General regulations as to administration of Part IIIE+W+S
[F138ARegulations about relevant gender change casesE+W+S
(1)The Secretary of State may, by regulations, make provision for—
(a)section 17,
(b)[F2section 24D,] or
(c)section 37,
to have its special effect in relevant gender change cases only if conditions prescribed in the regulations are met.
(2)Regulations under subsection (1) may, in particular, prescribe conditions that relate to the provision of information by—
(a)one or both of the members of married same sex couples, or
(b)the survivors of such couples.
(3)The Secretary of State may, by regulations, make further provision about cases where (because of regulations under subsection (1))—
(a)section 17,
(b)[F3section 24D,] or
(c)section 37,
does not have its special effect in relevant gender change cases.
(4)Regulations under subsection (3) may, in particular, provide for the section in question to have its ordinary effect in relevant gender change cases.
(5)Regulations under subsection (1) or (3) may, in particular, modify or disapply any enactment that concerns information relating to—
(a)the gender or sex of a person, or
(b)the change of gender or sex of a person,
including any enactment that concerns requests for, or disclosure of, such information.
(6)In this section, in relation to section 17 [F4, 24D] or 37—
(a)“relevant gender change case” has the same meaning as in that section;
(b)“special effect” means the effect which the section has (if regulations under subsection (1) of this section are ignored) in relation to relevant gender change cases, insofar as that effect is different from the section's ordinary effect;
(c)“ordinary effect” means the effect which the section has in relation to same sex married couples in cases that are not relevant gender change cases.]
Textual Amendments
F1S. 38A inserted (E.W.) (30.6.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 23; S.I. 2014/1662, art. 3(a)
F2S. 38A(1)(b) omitted (28.4.2022 for specified purposes) by virtue of Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022 (c. 33), ss. 1(8)(a), 3(4)(a)
F3S. 38A(3)(b) omitted (28.4.2022 for specified purposes) by virtue of Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022 (c. 33), ss. 1(8)(b), 3(4)(a)
F4Word in s. 38A(6) omitted (28.4.2022 for specified purposes) by virtue of Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022 (c. 33), ss. 1(8)(c), 3(4)(a)
Modifications etc. (not altering text)
C1S. 38A extended (S.) (16.11.2015) by Pension Schemes Act 2015 (c. 8), ss. 81, 89(1)(d) (with s. 87); S.I. 2015/1851, reg. 2(b)
39 General power to make regulations.E+W+S
Schedule 2 shall have effect for enabling regulations to be made in relation to the operation and administration of this Part, and Part I of that Schedule has effect as respects occupational pension schemes F5...
Textual Amendments
F5Words in s. 39 omitted (6.4.2012) by virtue of The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) Order 2011 (S.I. 2011/1730), arts. 1(2)(b), 5(7)
Commencement Information
I1Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2