The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014

Article 4

SCHEDULE 1 S MEANING OF MARRIAGE AND RELATED EXPRESSIONS: SCOTLAND

PART 1 S

Meaning of marriage and related expressions: Scotland S

1.—(1) In the reserved law of Scotland, marriage has the same effect in relation to same sex couples as it has in relation to opposite sex couples.

(2) The reserved law of Scotland (including all Scottish legislation whenever passed or made) has effect in accordance with paragraph (1).

(3) For provision about limitations on the effect of paragraph 1(1) and (2) and paragraphs 2 to 4 of this Schedule, see paragraphs 1 to 3 of Schedule 2.

(4) In this Schedule, the “reserved law of Scotland” means the law of Scotland but not law that would, if contained in an Act of the Scottish Parliament, be within the legislative competence of that Parliament.

(5) In this Schedule, an expression set out in an entry in the first column of this table has the meaning given in the corresponding entry in the second column.

Expression	Meaning
primary legislation	an Act of Parliament
subordinate legislation	any Order in Council, order, rules, regulations, schemes, warrants, byelaws and other instruments made under primary legislation
Scottish legislation	primary legislation and subordinate legislation which forms part of the law of Scotland (whether or not it also forms part of the law of another jurisdiction) but not legislation that would, if contained in an Act of the Scottish Parliament, be within the legislative competence of that Parliament

Commencement Information

I1 Sch. 1 para. 1 in force at 16.12.2014, see art. 1(2)

PART 2 S GENERAL INTERPRETATION

Interpretation: existing Scottish legislation S

2.—(1) In existing Scottish legislation—

(a) a reference to marriage is to be read as including a reference to marriage of a same sex couple;

(b) a reference to a married couple is to be read as including a reference to a married same sex couple;

(c) a reference to a person who is married is to be read as including a reference to a person who is married to a person of the same sex.

(2) In existing Scottish legislation—

(a) a reference to persons who are not married but are living together as a married couple 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;

(b) a reference to a person who is living with another person as if they were married 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.

(3) Where sub-paragraph (1) or (2) requires a reference to be read in a particular way, any related reference (such as a reference to a marriage that has ended, or a reference to a person whose marriage has ended) is to be read accordingly.

(4) For the purposes of sub-paragraphs (1) to (3) it does not matter how the reference is expressed.

(5) Sub-paragraph (6) applies to existing Scottish legislation which deals differently with—

(a) a man and a woman living together as if married; and

(b) two men, or two women, living together as if civil partners.

(6) If two men, or two women, are living together as if married, that legislation applies to them in the way that it would apply to them if they were living together as civil partners.

(7) This paragraph does not limit paragraph 1(1) or 1(2).

Commencement Information

I2 Sch. 1 para. 2 in force at 16.12.2014, see art. 1(2)

Interpretation: new Scottish legislation S

3.—(1) This paragraph applies to provision made by—

(a) this order; or

(b) new Scottish legislation.

(2) The following expressions have the meanings given—

(a) “husband” includes a man who is married to another man;

(b) “wife” includes a woman who is married to another woman;

(c) “widower” includes a man whose marriage to another man ended with the other man’s death;

(d) “widow” includes a woman whose marriage to another woman ended with the other woman’s death,

and related expressions are to be construed accordingly.

(3) A reference to marriage of same sex couples is a reference to—

(a) marriage between two men; or

(b) marriage between two women.

(4) A reference to a marriage of a same sex couple is a reference to—

(a) a marriage between two men; or

(b) a marriage between two women.

(5) A reference to a same sex couple who are not married but are living together as a married couple is a reference to—

(a) two men who are not married but are living together as a married couple; or

(b) two women who are not married but are living together as a married couple.

(6) This paragraph does not limit paragraph 1(1) or (2).

Commencement Information

I3 Sch. 1 para. 3 in force at 16.12.2014, see art. 1(2)

Definitions S

4.  In this Schedule—

“existing Scottish legislation” means—

(a)

in the case of Scottish legislation that is primary legislation, legislation passed on or before the day on which section 4 of the 2014 Act comes into force;

(b)

in the case of Scottish legislation that is subordinate legislation, legislation that is made on or before that day;

“new Scottish legislation” means—

(a)

in the case of Scottish legislation that is primary legislation, legislation passed after the day on which section 4 of the Marriage and Civil Partnership (Scotland) Act 2014 comes into force;

(b)

in the case of Scottish legislation that is subordinate legislation, legislation that is made after that day.

Commencement Information

I4 Sch. 1 para. 4 in force at 16.12.2014, see art. 1(2)

Article 5(1)

SCHEDULE 2 S CONTRARY PROVISION

PART 1 S CONTRARY PROVISION (GENERAL)

Contrary provision: general S

1.  Paragraph 1(1) and (2) and paragraphs 2 to 4 of Schedule 1 are subject to any contrary provision made by—

(a) the following provisions of this Schedule;

(b) any new Scottish legislation,

including any such contrary provision contained in amendments of existing Scottish legislation.

Commencement Information

I5 Sch. 2 para. 1 in force at 16.12.2014, see art. 1(2)

Contrary provision: EU instruments S

2.  Paragraph 1(1) and (2) and paragraphs 2 to 4 of Schedule 1 do not apply to EU instruments.

Commencement Information

I6 Sch. 2 para. 2 in force at 16.12.2014, see art. 1(2)

Contrary provision: private Acts S

3.  Paragraph 1(1) and (2) and paragraphs 2 to 4 of Schedule 1 do not apply to a private Act made before the day on which section 4 of the 2014 Act comes into force which—

(a) vests property;

(b) provides for the use, disposal or devolution of property; or

(c) establishes a body or regulates the purposes and administration of a body (whether the body is incorporated or not and whether it is a charitable body or not).

Commencement Information

I7 Sch. 2 para. 3 in force at 16.12.2014, see art. 1(2)

PART 2 S DISAPPLICATION OF SCHEDULE 1 IN RESPECT OF ROYAL TITLES AND PEERAGES

Provision disapplying the effect of Schedule 1 etc. in respect of the common law S

4.—(1) Paragraph 1(1) and (2) of Schedule 1 do not affect any rule of 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) Paragraph 1(1) and (2) of Schedule 1 does not affect any rule of 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.

Commencement Information

I8 Sch. 2 para. 4 in force at 16.12.2014, see art. 1(2)

PART 3 S ENACTMENTS ETC. (GENERAL)

Provision to which Schedule 1 is subject S

5.—(1) Paragraph 1(1) and (2) of Schedule 1 have effect subject to sub-paragraph (2) of this article.

(2) In applying 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 2005(1) for the purposes of calculating death benefits payable under rules E1 and E2, 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.

