SCHEDULE 1Consequential Amendments to Primary Legislation
Metropolitan Public Carriage Act 18691
In section 6 of the Metropolitan Public Carriage Act 18695 (grant of hackney carriage licences)—
a
in subsection (9)(a)—
i
for “widow” in both places it occurs, substitute “surviving spouse or surviving civil partner”, and
ii
omit “and”, and
b
omit subsection (9)(b).
Pensions Commutation Act 18712
In section 4 of the Pensions Commutation Act 18716 (power to Treasury to commute pensions), for subsection (2) substitute—
2
Where any officer in the naval or land forces of Her Majesty whose pension has been commuted under this Act subsequently marries or forms a civil partnership, the officer’s surviving spouse or surviving civil partner shall not be entitled to any pension, and a child of any such officer born after the date of the commutation of the pension shall not be entitled to compassionate allowance:
Local Government (Emergency Provisions) Act 19163
For section 2 of the Local Government (Emergency Provisions) Act 19167 (payments under superannuation schemes) substitute—
If an officer or servant of a local authority dies whilst serving in or with His Majesty’s forces, or in consequence of wounds or disease received or contracted during such service which prevented that person from returning to the service of the local authority, the local authority shall have, and shall be deemed always to have had, power to make to that person’s surviving spouse, surviving civil partner or other dependants, such payments as could have been made to them under any superannuation scheme (whether established by statute or otherwise) in force in the district had that person been actually serving the local authority at the time of death.
Population (Statistics) Act 19384
For paragraph 1(d) of the Schedule to the Population (Statistics) Act 19388 (particulars which may be required to be provided to registration officer) substitute—
d
where the birth is of a child to whom section 1(3) of that Act applies by reason of any marriage or civil partnership between the child’s parents—
i
the date of the marriage or formation of the civil partnership, and
ii
whether before she married, or formed the civil partnership with, the child’s other parent, the mother had been married to, or had formed a civil partnership with, any other person;
Marriage Act 19495
1
The Marriage Act 19499 is amended as follows.
2
In section 2810 (declaration to accompany notice of marriage), in subsection (1)(c), for “or widow” substitute “, widow or surviving civil partner”.
3
After section 42(3)11 (cancellation of registration of building) insert—
3A
In a case where—
a
the registration of a building is cancelled under this section, and
b
the building is also registered under section 43A,
the Registrar General must also cancel the registration under section 43A.
4
In section 49A12 (which provides marriages of same sex couples may be void in the absence of the required consent), in subsection (2), after paragraph (b) insert—
ba
section 26A(3) and under any regulations made under section 44C that require the consent to use of a building for the solemnization of marriages of same sex couples, in a case where section 26A and section 44C apply to the marriage;
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 19516
In the closing words of section 46(3) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 195113 (payments to make up civil remuneration), for “his widow” substitute “that person’s surviving spouse, surviving civil partner”.
Births and Deaths Registration Act 19537
In the heading to section 10 of the Births and Deaths Registration Act 195314 (registration of father or of second female parent where parents neither married nor civil partners), before “civil partners” insert “married or”.
Registration of Births, Deaths and Marriages (Special Provisions) Act 19578
In section 5(3) of the Registration of Births, Deaths and Marriages (Special Provisions) Act 195715 (registration of births of legitimated persons in the service departments registers), in paragraph (b), for “is” substitute “includes”.
Transport Act 19629
In section 65(5) of the Transport Act 196216 (railway savings banks), for the words “is a man” to the end substitute “is a person who dies leaving a surviving spouse or surviving civil partner, that survivor for so long as that survivor does not subsequently marry, enter into a civil partnership or die.”.
Harbours Act 196410
In section 18(2) of the Harbours Act 196417 (harbour reorganisation schemes), in paragraph (h), after “spouses” in both places it occurs, insert “, civil partners”.
Sharing of Church Buildings Act 196911
1
Schedule 1 to the Sharing of Church Buildings Act 196918 (modifications of application of Marriage Act 1949 to shared church building to which sharing agreement relates) is amended as follows.
2
In paragraph 3, after “building” insert “which is registered under section 41 of the Act, and”.
