means a case where—
- a
a deceased woman was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
- b
at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;
3
In Part C, in rule C.2 (conditions relating to the deceased), for paragraphs (a) and (b) substitute—
a
the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—
i
was a man married to a woman whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she leaves a widow;
b
the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—
i
was a man married to a woman whom he married after discharge and whom he leaves a widow; or
ii
was a woman married to woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;
4
In Part D, in rule D.1(3) (entitlement to a child’s compensation)—
a
for sub-paragraph (a) substitute—
a
the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—
i
was a man married to a woman whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she leaves a widow;
b
for sub-paragraph (c) substitute—
c
the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—
i
married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or
ii
was in a civil partnership with a person,
whom the deceased person leaves as a surviving spouse or surviving civil partner;
Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 201122
1
The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 201149 are amended as follows.
2
In Schedule 1, in Part D (death benefits)—
a
for rule D.3(4)(b) substitute—
b
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman married to a woman in a relevant gender change case whom she leaves a widow.
b
after rule D.3(7) insert—
8
In this rule, “relevant gender change case” means a case where—
a
a deceased woman was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued.
3
In Schedule 2, in Part C (death benefits), for rules C.2(4) and (5) substitute—
4
Condition B is that the deceased person—
a
was—
i
a man; or
ii
a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004;
b
was in service on or after 31st March 1973;
c
was married to a woman and that marriage—
i
took place before the deceased person ceased service; and
ii
in the case of a deceased person falling within sub-paragraph (a)(ii), subsisted before the time when the certificate was issued; and
d
died leaving her a widow.
5
Condition C is that the deceased person—
a
was—
i
a man; or
ii
a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004;
b
was in service on or after 6th April 1978;
c
married a woman—
i
after leaving service; and
ii
in the case of a deceased person falling within sub-paragraph (a)(ii), the marriage subsisted before the time when the certificate was issued; and
d
died leaving her a widow.
SCHEDULE 2Amendments to enactments etc.: Scotland
Armed Forces Pension Scheme Order 20051
1
Part E of Schedule 1 to the Armed Forces Pension Scheme Order 200550 (death benefits) is amended as follows.
2
In rule E.1 (surviving spouses’ and civil partners’ pensions), after paragraph (4) insert—
5
Where a deceased active, deferred or pensioner member was—
a
a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of the deceased member’s death, the deceased member was married and that marriage subsisted before the time when the certificate was issued,
the surviving spouse of the deceased member is to be treated for the purpose of these Rules as if the certificate had not been issued.
3
In each of rules E.3(6)(a), E.4(3)(a) and E.5(3)(a), before “civil partner” insert “person who was married to someone of the same sex or a”.
Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010
2
1
Part E of Schedule 1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 201051 (death benefits) is amended as follows.
2
In rule E.1—
a
for paragraph (3)(c) (surviving spouse or civil partner’s pensions) substitute—
c
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.
b
for paragraph (5)(c) (surviving spouse or civil partner’s pensions) substitute—
c
the member—
i
was a woman and was married to a man whom she leaves a widower;
ii
(except for a member who falls within rule E.1(15)) was married to a person of the same sex and leaves that person as a surviving spouse; or
iii
leaves a surviving civil partner.
c
in paragraph (13) (surviving spouse 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,
d
after paragraph (14) (surviving spouse or civil partner’s pensions) insert—
15
A deceased woman falls within this rule if—
a
she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.
3
In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—
d
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.
4
After rule E.6(7) (widows’ pensions: service ended before 31st March 1973), insert—
8
A deceased woman falls within this rule if—
a
she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.
5
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.
6
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”.
3
1
Schedule 252 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (Naval and Marines Attributable Benefits Scheme) is amended as follows.
2
In Part A, in rule A.1 (interpretation) after the definition of “relevant disabling condition” insert—
“relevant gender change case” means a case where—
- a
a deceased woman was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
- b
at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;
3
In Part C—
a
in rule C.2 (conditions relating to the deceased) for paragraphs (a) and (b) substitute—
a
the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—
i
was a man married to a woman whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she leaves a widow;
b
the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—
i
was a man married to a woman whom he married after discharge and whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;
b
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”,
c
in rule C.12 (level of compensation for post service marriages and civil partnerships), for “husband and wife” substitute “a married couple”, and
d
in rule C.19 (restoration of long term compensation to surviving adult dependant)—
i
in paragraph (2) for “widow or widower” in both places it occurs substitute “spouse”, and
ii
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.