Commencement Information

I9 Sch. 2 para. 5 in force at 16.12.2014, see art. 1(2)

Provision disapplying the effect of Schedule 1 in respect of enactments S

6.  Paragraph 1(1) and (2) and paragraphs 2 to 4 of Schedule 1 do not apply to—

(a) the Treason Act 1351(2);

(b) the Crown Private Estate Act 1800(3);

(c) section 60 of the Government Annuities Act 1929(4);

(d) the War Pensions (Coastguards) Scheme 1944(5);

(e) the Civil Aviation (Births, Deaths and Missing Persons) Regulations 1948(6);

(f) the Airways Corporations (General Staff Pensions) Regulations 1948(7);

(g) the Airways Corporations (Pilots Pensions) Regulations 1951(8);

(h) the Airways Corporations (Radio, Navigating and Engineer Officers Pensions) Regulations 1953(9);

(i) the Airways Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1957(10);

(j) the British Transport Reorganisation (Pensions of Employees) (No. 2) Order 1962(11);

(k) the Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) (No. 2) Regulations 1963(12);

(l) the Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1967(13);

(m) the Harbour Reorganisation (Compensation to Employees) Regulations 1967(14);

(n) the British Transport (Compensation to Employees) Regulations 1970(15);

(o) sections 1, 3(7)(a) and 6 and the definition of widow’s pension in section 17(1) of the Pensions (Increase) Act 1971(16);

(p) the Transport Holding Company (Compensation to Employees) Regulations 1972(17);

(q) section 59(5ZB)(a) and (b) and (5ZC)(a) of the Social Security Pensions Act 1975(18);

(r) the Vehicle and Driving Licences (Compensation to Officers) Regulations 1977(19);

(s) articles 2 and 3 of the Pensions Increase (Review) Order 1979(20);

(t) the National Freight Corporation (Central Trust) (Amendment) Order 1980(21);

(u) articles 2 and 3 of the Pensions Increase (Review) Order 1980(22);

(v) articles 2 and 3 of the Pensions Increase (Review) Order 1981(23);

(w) articles 2 and 3 of the Pensions Increase (Review) Order 1982(24);

(x) articles 2 and 3 of the Pensions Increase (Review) Order 1983(25);

(y) articles 2 and 3 of the Pensions Increase (Review) Order 1984(26);

(z) articles 2 and 3 of the Pensions Increase (Review) Order 1985(27);

(aa) articles 2 and 3 of the Pensions Increase (Review) Order 1986(28);

(bb) articles 2 and 3 of the Pensions Increase (Review) Order 1987(29);

(cc) the Judicial Pensions (Widows’ and Children’s Benefits) Regulations 1987(30);

(dd) articles 2 and 3 of the Pensions Increase (Review) Order 1988(31);

(ee) articles 2 and 3 of the Pensions Increase (Review) Order 1989(32);

(ff) articles 2 and 3 of the Pensions Increase (Review) Order 1990(33);

(gg) the Judicial Pensions (Widowers’ and Children’s Benefits) Regulations 1991(34);

(hh) paragraphs 5(2)(35), 5A(36) and 6(37) of Schedule 5 to the 1992 Act(38);

(ii) the Railways Pension Scheme Order 1994(39);

(jj) the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994(40);

(kk) the British Coal Staff Superannuation Scheme (Modification) Regulations 1994(41);

(ll) the Mineworkers’ Pension Scheme (Modification) Regulations 1994(42);

(mm) the Industry-Wide Coal Staff Superannuation Scheme Regulations 1994(43);

(nn) the Industry-Wide Mineworkers’ Pension Scheme Regulations 1994(44);

(oo) regulations 55(1) and 69B(3)(c) and (d) of the Occupational Pension Schemes (Contracting-out) Regulations 1996(45);

(pp) the Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001(46);

(qq) section 299 of the Pensions Act 2004(47) and the relevant provisions of the reciprocal agreement with Australia (within the meaning of that section) as continued in force by that section;

(rr) regulations 3(i) and 7(1) of the Occupational Pension Schemes (Modification of Schemes) Regulations 2006(48);

(ss) 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 2010(49);

(tt) 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 2010(50);

(uu) 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 2010(51);

(vv) Schedule 1, Part D, rule D.3, paragraph (4) and Schedule 2, Part C, rule C.2, paragraphs (4)(d) and (5)(d) to the Reserve Forces Non Regular Payment Permanent Staff (Pensions and Attributable Benefits Schemes) Regulations 2011(52);

(ww) the Royal Mail Statutory Pension Scheme(53).

Commencement Information

I10 Sch. 2 para. 6 in force at 16.12.2014, see art. 1(2)

Article 5(2)

SCHEDULE 3 S CONSEQUENTIAL MODIFICATIONS TO ENACTMENTS ETC. AS A RESULT OF CONTRARY PROVISION MADE BY SCHEDULE 2

ENACTMENTS ETC. (GENERAL) S

Pensions (Increase) Act 1971 S

1.—(1) The Pensions (Increase) Act 1971(54) 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”.

Commencement Information

I11 Sch. 3 para. 1 in force at 16.12.2014, see art. 1(2)

Pensions Increase (Review) Orders 1979 to 1990 S

2.  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.”(55).

Commencement Information

I12 Sch. 3 para. 2 in force at 16.12.2014, see art. 1(2)

Occupational Pension Schemes (Contracting-out) Regulations 1996 S

3.—(1) The Occupational Pension Schemes (Contracting-out) Regulations 1996(56) 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”.

Commencement Information

I13 Sch. 3 para. 3 in force at 16.12.2014, see art. 1(2)

Occupational Pension Schemes (Modification of Schemes) Regulations 2006 S

4.—(1) The Occupational Pension Schemes (Modification of Schemes) Regulations 2006(57) 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”.

Commencement Information

I14 Sch. 3 para. 4 in force at 16.12.2014, see art. 1(2)

Article 5(3)

SCHEDULE 4 E+W+S CONSEQUENTIAL MODIFICATION OF THE SOCIAL SECURITY PENSIONS ACT 1975 AND THE SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992

Social Security Pensions Act 1975 S

1.—(1) Section 59 of the Social Security Pensions Act 1975(58) (increase of official pensions) is amended as follows.

(2) In subsection (5ZA)(59)—

(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”.

(3) In subsection (5ZB)(60)—

(a) for paragraph (a) substitute—

“(a) in the case of a pension payable to a woman in respect of the services—

(i) of her deceased male spouse; or

(ii) of her deceased female spouse in a relevant gender change case;

one half of the rate of the deceased spouse’s guaranteed minimum pension at the relevant time;”,

(b) in paragraph (b)—

(i) for “a widower’s” substitute “any other surviving spouse’s”; and

(ii) for “wife’s” substitute “spouse’s”.

(4) In subsection (5ZC)(61)—

(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;

(ii) a pension payable to a man in respect of the services of his deceased female spouse;

(iii) a pension payable to a woman in respect of the services of her deceased female spouse in a relevant gender change case; or

(iv) a pension payable to a man in respect of the services of his deceased male spouse in a relevant gender change case,

in respect of any service of the deceased spouse if that deceased spouse’s pension in respect of that service became payable before 24th July 1990;”, and

(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 (other than a pension within paragraph (a)(iii) or (iv)) and a”.

(5) In subsection (7)(62)—

(a) after the definition of “lump sum” insert—

““relevant gender change case” means a case where—

(a)

the deceased spouse was a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b)

the marriage of the deceased spouse and the surviving spouse (that ends with the deceased spouse’s death) subsisted before the time when the certificate was  issued,”; and

(b) omit the definition of “widower’s pension”.

Commencement Information

I15 Sch. 4 para. 1 in force at 16.12.2014, see art. 1(2)

Social Security Contributions and Benefits Act 1992 E+W+S

2.—(1) The 1992 Act(63) is amended as follows.