3
After paragraph 3 insert—
3A
Subject to the provision made by sections 44A to 44C of the Act and any regulations made under those sections, where a sharing Church withdraws from the sharing of a registered church building which is registered under section 43A of the Act, and which continues to be used by another Church other than the Church of England, the registration shall not be cancelled.
4
In paragraph 4, after “section 43(1)” insert “or section 43B(1)”.
5
In paragraph 5—
a
for the words from “The proviso” to “which prescribes” substitute “Sections 43(1A) and 43B(3) of the Act, both of which prescribe”,
b
after “paragraph 3” insert “or 3A”, and
c
for the “said proviso” substitute “section 43(1A) or 43B(3)”.
Consumer Credit Act 197412
In section 16C(4) of the Consumer Credit Act 197419 (exemption relating to investment properties), for paragraph (b) substitute—
b
a person whose relationship with that person has the characteristic of the relationship between two people who are married; or
Social Security Pensions Act 197513
a
in the opening words, for the words “widow’s, widower’s” substitute “surviving spouse’s”, and
b
in paragraph (c), for the words “widow’s, widower’s” substitute “surviving spouse’s”.
Fatal Accidents Act 197614
In section 1(5) of the Fatal Accidents Act 197622 (right of action for wrongful act causing death), for paragraph (b) substitute—
b
an illegitimate person shall be treated as—
i
the legitimate child of his mother and reputed father, or
ii
in the case of a person who has a female parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, the legitimate child of his mother and that female parent.
Legitimacy Act 197615
1
The Legitimacy Act 197623 is amended as follows.
2
For section 1(2) (legitimacy of children of certain void marriages) substitute—
2
This section only applies where—
a
the father of the child was domiciled in England and Wales at the time of the birth, or if he died before the birth, was so domiciled immediately before his death, or
b
if a woman is treated as the female parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that female parent was domiciled in England and Wales at the time of the birth, or if she died before the birth, was so domiciled immediately before her death.
3
In section 2 (subsequent legitimation of child), in the heading and in the section, for “parents” in both places it occurs, substitute “mother and father”.
4
In section 2A24(subsequent legitimation of child)—
a
in the heading after “subsequent” insert “marriage or”,
b
in paragraph (b) for “not” substitute “neither married nor”,
c
in paragraph (c) after “subsequently” insert “marry or”,
d
in paragraph (d) after “date of” insert “the marriage or”, and
e
in the closing words—
i
at the beginning insert “the marriage or”, and
ii
after “date of” insert “the marriage or”.
5
In section 325 (legitimation by extraneous law)—
a
in subsection (1) for “parents” substitute “mother and father”, and
b
in subsection (2)—
i
in paragraph (b) for “not” substitute “neither married nor”,
ii
in paragraph (c) after “subsequently” insert “marry or”,
iii
in paragraph (d)—
aa
after “time of” insert “the marriage or”, and
bb
before the second “civil partnership” insert “marriage or”, and
iv
in the closing words—
aa
after “date of the” insert “marriage or”, and
bb
after “subsequent” insert “marriage or”.
Rent Act 197716
In paragraph 2(3) of Schedule 1 to the Rent Act 197726 (statutory tenants by succession), for the word “treated” to the end substitute “treated as the tenant’s spouse, or if that person is the same sex as the tenant, and falls within paragraph 2(2)(b) of this Schedule, as the tenant’s civil partner.”.
Transport Act 197817
In section 21 of the Transport Act 197827 (travel concessions for transferred employees), for “widows” substitute “surviving spouses, surviving civil partners”.
Pneumoconiosis etc. (Workers’ Compensation) Act 197918
In section 3 of the Pneumoconiosis etc. (Workers’ Compensation) Act 197928 (dependants)—
a
for subsection (2A) substitute—
2A
For the purposes of subsection (1)(c) two persons are in a qualifying relationship if they are living together as a married couple.
b
omit subsection (2B).
Family Law Reform Act 198719
In section 1(3) of the Family Law Reform Act 198729 (general principle of construction as to family relationships)—
a
in paragraph (ba)—
i
before “a party to” insert “married to a woman or”, and
ii
after “void” insert “marriage or”,
b
in paragraph (bb)(i), after “is” insert “married to or”, and
c
in paragraph (bb)(ii), after “was” insert “married to or”.