4
In Part D of Schedule 2 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (benefits payable in respect of eligible children) for rule D.1(3) (entitlement to a child’s compensation) substitute—
3
This Part will only apply when—
a
the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—
i
was a man married to a woman whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she leaves a widow;
b
the deceased person was a woman who was in service on or after 1st October 1987, and at the time of her death was married to a man whom she leaves a widower;
c
the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—
i
married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or
ii
was in a civil partnership with a person,
whom the deceased person leaves as a surviving spouse or surviving civil partner;
d
the deceased person was an eligible partner and was in service on or after 5th December 2005.
Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010
4
1
Part E of Schedule 1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 201053 (death benefits) is amended as follows.
2
In rule E.1—
a
for paragraph (3)(c) (surviving spouse or civil partner’s pensions) substitute—
c
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.
b
for paragraph (5)(c) (surviving spouse or civil partner’s pensions) substitute—
c
the member—
i
was a woman and was married to a man whom she leaves a widower;
ii
(except for a member who falls within rule E.1(15)) was married to a person of the same sex and leaves that person as a surviving spouse; or
iii
leaves a surviving civil partner.
c
in paragraph (13) (surviving spouse 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,
d
after paragraph (14) (surviving spouse or civil partner’s pensions) insert—
15
A deceased woman falls within this rule if—
a
she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.
3
In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—
d
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.
4
After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—
8
A deceased woman falls within this rule if—
a
she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.
5
In rule E.9 (suspensions 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.
6
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”.
5
1
Schedule 254 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (Army Attributable Benefits Scheme) is amended as follows.
2
In Part A, in rule A.1 (interpretation) after the definition of “relevant disabling condition” insert—
“relevant gender change case” means a case where—
- a
a deceased woman was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
- b
at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;
3
In Part C—
a
in rule C.2 (conditions relating to the deceased) for paragraphs (a) and (b) substitute—
a
the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—
i
was a man married to a woman whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she leaves a widow;
b
the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—
i
was a man married to a woman whom he married after discharge and whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;
b
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”,
c
in rule C.12 (level of compensation for post service marriages and civil partnerships), for “husband and wife” substitute “a married couple”, and
d
in rule C.19 (restoration of long term compensation to surviving adult dependant)—
i
in paragraph (2) for “widow or widower” in both places it occurs substitute “spouse”, and
ii
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.
4
In Part D of Schedule 2 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (benefits payable in respect of eligible children) for rule D.1(3) (entitlement to a child’s compensation) substitute—
3
This Part will only apply when—
a
the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—
i
was a man married to a woman whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she leaves a widow;
b
the deceased person was a woman who was in service on or after 1st October 1987, and at the time of her death was married to a man whom she leaves a widower;
c
the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—
i
married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or
ii
was in a civil partnership with a person,
whom the deceased person leaves as a surviving spouse or surviving civil partner;
d
the deceased person was an eligible partner and was in service on or after 5th December 2005.
Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010
6
1
Part E of Schedule 1 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 201055 (death benefits) is amended as follows.
2
In rule E.1—
a
for paragraph (3)(c) (surviving spouse or civil partner’s pensions) substitute—
c
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman who falls within rule E.1(15) and who was married to a woman whom she leaves a widow.
b
for paragraph (5)(c) (surviving spouse or civil partner’s pensions) substitute—
c
the member—
i
was a woman and was married to a man whom she leaves a widower;
ii
(except for a member who falls within rule E.1(15)) was married to a person of the same sex and leaves that person as a surviving spouse; or
iii
leaves a surviving civil partner.
c
in paragraph (13) (surviving spouse 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,
d
after paragraph (14) (surviving spouse or civil partner’s pensions) insert—
15
A deceased woman falls within this rule if—
a
she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.
3
In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—
d
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.
4
After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—
8
A deceased woman falls within this rule if—
a
she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.
5
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.
6
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”.
7
1
Schedule 256 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (Royal Air Force Attributable Benefits Scheme) is amended as follows.
2
In Part A, in rule A.1 (interpretation) after the definition of “relevant disabling condition” insert—
“relevant gender change case” means a case where—
- a
a deceased woman was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
- b
at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;
3
In Part C—
a
in rule C.2 (conditions relating to the deceased) for paragraphs (a) and (b) substitute—
a
the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—
i
was a man married to a woman who he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she leaves a widow;
b
the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—
i
was a man married to a woman whom he married after discharge and whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;
b
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”,
c
in rule C.12 (level of compensation for post service marriages and civil partnerships), for “husband and wife” substitute “a married couple”, and
d
in rule C.19 (restoration of long term compensation to surviving adult dependant)—
i
in paragraph (2), for “widow or widower” in both places it occurs substitute “spouse”, and
ii
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.