(2) For section 36(2)(64) (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)(65) (widowed mother’s allowance)—

(a) after paragraph (a) insert “or”; and

(b) 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)(66) (widow’s pension)—

(a) after paragraph (b) insert “or”; and

(b) 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)(67) (widowed parent’s allowance)—

(a) after paragraph (a) insert “or”; and

(b) 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)(68) (bereavement allowance where no dependent children)—

(a) after paragraph (a) insert “or”; and

(b) 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 48 (Use of former spouse’s contributions), after subsection (4) insert—

“(5) For the purposes of this section, a civil partnership is not to be treated as having terminated by reason of its having been—

(a) converted into a marriage under section 9 of the Marriage (Same Sex Couples) Act 2013;

(b) changed into a marriage under the Marriage (Scotland) Act 1977;

(c) changed into a marriage in accordance with provision made under section 10 of the Marriage and Civil Partnership (Scotland) Act 2014; or

(d) changed into a marriage under Part 5 of the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014.”.

(8) In section 48A (Category B retirement pension for married person)(69)—

(a) in subsection (2ZA)—

(i) in paragraph (a), for “married man who” substitute “man married to a woman and the spouse”;

(ii) after paragraph (b) insert—

“(c) in a case where the spouse is a woman born before 6th April 1945 who is married to a woman and subsection (2ZB) applies, the conditions specified in Schedule 3, Part 1, paragraph 5;

(d) in a case where the spouse is a woman born on or after 6th April 1945 but before 6th April 1950 who is married to a woman and subsection (2ZB) applies, the condition specified in Schedule 3, Part 1, paragraph 5A.”; and

(b) after subsection (2ZA) insert—

“(2ZB) This subsection applies where—

(a) the spouse is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b) the marriage subsisted before the time when that certificate was issued.”.

(9) In section 48B(1ZA) (category B retirement pension for widows and widowers)(70)—

(a) in paragraph (a)(ii), after “date” in the second place where it occurs insert “and the case does not fall within paragraph (c)”;

(b) after paragraph (b) insert—

“(c) in a case where—

(i) the spouse died on or after 6th April 2010;

(ii) the spouse was born on or after 6th April 1945 but before 6th April 1950;

(iii) the spouse was, at the time of her death, a woman and the pensioner in question is a woman; and

(iv) subsection (1ZB) applies,

the condition specified in Schedule 3, Part 1, paragraph 5A.”; and

(c) after subsection (1ZA) insert—

“(1ZB) This subsection applies where—

(a) the spouse was, at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b) the marriage subsisted before the time when that certificate was issued.”.

(10) In section 51(71) (category B retirement pension for widowers)—

(a) after subsection (1) insert—

“(1ZA) A party to a marriage of a same sex couple shall be entitled to a Category B retirement pension if—

(a) the other party has died and they were married to each other at the time of that death;

(b) they were both over pensionable age at the time of that death; and

(c) before that death the deceased party satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part 1, paragraph 5.”; and

(b) in subsection (2), after “wife” insert “, husband”; and

(c) in subsection (3), after “2002” insert “, surviving party to a same sex marriage.”.

(11) In section 62(72)(graduated retirement benefit)—

(a) in subsection (1), after paragraph (ac) insert—

“(ad) for extending section 37 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to—

(i) men and their late husbands; and

(ii) women and their late wives,

and for that section (except subsection (5)) so to apply as it applies to women and their late husbands;

(ae) for extending section 37 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to—

(i) men and their late husbands; and

(ii) women and their late wives,

who attained pensionable age before 6th April 2010 and for that section (except subsection (5)) so to apply as it applies to men and their late wives;”;

(b) after subsection (2) insert—

“(3) In relevant gender change cases, women and their late wives are to be treated for the purposes of sections 36 and 37 of the National Insurance Act 1965 in the same way as women and their late husbands.

(4) For that purpose “relevant gender change case”, in relation to a woman (“the pensioner”) and her late wife, means a case where—

(a) the late wife was, at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b) the marriage of the pensioner and her late wife subsisted before the time when the certificate was issued.”.

(12) In section 122(73) (interpretation of Parts 1 to 6 and supplementary provisions), omit subsection (1A).

(13) In section 137(74) (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;”; and

(b) omit subsection (1A).

(14) In paragraph 5A of Schedule 3(75)—

(a) at the end of sub-paragraph (1)(b) insert “or in a case of the kind mentioned in subsection (2ZA)(d) of that section”; and

(b) at the end of sub-paragraph (1)(c) insert “or in a case of the kind mentioned in subsection (1ZA)(c) of that section”.

(15) In paragraph 5(2) of Schedule 5 (pension increase or lump sum where entitlement to retirement pension is deferred)(76)—

(a) for paragraph (a), substitute—

“(a) where W is a woman—

(i) whose deceased spouse was a man; or

(ii) who falls within paragraph 7(3) below,

an amount equal to the sum of the amounts set out in paragraph 5A(2) or (3) below (as the case may be),”;

(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 who does not fall within paragraph 7(3) below and 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.”.

(16) In paragraph 5A(77)—

(a) for sub-paragraph (1) substitute—

“(1) This paragraph applies where W (referred to in paragraph 5 above) is a woman—

(a) whose deceased spouse was a man; or

(b) who falls within paragraph 7(3) below.”, and

(b) in sub-paragraphs (2) and (3), for “husband” in each place it appears substitute “spouse”.

(17) In paragraph 6(1)(78), for “widower” substitute “man whose deceased spouse was a woman”.

(18) In paragraph 6A(79)—

(a) For sub-paragraph (1) substitute—

“(1) This paragraph applies where W (referred to in paragraph 5 above) is—

(a) a woman who does not fall within paragraph 7(3) below and whose deceased spouse was a woman;

(b) a man whose deceased spouse was a man; or

(c) a surviving civil partner.”, and

(b) in sub-paragraph (2)(c), before “civil partner” insert “spouse or”.

(19) In paragraph 7(80), after sub-paragraph (2) insert—

“(3) For the purposes of paragraphs 5, 5A and 6A above, a woman falls within this sub-paragraph if—

(a) she was married to another woman who, at the time of her death, was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b) that marriage subsisted before the time when that certificate was issued.”.

(20) In Schedule 7(81) (industrial injuries benefits)—

(a) in paragraph 4(3)(a) (increase for beneficiary’s dependent children and qualifying young persons)—

(i) after sub-paragraph (i) insert “or”; and

(ii) 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”, and;

(b) in paragraph 15(3) (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.”.

Commencement Information

I16 Sch. 4 para. 2 in force at 16.12.2014, see art. 1(2)

Article 29

SCHEDULE 5 U.K. CONSEQUENTIAL MODIFICATIONS TO PRIMARY LEGISLATION

Pensions Commutation Act 1871 S

1.  In section 4 of the Pensions Commutation Act 1871(82) (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:”.

Commencement Information

I17 Sch. 5 para. 1 in force at 16.12.2014, see art. 1(2)

Local Government (Emergency Provisions) Act 1916 S

2.  For section 2 of the Local Government (Emergency Provisions) Act 1916(83) (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.”.