Housing Act 198820
In section 17(5) of the Housing Act 198830 (succession to assured tenancy), for the word “treated” to the end substitute “treated as the tenant’s spouse, or if that person is the same sex as the tenant, and falls within subsection (4)(b), as the tenant’s civil partner.”.
Child Support Act 199121
1
The Child Support Act 199131 is amended as follows.
2
In Schedule 132 (maintenance assessments), as that Schedule has effect otherwise than by virtue of section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 200033, in Part 1 (calculation of child support maintenance), in paragraph 6 (protected income)—
a
in sub-paragraph (5)(b)34, for sub-paragraphs (i) to (iii) substitute—
i
is living together in the same household with another adult who is his or her spouse or civil partner, or
ii
is living together in the same household with another adult as if they were a married couple,
b
omit sub-paragraph (5A)35.
3
In Schedule 1 (maintenance calculations), as that Schedule has effect by virtue of section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000, in Part 1 (calculation of weekly amount of child support maintenance), in paragraph 10C (references to various terms)—
a
for sub-paragraph (5)36 substitute—
5
In sub-paragraph (4)(a), “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.
b
omit sub-paragraph (6).
Social Security Contributions and Benefits Act 199222
1
The Social Security Contributions and Benefits Act 199237 is amended as follows.
2
For section 36(2)38 (bereavement payment) substitute—
2
A bereavement payment shall not be payable to a person if that person and a person whom that person was not married to, or in a civil partnership with, were living together as a married couple at the time of the spouse’s or civil partner’s death.
3
In section 37(4)39 (widowed mother’s allowance), after paragraph (a) insert “or” and for paragraphs (b) and (c) substitute—
b
for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.
4
In section 38(3)40 (widow’s pension), after paragraph (b) insert “or” and for paragraphs (c) and (d) substitute—
c
for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.
5
In section 39A(5)41 (widowed parent’s allowance), after paragraph (a) insert “or” and for paragraphs (b) and (c) substitute—
b
for any period during which the surviving spouse or civil partner and a person whom she or he is not married to, or in a civil partnership with, are living together as a married couple.
6
In section 39B(5)42 (bereavement allowance where no dependent children), after paragraph (a) insert “or” and for paragraphs (b) and (c) substitute—
b
for any period during which the surviving spouse or civil partner and a person whom she or he is not married to, or in a civil partnership with, are living together as a married couple.
7
In section 122 (interpretation of Parts 1 to 6 and supplementary provisions), omit subsection (1A)43.
8
In section 13744 (interpretation of Part 7 and supplementary provisions)—
a
in subsection (1), 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 otherwise than in prescribed circumstances;
b
omit subsection (1A).
9
In Schedule 7 (industrial injuries benefits)—
a
in paragraph 4(3)(a)45 (increase for beneficiary’s dependent children and qualifying young persons), after sub-paragraph (i) insert “or” and for sub-paragraphs (ii) and (iii) substitute—
ii
two people who are not married to, or civil partners of, each other but are living together as a married couple, and
b
in paragraph 15(3)46 (widow’s benefit (entitlement)), for the words from “husband and wife” to the end substitute “a married couple with a person whom she is not married to or in a civil partnership with.”.
Social Security Administration Act 199223
In section 15A of the Social Security Administration Act 199247 (payment out of benefit of sums in respect of mortgage interest etc.)—
a
in subsection (4)48, in paragraph (b) of the definition of “partner”, for “husband and wife or as if they were civil partners” substitute “if they were a married couple”, and
b
omit subsection (4B)49.
Trade Union and Labour Relations (Consolidation) Act 199224
In section 38(1) of the Trade Union and Labour Relations (Consolidation) Act 199250 (members’ superannuation schemes: separate fund to be maintained), in paragraph (a), after “widows’” insert “, widowers’, surviving civil partners’’”.
Pension Schemes Act 199325
In section 17 of the Pension Schemes Act 199351 (minimum pension for widows and widowers)—
a
in subsection (4A)(c)(i)52, for paragraphs (a) and (b) (but not the “nor” following paragraph (b)) substitute “another person are living together as a married couple;”, and
b
omit subsection (9)53.