4
In Part D of Schedule 2 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (benefits payable in respect of eligible children) for rule D.1(3) (entitlement to a child’s compensation) substitute—
3
This Part will only apply when—
a
the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—
i
was a man married to a woman whom he leaves a widow; or
ii
was a woman married to a woman in a relevant gender change case whom she leaves a widow;
b
the deceased person was a woman who was in service on or after 1st October 1987, and at the time of her death was married to a man whom she leaves a widower;
c
the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—
i
married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or
ii
was in a civil partnership with a person,
whom the deceased person leaves as a surviving spouse or surviving civil partner;
d
the deceased person was an eligible partner and was in service on or after 5th December 2005.
Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 20118
1
The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 201157 are amended as follows.
2
In Schedule 1, in Part D (death benefits)—
a
for rule D.3(4)(b) substitute—
b
the member was—
i
a man and was married to a woman whom he leaves a widow; or
ii
a woman and was married to a woman in a relevant gender change case whom she leaves a widow.
b
after rule D.3(7) insert—
8
In this rule, “relevant gender change case” means a case where—
a
a deceased woman was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and
b
at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued.
3
In Schedule 2, in Part C (death benefits), for rules C.2(4) and (5) substitute—
4
Condition B is that the deceased person—
a
was—
i
a man; or
ii
a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004;
b
was in service on or after 31st March 1973;
c
was married to a woman and that marriage—
i
took place before the deceased person ceased service; and
ii
in the case of a deceased person falling within sub-paragraph (a)(ii), subsisted before the time when the certificate was issued; and
d
died leaving her a widow.
5
Condition C is that the deceased person—
a
was—
i
a man; or
ii
a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004;
b
was in service on or after 6th April 1978;
c
married a woman—
i
after leaving service; and
ii
in the case of a deceased person falling within sub-paragraph (a)(ii), the marriage subsisted before the time when the certificate was issued; and
d
died leaving her a widow.
Postal Services Act 2011 (Transfer of Accrued Pension Rights) Order 20129
1
The Royal Mail Statutory Pension Scheme in Schedule 1 to the Postal Services Act 2011 (Transfer of Accrued Pension Rights) Order 201258 is amended as follows.
2
In Part 1, after rule 2, insert—
Marriage of a same sex couple2A
1
In this Scheme—
a
a reference to civil partnership is to be read as including a reference to marriage of a same sex couple,
b
a reference to civil partners is to be read as including a reference to a married same sex couple, and
c
a reference to a person who is in a civil partnership is to be read as including a reference to a person who is married to a person of the same sex.
2
Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, or a reference to a person whose civil partnership has ended) is to be read accordingly.
3
For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
Living together as a same sex couple2B
1
In this Scheme—
a
a reference to persons who are not in a civil partnership but are living together as civil partners is to be read as including a reference to a same sex couple who are not married but are living together as a married couple, and
b
a reference to a person who is living together with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.
2
Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to persons formerly living together as civil partners) is to be read accordingly.
3
For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
Continuation of marriage where Scheme member acquires new legal gender2C
1
Where—
a
a deceased Scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of the deceased Scheme member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,
the Scheme member’s widow is to be treated for the purpose of this Scheme as if the certificate had not been issued.
2
Where—
a
a deceased Scheme member was a man by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of the deceased Scheme member’s death, he was married to a man and that marriage subsisted before the time when the certificate was issued,
the Scheme member’s widower is to be treated for the purpose of this Scheme as if the certificate had not been issued.
Public service pension schemes: general10
1
In each of the enactments set out at sub-paragraph (4), any reference to a “widow” includes a woman who is the surviving spouse of a woman to whom sub-paragraph (3) applies.
2
In each of the enactments set out in sub-paragraph (4)(c) to (f), any reference to a “husband” includes a reference to a woman to whom sub-paragraph (3) applies.
3
This sub-paragraph applies to a deceased woman who—
a
was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and
b
at the time of her death was married to a woman, and that marriage subsisted before the time when the certificate was issued.
4
The enactments referred to in sub-paragraphs (1) and (2) are—
a
the War Pensions (Coastguards) Scheme 194459,
b
the British Transport Reorganisation (Pensions of Employees) (No. 2) Order 196260,
c
the Harbour Reorganisation (Compensation to Employees) Regulations 196761,
d
the British Transport (Compensation to Employees) Regulations 197062,
e
the Transport Holding Company (Compensation to Employees) Regulations 197263, and
f
the Vehicle and Driving Licences (Compensation to Officers) Regulations 197764.