Commencement Information

I18 Sch. 5 para. 2 in force at 16.12.2014, see art. 1(2)

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 S

3.  In the closing words of section 46(3) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951(84) (payments to make up civil remuneration), for “his widow” substitute “that person’s surviving spouse, surviving civil partner”.

Commencement Information

I19 Sch. 5 para. 3 in force at 16.12.2014, see art. 1(2)

Transport Act 1962 S

4.  In section 65(5) of the Transport Act 1962(85) (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.”.

Commencement Information

I20 Sch. 5 para. 4 in force at 16.12.2014, see art. 1(2)

National Insurance Act 1965 S

5.—(1) In section 37(1) of the National Insurance Act 1965(86) (special provisions as to graduated retirement benefit for widows, widowers and surviving civil partners), as that section has effect in relation to a survivor who attained pensionable age on or after 6th April 2010(87), after “widower”, in each place it occurs, insert “, surviving same sex spouse”.

(2) In section 37(1) of that Act, as that section has effect in relation to a survivor who attained pensionable age before 6th April 2010, after paragraph (c) insert—

“or

(d) where a man, having paid graduated contributions as an insured person, dies leaving a widower, and they have both attained pensionable age at the time of his death; or

(e) where a woman, having paid graduated contributions as an insured person, dies leaving a widow, and they both attained pensionable age at the time of her death,”.

Commencement Information

I21 Sch. 5 para. 5 in force at 16.12.2014, see art. 1(2)

Transport Act 1978 S

6.  In section 21 of the Transport Act 1978(88) (travel concessions for transferred employees), for “widows” substitute “surviving spouses, surviving civil partners”.

Commencement Information

I22 Sch. 5 para. 6 in force at 16.12.2014, see art. 1(2)

Pneumoconiosis etc. (Workers’ Compensation) Act 1979 S

7.  In section 3 of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979(89) (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.”; and

(b) omit subsection (2B).

Commencement Information

I23 Sch. 5 para. 7 in force at 16.12.2014, see art. 1(2)

Child Support Act 1991 S

8.—(1) The Child Support Act 1991(90) is amended as follows.

(2) In Schedule 1(91) (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 2000(92), in Part 1 (calculation of child support maintenance), in paragraph 6 (protected income)—

(a) in sub-paragraph (5)(b)(93), 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,”, and

(b) omit sub-paragraph (5A)(94).

(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)(95) 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.”, and

(b) omit sub-paragraph (6).

Commencement Information

I24 Sch. 5 para. 8 in force at 16.12.2014, see art. 1(2)

Social Security Administration Act 1992 S

9.  In section 15A of the Social Security Administration Act 1992(96) (payment out of benefit of sums in respect of mortgage interest etc.)—

(a) in subsection (4), 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).

Commencement Information

I25 Sch. 5 para. 9 in force at 16.12.2014, see art. 1(2)

Trade Union and Labour Relations (Consolidation) Act 1992 S

10.  In section 38(1) of the Trade Union and Labour Relations (Consolidation) Act 1992(97) (members’ superannuation schemes: separate fund to be maintained), in paragraph (a), after “widows’ ” insert “, widowers’, surviving civil partners’ ”.

Commencement Information

I26 Sch. 5 para. 10 in force at 16.12.2014, see art. 1(2)

Pension Schemes Act 1993 S

11.—(1) The Pension Schemes Act 1993(98) is amended as follows.

(2) In section 8(2) (meaning of certain terms), in the definition of “guaranteed minimum pension”, after “widower’s” insert “, surviving same sex spouse’s”.

(3) In section 17 (minimum pensions for widows and widowers)(99)—

(a) in subsection (2)—

(i) in paragraph (a), after “man” insert “, or a woman in a relevant gender change case,”; and

(ii) after paragraph (c) insert—

“(d) if the earner is a man who has a guaranteed minimum under that section, the weekly rate of the widower’s pension will not be less than the surviving same sex spouse’s guaranteed minimum;

(e) if the earner is a woman (other than in a relevant gender change case) who has a guaranteed minimum under that section, the weekly rate of the widow’s pension will not be less than the surviving same sex spouse’s guaranteed minimum.”;

(b) in subsection (4), after “partner’s” insert “or surviving same sex spouse’s;

(c) in subsection (4A)(c)(i)(100), for paragraphs (a) and (b) (but not the “nor” following paragraph (b)) substitute “another person are living together as a married couple;”;

(d) in subsection (5), at the beginning insert “In the case of a woman who is the widow of a man,”;

(e) in subsection (6)—

(i) at the beginning insert “In any other case,”; and

(ii) after “widower’s” insert “, widow’s”;

(f) for subsection (9) substitute—

“(9) In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—

(a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b) the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued.”.

(4) In section 24D (survivors’ benefits)(101)—

(a) in subsection (2), after “earner” insert “is a man married to a woman or a woman married to a woman in a relevant gender change case, and the earner”;

(b) in subsection (3)—

(i) after “earner” insert “is a married woman (other than in a relevant gender change case), a man married to a man, or a civil partner, and the earner”; and

(ii) after “widower” insert “, widow”; and

(c) after subsection (3) insert—

“(4) In relation to an earner who is a woman, a reference in this section to a relevant gender change case is a reference to a case where—

(a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b) the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued.”.

(5) In section 37 (alteration of rules of contracted-out schemes)(102) for subsection (4) substitute—

“(4) The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person who is so entitled by virtue of a qualifying relationship only in such cases as may be prescribed.

(5) For that purpose a person is entitled to receive benefits by virtue of a qualifying relationship if the person is so entitled by virtue of being—

(a) the widower of a female earner;

(b) the widower of a male earner;

(c) the widow of a female earner, except where it is a relevant gender change case; or

(d) the survivor of a civil partnership with an earner.

(6) In relation to a widow of a female earner, the reference in subsection (5)(c) to a relevant gender change case is a reference to a case where—

(a) the earner is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b) the marriage of the earner and her widow (that ends with the earner’s death) subsisted before the time when the certificate was issued.”.

(6) In section 47 (further provisions about effect of entitlement to guaranteed minimum pension on payment of social security benefits)(103), in subsection (1) after “widower” insert “, surviving same sex spouse”.

(7) In section 84 (basis of revaluation)(104), in subsection (5), after “widower” insert “, surviving same sex spouse”.

(8) In section 99(3)(b) (trustees’ duties after exercise of option)(105), for “his widow” substitute “his or her surviving spouse or civil partner”.

(9) In Schedule 3 (methods of revaluing accrued pension benefits)(106), in paragraph 1(1E)(b), after “widower” insert “, surviving same sex spouse”.

Commencement Information

I27 Sch. 5 para. 11 in force at 16.12.2014, see art. 1(2)

Jobseekers Act 1995 S

12.—(1) Section 35 of the Jobseekers Act 1995(107) (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).

Commencement Information

I28 Sch. 5 para. 12 in force at 16.12.2014, see art. 1(2)

Pensions Act 1995 S

13.  In section 124(1) of the Pensions Act 1995(108) (interpretation of Part 1), omit the definition of “civil partnership status”.

Commencement Information

I29 Sch. 5 para. 13 in force at 16.12.2014, see art. 1(2)

State Pension Credit Act 2002 S

14.—(1) Section 17 of the State Pension Credit Act 2002(109) (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).