Jobseekers Act 199526
1
Section 35 of the Jobseekers Act 199554 (interpretation) is amended as follows.
2
In subsection (1), 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 otherwise than in prescribed circumstances;
3
Omit subsection (1A).
Pensions Act 199527
In section 124(1) of the Pensions Act 199555 (interpretation of Part 1), omit the definition of “civil partnership status”.
State Pension Credit Act 200228
1
Section 17 of the State Pension Credit Act 200256 (other interpretation provisions) is amended as follows.
2
In subsection (1), 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 otherwise than in prescribed circumstances;
3
Omit subsection (1A).
Civil Partnership Act 200429
1
The 2004 Act57 is amended as follows.
2
In section 212 (meaning of “overseas relationship”), after subsection (1) insert—
1A
But, for the purposes of the application of this Act to England and Wales, marriage is not an overseas relationship.
3
In each of paragraphs 5 (declaration) and 11 (declaration) of Schedule 2 (civil partnerships of persons under 18: England and Wales), after “civil partner” insert “, widow or widower”.
Mental Capacity Act 200530
In paragraph 185 of Schedule A1 to the Mental Capacity Act 200558 (interpretation), for sub-paragraphs (b) and (c) substitute—
b
where the relevant person and another person are not married to each other, nor in a civil partnership with each other, but are living together as if they were a married couple: that other person;
Family Law (Scotland) Act 200631
In section 38(1) of the Family Law (Scotland) Act 200659 (validity of marriages), for “the Foreign Marriage Act 1892 (c. 23)” substitute “section 13(1) of, and Schedule 6 to, the Marriage (Same Sex Couples) Act 2013 and any Orders in Council made under that Schedule”.
Welfare Reform Act 200732
1
Paragraph 6 of Schedule 1 to the Welfare Reform Act 200760 (income-related allowance) is amended as follows.
2
In sub-paragraph (5), 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 otherwise than in prescribed circumstances;
3
Omit sub-paragraph (6).
Statistics and Registration Service Act 200733
In section 42(2) of the Statistics and Registration Service Act 200761 (information relating to births and deaths etc.), after paragraph (e) insert—
f
any other information received by the Registrar General in relation to any marriage or civil partnership.
Welfare Reform Act 200934
In paragraph 2(2) of Schedule 6 to the Welfare Reform Act 200962, before “civil partners” insert “married or”.
Equality Act 201035
1
The Equality Act 201063 is amended as follows.
2
In section 67 (sex equality rule), for subsection (7) substitute—
7
If the effect of a relevant matter on a person (A) differs according to the effect it has on a person of the same sex as A, according to whether A is married, in a civil partnership, or for some other reason due to A’s family status, a comparison for the purposes of this section of the effect of that matter on persons of the opposite sex must be with a person of the opposite sex to A who is in the same position as A and in particular—
a
where A is married to someone of the opposite sex, A is to be compared to a person of the opposite sex to A (“B”) where B is married to someone of the opposite sex to B;
b
where A is married to someone of the same sex as A or is in a civil partnership, A is to be compared to B where B is married to someone of the same sex as B or is in a civil partnership.
3
Omit section 80(7) (interpretation and exceptions).
Welfare Reform Act 201236
1
Section 39 of the Welfare Reform Act 201264 (couples) is amended as follows.
2
For subsection (1) substitute—
1
In this Part “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.
3
Omit subsection (2).
4
In subsection (3)—
a
in paragraph (a), for “husband and wife” substitute “married”, and
b
in paragraph (b), for “a man and woman are to be treated as living together as husband and wife” substitute “two people are to be treated as living together as a married couple”.
SCHEDULE 2Contrary provision to section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act
PART 1Common law
Provision disapplying the effect of section 11(1) and (2) of the Act in respect of the common law
1
Section 11(1) and (2) of the Act does not apply to the common law concerning the right of a person—
a
who marries, or who is married to, the King Regnant, to the title of Queen, or
b
who marries, or who is married to, the Prince of Wales, to the title of Princess of Wales.
2
Section 11(1) and (2) of the Act does not apply to the common law concerning the acquisition of a right to, or interest in, a peerage, and all titles, rights, offices, privileges and precedence attaching to it, by a person who marries or who is married to a peer holding that peerage.