SCHEDULE 3Consequential amendments to Church of England legislation
Church Property (Miscellaneous Provisions) Measure 19601
In the Church Property (Miscellaneous Provisions) Measure 196065, in section 20 (provisions as to pensions of Church Estates Commissioners), in subsection (2A), after “widower” insert “(whether or not of the same or the opposite sex to the deceased),”.
Clergy Pensions Measure 19612
In section 46 of the Clergy Pensions Measure 196166 (interpretation) after subsection (1) insert—
1A
In this Measure, references to a “widow”, “widower”, “spouse” or “surviving spouse” include a person who is or was married to someone of the same sex.
Clergy Pensions (Amendment) Measure 19723
In section 6 of the Clergy Pensions (Amendment) Measure 197267 (power of the General Synod to make further provision by regulations with respect to pensions for clergy and their widows and dependants), after subsection (5) insert—
6
In this section “widow”, “widower” and “spouse” include a person who is or was married to someone of the same sex.
Deaconesses and Lay Workers (Pensions) Measure 19804
In section 1 of the Deaconesses and Lay Workers (Pensions) Measure 198068 (power of Church Commissioners to make payment for provision, etc of pension benefits for deaconesses and lay workers), in subsection (1)(a), after “widowers” insert “(whether of the same or opposite sex),”.
Church of England Pensions Regulations 19885
In the Church of England Pensions Regulations 1988, in regulation 2(1)69 (interpretation)—
a
after the definition of “scheme member” insert—
“spouse” and “surviving spouse” include a person who is or was married to a person of the same sex;
b
in the definition of “widow or widower”, in paragraph (a) after “person” insert “(whether of the same or opposite sex to the deceased)”.
Pensions Measure 19976
In section 1 of the Pensions Measure 199770 (past service and funded schemes), in subsection (1), after “widowers” insert “(whether of the same or the opposite sex to the deceased)”.
Church of England (Pensions) Measure 20037
In section 7 of the Church of England (Pensions) Measure 200371 (citation, interpretation, commencement and extent) after subsection (3) insert—
3A
In this Measure “widow”, “widower” and “spouse” include a person who is or was married to someone of the same sex.
Mission and Pastoral Measure 20118
In Schedule 4 to the Mission and Pastoral Measure 201172 (compensation of clergy), after paragraph 11(3) insert—
3A
For the purposes of sub-paragraph (3), it does not matter if a surviving spouse is of the same or opposite sex to the deceased.
SCHEDULE 4Consequential provisions relating to consular marriage
1
1
Any person is entitled to obtain, from the Registrar General for England and Wales or from the Registrar General for Scotland a certified copy of any entry in a marriage register book transmitted to that Registrar General under section 10 of the Foreign Marriage Act 189273 or article 6 of the Foreign Marriage Order 197074 as the case may be, on payment of a fee.
2
The fee payable under sub-paragraph (1) is the same fee as is for the time being charged by that Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in their custody of marriages performed in England and Wales or Scotland, as the case may be.
3
A certified copy provided under sub-paragraph (1) shall be sufficient evidence of the marriage.
2
1
Any person is entitled to obtain, from the Registrar General for England and Wales or from the Registrar General for Scotland, a certified copy of any of the documents specified in sub-paragraph (3) transmitted to that Registrar General in accordance with article 7 of the Foreign Marriage Order 197075 on payment of a fee.
2
The fee payable under sub-paragraph (1) is the same fee as is for the time being charged by that Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in their custody of marriages performed in England and Wales or Scotland, as the case may be.
3
The documents referred to in sub-paragraph (1) are—
a
a certificate of a foreign marriage,
b
any translation of such a certificate,
c
any certificate produced by a consular officer regarding the accuracy of the translation.
4
A certified copy provided by a Registrar General under sub-paragraph (1) of any entry in the register under the Foreign Marriage Act 1892 is sufficient evidence of the formation of a foreign marriage.
5
In this paragraph a “foreign marriage” means a marriage solemnized in a foreign country.
3
Where the Registrar General for England and Wales receives a certified copy of an entry in a marriage register book kept under section 9 of the Foreign Marriage Act 1892, relating to a party shown to be from Northern Ireland, that Registrar General shall send a copy of that entry to the Registrar General for Northern Ireland.
(This note is not part of the Order)