Commencement Information

I30 Sch. 5 para. 14 in force at 16.12.2014, see art. 1(2)

Gender Recognition Act 2004 U.K.

15.—(1) The Gender Recognition Act 2004(110) is amended as follows.

(2) In section 2 (determination of applications), after subsection (3B) insert—

“(3C) This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3E.”.

(3) In section 3 (evidence), after subsection (9) (as inserted by paragraph 18 of Schedule 5 to the 2013 Act)—

“(11) This section does not apply to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3E.”.

(4) After section 3D (evidence for granting applications on alternative grounds: Scotland)insert—

“3E.    Alternative grounds for granting applications: Scotland (English and Welsh residents)

(1) This section applies to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with this section.

(2) In this section, and section 3F, in so far as those sections extend to England and Wales, “protected Scottish civil partnership” and “protected Scottish marriage” have the meanings given by section 25.

(3) The Panel must grant the application if satisfied that the applicant complies with the requirements imposed by and under section 3F and meets the conditions in subsections (4) to (7).

(4) The first condition is that the applicant was a party to a protected Scottish marriage or a protected Scottish civil partnership on or before the date the application was made.

(5) The second condition is that the applicant—

(a) was living in the acquired gender six years before the commencement of section 29 of the Marriage and Civil Partnership (Scotland) Act 2014;

(b) continued to live in the acquired gender until the date the application was made; and

(c) intends to continue to live in the acquired gender until death.

(6) The third condition is that the applicant—

(a) has or has had gender dysphoria; or

(b) has undergone surgical treatment for the purpose of modifying sexual characteristics.

(7) The fourth condition is that the applicant is ordinarily resident in England or Wales.

(8) The Panel must reject the application if not required by subsection (3) to grant it.

3F.    Evidence for granting applications on alternative grounds: Scotland (English and Welsh residents)

(1) This section applies to an application under section 1(1)(a) which states that it is an application for a certificate to be granted in accordance with section 3E.

(2) The application must include either—

(a) a report made by a registered medical practitioner; or

(b) a report made by a registered psychologist practising in the field of gender dysphoria.

(3) If the application is based on the applicant having or having had gender dysphoria—

(a) the reference in subsection (2) to a registered medical practitioner is to one practising in the field of gender dysphoria; and

(b) that subsection is not complied with unless the report includes details of the diagnosis of the applicant’s gender dysphoria.

(4) Subsection (2) is not complied with in a case where—

(a) the applicant has undergone or is undergoing treatment for the purpose of modifying sexual characteristics; or

(b) treatment for that purpose has been prescribed or planned for the applicant, unless the report required by that subsection includes details of it.

(5) The application must also include a statutory declaration by the applicant that the applicant meets the conditions in section 3E(3) and (4).

(6) The application must include—

(a) a statutory declaration as to whether or not the applicant is married or a civil partner; and

(b) any other information or evidence which the Panel which is to determine the application may require,

and may include any other information or evidence which the applicant wishes to include.

(7) If the applicant is married, the application must include a statutory declaration as to whether the marriage is a protected Scottish marriage.

(8) If the applicant is married, and the marriage is a protected Scottish marriage, the application must also include—

(a) a statutory declaration by the applicant’s spouse that the spouse consents to the marriage continuing after the issue of a full gender recognition certificate (“a statutory declaration of consent”) (if the spouse has made such a declaration); or

(b) a statutory declaration by the applicant that no such declaration by the applicant’s spouse is included.

(9) If the application includes a statutory declaration of consent by the applicant’s spouse, the Panel must give the spouse notice that the application has been made.

(10) If the Panel which is to determine the application requires information or evidence under subsection (6)(b) it must give reasons for doing so.”.

(5) In section 8 (appeals etc.), after subsection (5B) insert—

“(5C) If an application under section 4C is granted, the applicant’s spouse or civil partner may apply to the High Court to quash the decision to grant the application on the grounds that its grant was secured by fraud.”.

(6) After section 11B (change of gender of civil partners) insert—

“11C    Continuity of marriage: Scotland

(1) This section applies in relation to a protected Scottish marriage if (by virtue of section 4(3C)(a), 4C or 4E) a full gender recognition certificate is issued to a party to the marriage.

(2) The continuity of the protected Scottish marriage is not affected by the issuing of a full gender recognition certificate.

11D    Continuity of civil partnership: Scotland

The continuity of a protected Scottish civil partnership is not affected by the issuing of full gender recognition certificates (by virtue of section 4(3C)(b)) to both civil partners.”.

(7) In section 21(1A) (foreign gender change and marriage), omit “Scotland and”.

Commencement Information

I31 Sch. 5 para. 15 in force at 16.12.2014, see art. 1(2)

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 U.K.

16.  Section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(111) (immigration officer: power of arrest) is amended as follows—

(a) omit paragraph (b)(iv); and

(b) before paragraph (c), insert—

“(ba) an offence under section 24(A1) of the Marriage (Scotland) Act 1977 (c.15) (offences)(112),”.

Commencement Information

I32 Sch. 5 para. 16 in force at 16.12.2014, see art. 1(2)

Welfare Reform Act 2007 S

17.—(1) Paragraph 6 of Schedule 1 to the Welfare Reform Act 2007(113) (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).

Commencement Information

I33 Sch. 5 para. 17 in force at 16.12.2014, see art. 1(2)

Human Fertilisation and Embryology Act 2008 S

18.—(1) The Human Fertilisation and Embryology Act 2008(114) is amended as follows.

(2) In section 35 (woman married at time of treatment)—

(a) in the title to the section, after “married” insert “to a man”; and

(b) in subsection (1)(a), after “marriage” insert “with a man”.

(3) In section 40(1)(b) (embryo transferred after death of husband etc. who did not provide sperm), after “marriage” insert “with a man”.

(4) In section 42 (woman in civil partnership at time of treatment)—

(a) in the title to the section, after “partnership” insert “or marriage to a woman”; and

(b) in subsection (1)—

(i) after “partnership” where it first occurs insert “or a marriage with another woman”; and

(ii) after “partnership” where it second occurs insert “or marriage”.

(5) In section 46 (embryo transferred after death of civil partner of intended female parent)—

(a) in the title to the section, after “civil partner” insert “or wife”;

(b) in subsection (1)(b), after “partnership” insert “or marriage with another woman”;

(c) in subsection (1)(c), (d) and (e), after “partnership” in each case insert “or marriage”; and

(d) in the words after subsection (1)(f), after “partnership” insert “or marriage”.

Commencement Information

I34 Sch. 5 para. 18 in force at 16.12.2014, see art. 1(2)

Equality Act 2010 E+W+S

19.—(1) The Equality Act 2010(115) is amended as follows.

(2) In section 67(116) (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) Section 80(7)(117) (interpretation and exceptions: meaning of “civil partnership status”) is repealed.

(4) In section 110(118) (liability of employees and agents), after subsection (5B) insert—

“(5C) A does not contravene this section by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex.

(5D) A does not contravene this section by refusing to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex.

(5E) Subsections (5C) and (5D) apply only if A is an approved celebrant.

(5F) Expressions used in subsections (5C) to (5E) have the same meaning as in paragraph 25B of Schedule 3.