PART 2EU instruments
Provision disapplying the effect of section 11(1) and (2) of the Act in respect of EU instruments3
Section 11(1) and (2) of the Act does not apply to EU instruments.
PART 3Enactments etc. (general)
Provision to which section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act are subject4
1
Section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act have effect subject to sub-paragraph (2).
2
In the calculation of the amount of death benefits payable under rules E.3(6)(a), E.4(3)(a) and E.5(3)(a) in Part E of Schedule 1 to the Armed Forces Pension Scheme Order 200565, a surviving spouse who was married to someone of the same sex is to be treated in the same way as the surviving civil partner of a civil partnership.
Provision disapplying the effect of section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act in respect of enactments5
Section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act do not apply to—
a
the Statute of Westminster the Second 128566,
b
the Quia Emptores 128967,
c
the Treason Act 135168,
d
chapter 2 of the Statute the Fifth69,
e
the Crown Private Estate Act 180070,
f
the Fines and Recoveries Act 183371,
g
section 10 of the Married Women’s Property Act 188272,
h
section 3 of the Married Women’s Property Act 189373,
i
section 3 of the Married Women’s Property Act 190774,
j
sections 1(3) and 25(1) of the Settled Land Act 192575,
k
section 47 of the Criminal Justice Act 192576,
l
section 60 of the Government Annuities Act 192977,
m
the War Pensions (Coastguards) Scheme 194478,
n
the Civil Aviation (Births, Deaths and Missing Persons) Regulations 194879,
o
the Airways Corporations (General Staff Pensions) Regulations 194880,
p
the Airways Corporations (Pilots Pensions) Regulations 195181,
q
the Airways Corporations (Radio, Navigating and Engineer Officers Pensions) Regulations 195382,
r
the Airways Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 195783,
s
the Greenwich Hospital (Widows’ Pensions and Dependants’ Gratuities) Order 196084,
t
the British Transport Reorganisation (Pensions of Employees) (No. 2) Order 196285,
u
the Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) (No. 2) Regulations 196386,
v
the Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 196787,
w
the Harbour Reorganisation (Compensation to Employees) Regulations 196788,
x
the Port of London Act 196889,
y
the British Transport (Compensation to Employees) Regulations 197090,
z
the London Transport (Compensation to Employees) Regulations 197091,
aa
sections 1, 3(7)(a), 6 and the definition of “widow’s pension” in section 17(1) of the Pensions (Increase) Act 197192,
bb
the Transport Holding Company (Compensation to Employees) Regulations 197293,
cc
section 59(5ZB)(a) and (b) and (5ZC)(a) of the Social Security Pensions Act 197594,
dd
the Vehicle and Driving Licences (Compensation to Officers) Regulations 197795,
ee
articles 2 and 3 of the Pensions Increase (Review) Order 197996,
ff
the Greater London Council Housing (Compensation) Regulations 198097,
gg
the National Freight Corporation (Central Trust) (Amendment) Order 198098,
hh
articles 2 and 3 of the Pensions Increase (Review) Order 198099,
ii
articles 2 and 3 of the Pensions Increase (Review) Order 1981100,
jj
articles 2 and 3 of the Pensions Increase (Review) Order 1982101,
kk
articles 2 and 3 of the Pensions Increase (Review) Order 1983102,
ll
articles 2 and 3 of the Pensions Increase (Review) Order 1984103,
mm
articles 2 and 3 of the Pensions Increase (Review) Order 1985104,
nn
articles 2 and 3 of the Pensions Increase (Review) Order 1986105,
oo
articles 2 and 3 of the Pensions Increase (Review) Order 1987106,
pp
the Judicial Pensions (Widows’ and Children’s Benefits) Regulations 1987107,
articles 2 and 3 of the Pensions Increase (Review) Order 1988108,
rr
articles 2 and 3 of the Pensions Increase (Review) Order 1989109,
ss
articles 2 and 3 of the Pensions Increase (Review) Order 1990110,
tt
the Judicial Pensions (Widowers’ and Children’s Benefits) Regulations 1991111,
uu
vv
the Firefighters’ Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in England116,
ww
the Firefighters’ Pension (Wales) Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in Wales117,
xx