(5G) A chaplain does not contravene this section by refusing to solemnise a relevant Scottish forces marriage for the reason that the marriage is the marriage of two persons of the same sex.

(5H) Expressions used in subsection (5G) have the same meaning as in paragraph 25C of Schedule 3.”.

(5) In Schedule 3(119) (services and public functions: exceptions)—

(a) before paragraph 25 insert—

“PART 6ZA

MARRIAGE AND CIVIL PARTNERSHIP: SCOTLAND”,

(b) in paragraph 25, after sub-paragraph (2) insert—

“(3) An approved celebrant (A) does not contravene section 29, so far as relating to gender reassignment discrimination, only by refusing to register the civil partnership of a person (B) if A reasonably believes that B’s gender has become the acquired gender under the Gender Recognition Act 2004.

(4) In sub-paragraph (3) “approved celebrant” has the meaning given in section 94A(4)(a) of the Civil Partnership Act 2004(120).”, and

(c) after paragraph 25A insert—

“PART 6B E+W+S MARRIAGE OF SAME SEX COUPLES AND CIVIL PARTNERSHIP: SCOTLAND

25B.    Marriage of same sex couples and civil partnership: Scotland

(1) An approved celebrant does not contravene section 29 only by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex.

(2) An approved celebrant does not contravene section 29 only by refusing to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex.

(3) A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the solemnising of a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex.

(4) A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the registration of a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex.

(5) For the purposes of this paragraph, a person is an approved celebrant for the purposes of both marriage and civil partnership whether the person is an approved celebrant within the meaning of section 8(2)(a) of the Marriage (Scotland) Act 1977(121) or section 94A(4)(a) of the Civil Partnership Act 2004.

(6) In this paragraph—

“relevant Scottish civil partnership” means a religious or belief civil partnership within the meaning of section 94A(4)(b) of the Civil Partnership Act 2004;

“relevant Scottish marriage” means a religious or belief marriage of two persons of the same sex within the meaning of section 8(2)(a) of the Marriage (Scotland) Act 1977.

25C.    Marriage of same sex couples: Scottish forces marriages

(1) A chaplain does not contravene section 29 only by refusing to solemnise a relevant Scottish forces marriage according to religious rites or usages for the reason that the marriage is the marriage of two persons of the same sex.

(2) In this paragraph—

“chaplain” has the meaning given by paragraph (a) of the definition of “authorised person” in paragraph 12(2) of Schedule 6 to the Marriage (Same Sex Couples) Act 2013;

“forces marriage” has the meaning given by paragraph 12(2) of Schedule 6 to the Marriage (Same Sex Couples) Act 2013;

“relevant Scottish forces marriage” means a forces marriage of two persons of the same sex where Scotland is the relevant part of the United Kingdom within the meaning of paragraph 12 of Schedule 6 to the Marriage (Same Sex Couples) Act 2013.”.

(6) In Schedule 23 (general exceptions), in paragraph 2, after sub-paragraph (9) insert—

“(9A) An organisation does not contravene Part 3, 4 or 7 only by refusing to allow premises owned or controlled by the organisation to be used—

(a) to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex;

(b) to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex.

(9B) A person (or a group of persons) does not contravene Part 3, 4 or 7 only by refusing to allow premises owned or controlled by the person (or the group) on behalf of an organisation to be used—

(a) to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex;

(b) to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex.

(9C) An organisation does not contravene section 29 only by allowing an approved celebrant of the organisation to act as set out in sub-paragraph (1) or (2) of paragraph 25B of Schedule 3.

(9D) In sub-paragraphs (9A) to (9C), “approved celebrant”, “relevant Scottish marriage” and “relevant Scottish civil partnership” have the same meaning as in paragraph 25B of Schedule 3.”.

Commencement Information

I35 Sch. 5 para. 19 in force at 16.12.2014, see art. 1(2)

Welfare Reform Act 2012 S

20.—(1) Section 39 of the Welfare Reform Act 2012(122) (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”.

Commencement Information

I36 Sch. 5 para. 20 in force at 16.12.2014, see art. 1(2)

Marriage (Same Sex Couples) Act 2013 S

21.  Paragraphs 29 and 30 of Schedule 7 to the Marriage (Same Sex Couples) Act 2013(123) are repealed.

Commencement Information

I37 Sch. 5 para. 21 in force at 16.12.2014, see art. 1(2)

Article 29

SCHEDULE 6 S CONSEQUENTIAL MODIFICATIONS TO SECONDARY LEGISLATION

Merchant Shipping (Maintenance of Seaman’s Dependants) Regulations 1972 S

1.  In the Merchant Shipping (Maintenance of Seamen’s Dependants) Regulations 1972(124), in regulation 4(a) (expenses in respect of which a retention notice may be served), after “spouse” insert “, civil partner”.

Commencement Information

I38 Sch. 6 para. 1 in force at 16.12.2014, see art. 1(2)

Social Security Benefit (Dependency) Regulations 1977 S

2.  In paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977(125) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I39 Sch. 6 para. 2 in force at 16.12.2014, see art. 1(2)

Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 S

3.  In regulation 3(2) of the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978(126) (continuation in force of sections 36, 37 and 118(1) of the 1965 Act)—

(a) omit the “and” at the end of sub-paragraph (c); and

(b) after sub-paragraph (d) insert—

“and

(e) to extend section 37 of the 1965 Act to men and their late husbands, and women and their late wives.”.

Commencement Information

I40 Sch. 6 para. 3 in force at 16.12.2014, see art. 1(2)

Merchant Shipping (Returns of Births and Deaths) Regulations 1979 S

4.  In regulation 11 of the Merchant Shipping (Returns of Births and Deaths) Regulations 1979(127) (rules for ascertaining appropriate Registrar General)—

(a) in paragraph (2)(a), for the words from “(which” to “partnership)” substitute “(which relates to treatment provided to a woman who at the time of treatment is married to another woman, or in certain circumstances is a party to a void marriage with another woman, or party to a civil partnership or in certain circumstances a void civil partnership)”; and

(b) for paragraph (2)(b) substitute—

“(b) section 43 of that Act (which relates to treatment provided to a woman where she agrees a second woman is to be the parent of the child) where the woman—

(i) is married to, or the civil partner of, the child’s mother at the time of the child’s birth; or

(ii) was married to, or the civil partner of, the child’s mother at any time during the period beginning with the time mentioned in section 43(b) of that Act and ending with the child’s birth.”.

Commencement Information

I41 Sch. 6 para. 4 in force at 16.12.2014, see art. 1(2)

Income Support (General) Regulations 1987 S

5.  In regulation 2(1) of the Income Support (General) Regulations 1987(128) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I42 Sch. 6 para. 5 in force at 16.12.2014, see art. 1(2)

Social Security (Claims and Payments) Regulations 1987 S

6.  In regulation 2(1) of the Social Security (Claims and Payments) Regulations 1987(129) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I43 Sch. 6 para. 6 in force at 16.12.2014, see art. 1(2)

Judicial Pensions (Preservation of Benefits) Order 1988 S

7.  In article 9 of the Judicial Pensions (Preservation of Benefits) Order 1988(130) (inalienability), for “widow” substitute “surviving spouse, surviving civil partner”.