the Railways Pension Scheme Order 1994118,
yy
the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994119,
zz
the British Coal Staff Superannuation Scheme (Modification) Regulations 1994120,
aaa
the Mineworkers’ Pension Scheme (Modification) Regulations 1994121,
bbb
the Industry-Wide Coal Staff Superannuation Scheme Regulations 1994122,
ccc
the Industry-Wide Mineworkers’ Pension Scheme Regulations1994123,
ddd
regulations 55(1) and 69B(3)(c) and (d) of the Occupational Pension Schemes (Contracting-out) Regulations 1996124,
eee
the Local Government Pension Scheme Regulations 1997125,
fff
the Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001126,
ggg
section 299 of the Pensions Act 2004127 and the relevant provisions of the reciprocal agreement with Australia (within the meaning of that section) as continued in force by that section,
hhh
regulations 3(i) and 7(1) of the Occupational Pension Schemes (Modification of Schemes) Regulations 2006128,
iii
the New Firefighters’ Pension Scheme (England)129,
jjj
the New Firefighters’ Pension Scheme (Wales)130,
kkk
the Teachers’ Pensions Regulations 2010131,
lll
Schedule 1, Part E, rule E.1, paragraphs (3)(c) and (5)(c) and rule E.6, paragraph (1)(d) and Schedule 2, Part C, rule C.2, paragraphs (a) and (b) and Part D, rule D.1(3) to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010132,
mmm
Schedule 1, Part E, rule E.1, paragraphs (3)(c) and (5)(c) and rule E.6, paragraph (1)(d) and Schedule 2, Part C, rule C.2, paragraphs (a) and (b) and Part D, rule D.1(3) to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010133,
nnn
Schedule 1, Part E, rule E.1, paragraphs (3)(c) and (5)(c) and rule E.6, paragraph (1)(d) and Schedule 2, Part C, rule C.2, paragraphs (a) and (b) and Part D, rule D.1(3) to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010134, and
ooo
the Royal Mail Statutory Pension Scheme135.
SCHEDULE 3Consequential amendments to enactments etc. as a result of contrary provision made by Schedule 2
PART 1Enactments (general)
Pensions (Increase) Act 19711
1
The Pensions (Increase) Act 1971 is amended as follows.
2
In section 3(7) (qualifying conditions), in paragraph (a), for “husband’s” substitute “male spouse’s”.
3
In section 17(1) (interpretation), in the definition of “widow’s pension”—
a
in the opening words after “payable” insert “to a woman”, and
b
for “husband” in both places it occurs, substitute “male spouse”.
Social Security Pensions Act 19752
1
Section 59 of the Social Security Pensions Act 1975 (increase of official pensions) is amended as follows.
2
In subsection (5ZB)—
a
in paragraph (a) for “widow’s pension” substitute “pension payable to a woman in respect of the services of her deceased male spouse”, and
b
in paragraph (b)—
i
for a “widower’s” substitute “any other surviving spouse’s”, and
ii
“for wife’s” substitute “spouse’s”.
3
In subsection (5ZC)—
a
for paragraph (a) substitute—
a
does not apply to—
i
a pension payable to a woman in respect of the services of her deceased male spouse; or
ii
a pension payable to a man in respect of the services of his deceased female spouse,
in respect of any service of the deceased spouse if that deceased spouse’s pension in respect of that service became payable before 24 July 1990;
b
in paragraph (b), before “surviving civil partner’s” insert “pension due to a surviving spouse who was married to someone of the same sex and a”.
4
In subsection (7)136, omit the definition of “widower’s pension”.
Pensions Increase (Review) Orders 1979 to 19903
In article 2 (interpretation) of each of—
a
the Pensions Increase (Review) Order 1979,
b
the Pensions Increase (Review) Order 1980,
c
the Pensions Increase (Review) Order 1981,
d
the Pensions Increase (Review) Order 1982,
e
the Pensions Increase (Review) Order 1983,
f
the Pensions Increase (Review) Order 1984,
g
the Pensions Increase (Review) Order 1985,
h
the Pensions Increase (Review) Order 1986,
i
the Pensions Increase (Review) Order 1987,
j
the Pensions Increase (Review) Order 1988,
k
the Pensions Increase (Review) Order 1989, and
l
the Pensions Increase (Review) Order 1990,
in the definition of “widow’s pension”, for “in respect” to the end substitute “to a woman in respect of the services of her deceased male spouse.”.