Commencement Information

I44 Sch. 6 para. 7 in force at 16.12.2014, see art. 1(2)

Judicial Pensions (Requisite Benefits) Order 1988 S

8.—(1) The Judicial Pensions (Requisite Benefits) Order 1988(131) is amended as follows.

(2) In article 4 (office-holders to whom Order applies), for “his widow” substitute “that person’s surviving spouse or surviving civil partner”.

(3) In article 7 (widow’s benefits)—

(a) in the heading, for “Widow’s” substitute “Surviving spouse’s or surviving civil partner’s”;

(b) in paragraph (1), for “his widow” substitute “that person’s surviving spouse or surviving civil partner”; and

(c) in paragraph (2), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

(4) In article 9 (widow’s guaranteed minimum pension)—

(a) for the heading, substitute “Guaranteed minimum pension for surviving spouse or surviving civil partner”;

(b) in paragraph (1)—

(i) for “his widow” substitute “that person’s surviving spouse or surviving civil partner”; and

(ii) for “her” substitute “that person’s”, and

(c) in paragraph (3), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

(5) Omit article 10 (widower’s or surviving civil partner’s guaranteed pension).

(6) In article 11(3) (ascertainment of salary for requisite benefits), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

(7) In article 12 (contribution in event of marriage during retirement)—

(a) for paragraph (1) substitute—

“(1) Where on the date when an office-holder (“O”) ceases to hold office, O is neither married, nor in a civil partnership, O may be required to undertake, in return for payment to O of a lump sum under or by virtue of whichever of the enactments mentioned in paragraph (2) below is applicable to O, that the first time O—

(a) marries (and where O has not previously entered into a civil partnership); or

(b) enters into a civil partnership (and where O has not previously married),

O will pay a contribution in respect of the benefits that may become payable to O’s surviving spouse or surviving civil partner by virtue of articles 7 and 9.”; and

(b) for paragraph (3) substitute—

“(3) The contribution referred to in paragraph (1) above shall be equal to 1 7/8 per cent of O’s final salary multiplied by the number of whole years of relevant service of O’s prior to the Principal Appointed Day which were—

(a) completed by O before O attained pensionable age; and

(b) not years—

(i) during any part of which O was married or in a civil partnership; or

(ii) preceding a marriage of O’s contracted, or a civil partnership of O’s entered into, before O ceased to hold office.”.

(8) For article 13 (marriage shortly before death), substitute—

“Marriage or entry into a civil partnership shortly before death

13.   Where an office-holder (“O”) marries or enters into a civil partnership after O has ceased to hold office, and not more than six months before O’s death, any pension paid to O’s surviving spouse or surviving civil partner by virtue of this Order shall be limited to the guaranteed minimum pension due to that person.”.

Commencement Information

I45 Sch. 6 para. 8 in force at 16.12.2014, see art. 1(2)

Child Support (Maintenance Assessments and Special Cases) Regulations 1992 S

9.  In regulation 1(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992(132) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I46 Sch. 6 para. 9 in force at 16.12.2014, see art. 1(2)

Child Support (Collection and Enforcement) Regulations 1992 S

10.  In regulation 3(9) of the Child Support (Collection and Enforcement) Regulations 1992(133) (methods of payment), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I47 Sch. 6 para. 10 in force at 16.12.2014, see art. 1(2)

Jobseeker’s Allowance Regulations 1996 S

11.  In regulation 1(3) of the Jobseeker’s Allowance Regulations 1996(134) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I48 Sch. 6 para. 11 in force at 16.12.2014, see art. 1(2)

Occupational Pension Schemes (Contracting-out) Regulations 1996 S

12.—(1) The Occupational Pension Schemes (Contracting-out) Regulations 1996(135) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation), omit paragraph (1A)(136).

(3) In regulation 26(137) (reference scheme: circumstances in which widows’, widowers’ or surviving civil partners’ pensions need not be payable)—

(a) in paragraph (1)(b), after paragraph (ii) insert “or” and for paragraphs (iii) and (iv) substitute—

“(iii) lives together as a married couple with another person whom he or she is not married to or in a civil partnership with,”,

(b) in paragraph (1)(c), for paragraphs (i) and (ii) substitute “living together as a married couple with another person whom he or she is not married to or in a civil partnership with.”; and

(c) for paragraph (2) substitute—

“(2) The following provisions do not apply where the scheme member died before 5th December 2005—

(a) paragraph (1)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex;

(b) paragraph (1)(b)(ii); and

(c) paragraph (1)(b)(iii) and (1)(c) so far as they relate to the living together of two people of the same sex.”.

(4) In regulation 57(138) (circumstances in which widower’s or surviving civil partner’s guaranteed minimum pension is to be payable)—

(a) in the heading—

(i) after “Circumstances” insert “for the purposes of section 17(6) of the 1993 Act”; and

(ii) after “widower’s” insert “, widow’s”,

(b) in the opening words, after “widower’s” insert “, widow’s”; and

(c) in paragraphs (a), (b) and (c), after “widower” in each place it occurs, insert “, widow”.

(5) In regulation 58(139) (period for which widower’s or surviving civil partner’s guaranteed minimum pension is to be payable)—

(a) in the heading—

(i) after “Period” insert “for the purposes of section 17(6) of the 1993 Act”; and

(ii) after “widower’s” insert “, widow’s”,

(b) in paragraph (1)(a) and (c), after “widower’s” insert “, widow’s”;

(c) in paragraph (2)(a), after “widower’s” insert “or widow’s”;

(d) in paragraph (2)(b), after “widower” insert “or widow”;

(e) in paragraph (2)(c)—

(i) after “widower” insert “, widow”; and

(ii) for paragraphs (i) and (ii) substitute “he or she and another person are living together as a married couple;”,

(f) in paragraph (2)(d)—

(i) after “widower” insert “or widow”;

(ii) for “he attained” substitute “he or she attained”; and

(iii) for paragraphs (i) and (ii) substitute “he or she and another person whom he or she was not married to, or in a civil partnership with, were living together as a married couple; or”,

(g) in paragraph (2)(e), for paragraphs (i) and (ii) substitute “he or she and another person whom he or she was not married to, or in a civil partnership with, were living together as a married couple.”; and

(h) for paragraph (3) substitute—

“(3) The following provisions do not apply where a man became a widower before 5th December 2005—

(a) paragraph (2)(a) so far as it relates to a marriage or remarriage involving two people of the same sex;

(b) paragraph (2)(b); and

(c) paragraphs (2)(c) and (2)(d) so far as they relate to the living together of two people of the same sex.”.

(6) In regulation 59(140) (statutory references to persons entitled to guaranteed minimum pensions: application to widowers and surviving civil partners)—

(a) in the heading, for “widowers” substitute “widowers, widows of female earners”; and

(b) for the words from “so entitled” to the end substitute—

“so entitled—

(a) by virtue of being a widower of an earner only in the case where the earner and the widower were both over pensionable age when the earner died;

(b) by virtue of being a widow of a female earner only in the case where the earner and the widow were both over pensionable age when the earner died; or

(c) by virtue of being the surviving civil partner of an earner only in the case where the earner and the surviving civil partner were both over pensionable age when the earner died.”.