Social Security Contributions and Benefits Act 19924
1
Schedule 5 to the Social Security Contributions and Benefits Act 1992 (pension increase or lump sum where entitlement to retirement pension is deferred) is amended as follows.
2
In paragraph 5(2)—
a
in paragraph (a), for “widow” substitute “woman whose deceased spouse was a man”,
b
in paragraph (b), for “widower” substitute “man whose deceased spouse was a woman”, and
c
for paragraph (c) substitute—
c
where W is—
i
a woman whose deceased spouse was a woman,
ii
a man whose deceased spouse was a man, or
iii
a surviving civil partner,
an amount equal to the sum of the amounts set out in paragraph 6A(2) below.
3
In paragraph 5A(1), for “widow” substitute “woman whose deceased spouse was a man”.
4
In paragraph 6(1), for “widower” substitute “man whose deceased spouse was a woman”.
5
In paragraph 6A137—
a
for sub-paragraph (1) substitute—
1
This paragraph applies where W (referred to in paragraph 5 above) is—
a
a woman whose deceased spouse was a woman,
b
a man whose deceased spouse was a man, or
c
a surviving civil partner.
b
in sub-paragraph (2)(c), before “civil partner” insert “spouse or”.
Occupational Pension Schemes (Contracting-out) Regulations 19965
1
The Occupational Pension Schemes (Contracting-out) Regulations 1996 are amended as follows.
2
In regulation 55(1) (scheme rules about guaranteed minimum pensions)—
a
in sub-paragraph (b), for the words from “widow” to “appointed day” substitute “widow of the earner under the scheme in respect of the earner’s service before the principal appointed day, in a case where the earner is a man,”, and
b
in sub-paragraph (c), for the words from “widower” to “appointed day” substitute “widower or surviving civil partner of the earner under the scheme in respect of the earner’s service before the principal appointed day, or to any widow of the earner under the scheme in respect of that service in a case where the earner is a woman,”.
3
In regulation 69B(3) (conversion of guaranteed minimum pensions into other benefits: survivors’ benefits)—
a
in sub-paragraph (c), for “widows” substitute “widows whose spouse was a man”, and
b
in sub-paragraph (d), for “widowers” substitute “widowers, widows whose spouse was a woman”.
Occupational Pension Schemes (Modification of Schemes) Regulations 20066
1
The Occupational Pension Schemes (Modification of Schemes) Regulations 2006 are amended as follows.
2
In regulation 3(i) (non-application of the subsisting rights provisions), for “widow or widower”, in both places it occurs, substitute “woman whose deceased spouse was a man, or a man whose deceased spouse was a woman”.
3
In regulation 7(1) (modification of schemes: surviving civil partners), for “widow or widower”, in both places it occurs, substitute “woman whose deceased spouse was a man, or a man whose deceased spouse was a woman”.
PART 2Enactments etc. (public service pension schemes)
Armed Forces Pension Scheme Order 20057
In each of rules E.3(6)(a), E.4(3)(a) and E.5(3)(a) in Part E of Schedule 1 to the Armed Forces Pension Scheme Order 2005138, 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
8
1
Part E of Schedule 1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (death benefits) is amended as follows.
2
In rule E.1 (surviving spouse’s or civil partner’s pensions)—
a
for paragraph (3)(c) substitute—
c
the member was a man and was married to a woman whom he leaves a widow.
b
for paragraph (5)(c) substitute—
c
the member—
i
was a woman and was married to a man whom she leaves a widower;
ii
was married to a person of the same sex and leaves that person as a surviving spouse; or
iii
leaves a surviving civil partner.
3
In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—
d
the member was a man and was married to a woman whom he leaves a widow.
9
In 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), 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 his death was a man married to a woman;
b
the deceased person was in service on or after 6th April 1978, married after discharge, and at the time of his death was a man married to a woman;
10
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 a man who was in service on or after 31st March 1973, and at the time of his death was married to a woman whom he 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 that person’s death was either married to a person of the same sex or 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
11
1
Part E of Schedule 1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (death benefits) is amended as follows.
2
In rule E.1 (surviving spouse’s or civil partner’s pensions)—
a
for paragraph (3)(c) substitute—
c
the member was a man and was married to a woman whom he leaves a widow.
b
for paragraph (5)(c) substitute—
c
the member—
i
was a woman and was married to a man whom she leaves a widower;
ii
was married to a person of the same sex and leaves that person as a surviving spouse; or
iii
leaves a surviving civil partner.
3
In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—
d
the member was a man and was married to a woman whom he leaves a widow.
12
In 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), 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 his death was a man married to a woman;
b
the deceased person was in service on or after 6th April 1978, married after discharge, and at the time of his death was a man married to a woman;
13
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 a man who was in service on or after 31st March 1973, and at the time of his death was married to a woman whom he 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 that person’s death was either married to a person of the same sex or 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
14
1
Part E of Schedule 1 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (death benefits) is amended as follows.
2
In rule E.1 (surviving spouse’s or civil partner’s pensions)—
a
for paragraph (3)(c) substitute—
c
the member was a man and was married to a woman whom he leaves a widow.
b
for paragraph (5)(c) substitute—
c
the member—
i
was a woman and was married to a man whom she leaves a widower;
ii
was married to a person of the same sex and leaves that person as a surviving spouse; or
iii
leaves a surviving civil partner.
3
In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—
d
the member was a man and was married to a woman whom he leaves a widow.
15
In 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), 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 his death was a man married to a woman;
b
the deceased person was in service on or after 6th April 1978, married after discharge, and at the time of his death was a man married to a woman;
16
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 a man who was in service on or after 31st March 1973, and at the time of his death was married to a woman whom he 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 that person’s death was either married to a person of the same sex or 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.
17
1
Pension schemes referred to in the first column of the table at sub-paragraph (2) are amended in the appropriate place as specified in the second column by the insertion of—
a
the following provision, with the number 1 substituted by the appropriate number specified in the third column—
Marriage of a same sex couple1
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.
4
Paragraph 1 of Schedule 3 to the Marriage (Same Sex Couples) Act 2013 does not apply to the interpretation of this Scheme.
5
Section 11(1) and (2) of, and paragraph 3 of Schedule 3 to, that Act have effect subject to paragraphs (1) to (3).
b
the following provision, with the number 2 substituted by the appropriate number specified in the fourth column—
Living together as a same sex couple2
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 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.
4
Paragraph 2 of Schedule 3 to the Marriage (Same Sex Couples) Act 2013 does not apply to the interpretation of this Scheme.
5
Section 11(1) and (2) of, and paragraph 3 of Schedule 3 to, that Act have effect subject to paragraphs (1) to (3).
2
The table referred to in sub-paragraph (1) is as set out below—
Pension scheme | Provision after which wording in paragraph 17 is inserted | New numbering for (a) in paragraph 17 | New numbering for (b) in paragraph 17 |
|---|---|---|---|
The Firefighters’ Pension Scheme139 set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in England | Schedule 1, Part 2: Expressions related to National Insurance and Social Security Acts | Part 3: Provision relating to same sex couples, rule 1 | Part 3: Provision relating to same sex couples, rule 2 |
The Firefighters’ Pension (Wales) Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in Wales140 | Schedule 1, Part 2: Expressions related to National Insurance and Social Security Acts | Part 3: Provision relating to same sex couples, rule 1 | Part 3: Provision relating to same sex couples, rule 2 |
The Local Government Pension Scheme Regulations 1997141 | Regulation 42A | Regulation 42B | Regulation 42C |
The New Firefighters’ Pension Scheme (England)142 | Part 1, rule 3 | Rule 4 | Rule 5 |
The New Firefighters’ Pension Scheme (Wales)143 | Part 1, rule 3 | Rule 4 | Rule 5 |
Teachers’ Pensions Regulations 2010144 | Regulation 2 | Regulation 2A | Regulation 2B |
The Royal Mail Statutory Pension Scheme145 | Part 1, rule 2 | Rule 2A | Rule 2B |