(7) In regulation 69B(141) (conversion of guaranteed minimum pensions into other benefits: survivors’ benefits)—

(a) in paragraph (2)(b)(ii), for “such a widower” substitute “in a case where section 17(6) of the 1993 Act applies, such a widower’s, widow’s”;

(b) in paragraph (3)(b)(i), for sub-paragraphs (aa) and (bb) (but not the “nor” following sub-paragraph (bb)) substitute “another person are living together as a married couple,”; and

(c) for paragraph (4) substitute—

“(4) The following provisions do not apply where the earner died before 5th December 2005—

(a) paragraph (3)(b)(i) so far as it relates to the living together of two people of the same sex;

(b) paragraph (3)(b)(ii)(aa) so far as it relates to a marriage involving two people of the same sex; and

(c) paragraph (3)(b)(ii)(bb).”.

Commencement Information

I49 Sch. 6 para. 12 in force at 16.12.2014, see art. 1(2)

Contracting-out (Transfer and Transfer Payment) Regulations 1996 S

13.—(1) Schedule 2 to the Contracting-out (Transfer and Transfer Payment) Regulations 1996(142) (modifications of Part 3 of the 1993 Act) is amended as follows.

(2) In paragraph 1, in the substituted definition of “guaranteed minimum pension” for “or widower’s” substitute “, widower’s or surviving same sex spouse’s”.

(3) In paragraph 6, in the substituted definition of “guaranteed minimum pension” for “or widower’s” substitute “, widower’s or surviving same sex spouse’s”.

Commencement Information

I50 Sch. 6 para. 13 in force at 16.12.2014, see art. 1(2)

Social Security Benefit (Computation of Earnings) Regulations 1996 S

14.  In regulation 2(1) of the Social Security Benefit (Computation of Earnings) Regulations 1996(143) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I51 Sch. 6 para. 14 in force at 16.12.2014, see art. 1(2)

Social Security (Child Maintenance Bonus) Regulations 1996 S

15.  In regulation 1(2) of the Social Security (Child Maintenance Bonus) Regulations 1996(144) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I52 Sch. 6 para. 15 in force at 16.12.2014, see art. 1(2)

Occupational Pension Schemes (Discharge of Liability) Regulations 1997 S

16.—(1) The Occupational Pension Schemes (Discharge of Liability) Regulations 1997(145) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation), omit paragraph (1A).

(3) In regulation 11 (conditions on which liability to provide pensions under a relevant scheme may be discharged)—

(a) in paragraph (4)(b)—

(i) for paragraphs (iii) and (iv) substitute—

“(iii) lives together as a married couple with another person whom he or she is not married to or in a civil partnership with; or”, and

(ii) in paragraph (v), for sub-paragraphs (a) and (b) substitute “is living together as a married couple with another person whom he or she is not married to or in a civil partnership with.”, and

(b) for paragraph (7) substitute—

“(7) The following provisions do not apply where the beneficiary died before 5th December 2005—

(a) paragraph (4)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex;

(b) paragraph (4)(b)(ii); and

(c) paragraphs (iii) and (v) of paragraph (4)(b) so far as they relate to the living together of two people of the same sex.”.

Commencement Information

I53 Sch. 6 para. 16 in force at 16.12.2014, see art. 1(2)

Working Time Regulations 1998 S

17.  In Schedule 3 (enforcement) to the Working Time Regulations 1998(146), in paragraph 2(3), for “husband or wife” substitute “spouse or civil partner”.

Commencement Information

I54 Sch. 6 para. 17 in force at 16.12.2014, see art. 1(2)

Social Security and Child Support (Decisions and Appeals) Regulations 1999 S

18.  In regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(147) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I55 Sch. 6 para. 18 in force at 16.12.2014, see art. 1(2)

Social Fund Winter Fuel Payment Regulations 2000 S

19.  In regulation 1(2) of the Social Fund Winter Fuel Payment Regulations 2000(148) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I56 Sch. 6 para. 19 in force at 16.12.2014, see art. 1(2)

Child Support (Maintenance Calculations and Special Cases) Regulations 2001 S

20.  In regulation 1(2) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000(149) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I57 Sch. 6 para. 20 in force at 16.12.2014, see art. 1(2)

Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 S

21.  In regulation 1(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(150) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I58 Sch. 6 para. 21 in force at 16.12.2014, see art. 1(2)

Open-Ended Investment Companies Regulations 2001 S

22.  In regulation 13 of the Open-Ended Investment Companies Regulations 2001(151) (particulars of directors), for paragraph (4)(b)(iii) substitute—

“(iii) in the case of a married person, the name by which that person was known previous to the marriage; and”.

Commencement Information

I59 Sch. 6 para. 22 in force at 16.12.2014, see art. 1(2)

State Pension Credit Regulations 2002 S

23.  In regulation 1(2) of the State Pension Credit Regulations 2002(152) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I60 Sch. 6 para. 23 in force at 16.12.2014, see art. 1(2)

Pension Protection Fund (Compensation) Regulations 2005 S

24.  In regulation 1(2) of the Pension Protection Fund (Compensation) Regulations 2005(153) (interpretation), for the definition of “relevant partner” substitute—

““relevant partner” means a person who was not married to, or in a civil partnership with, the member but who was living with the member as if that person and the member were a married couple;”.

Commencement Information

I61 Sch. 6 para. 24 in force at 16.12.2014, see art. 1(2)

Financial Assistance Scheme Regulations 2005 S

25.  In regulation 2(1) of the Financial Assistance Scheme Regulations 2005(154) (interpretation), for the definition of “partner” substitute—

““partner” means a person who was not married to, or in a civil partnership with, the qualifying member but who was living with that member as if that person and the qualifying member were a married couple;”.

Commencement Information

I62 Sch. 6 para. 25 in force at 16.12.2014, see art. 1(2)

Social Fund Maternity and Funeral Expenses (General) Regulations 2005 S

26.  In regulation 3(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005(155) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I63 Sch. 6 para. 26 in force at 16.12.2014, see art. 1(2)

Housing Benefit Regulations 2006 S

27.  In regulation 2(1) of the Housing Benefit Regulations 2006(156) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I64 Sch. 6 para. 27 in force at 16.12.2014, see art. 1(2)

Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 S

28.  In regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(157) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I65 Sch. 6 para. 28 in force at 16.12.2014, see art. 1(2)

Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 S

29.  In regulation 1(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006(158) (interpretation), for the definition of “relevant partner” substitute—

““relevant partner” means a person who is not married to, or in a civil partnership with, the member but who is living with the member as if that person and the member were a married couple;”.

Commencement Information

I66 Sch. 6 para. 29 in force at 16.12.2014, see art. 1(2)

Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 S

30.  In Part 2 of Schedule 6 to the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 2006(159) (interpretation)—

(a) in paragraph (a) of the definition of “dependant living as a spouse”—

(i) omit “of the opposite sex”; and

(ii) after “who is not married to,” insert “or in a civil partnership with,”, and

(b) in the definition of “dependant living as a civil partner”, after “who has not” insert “married or”.

Commencement Information

I67 Sch. 6 para. 30 in force at 16.12.2014, see art. 1(2)

Occupational Pension Schemes (Modification of Schemes) Regulations 2006 S

31.—(1) The Occupational Pension Schemes (Modification of Schemes) Regulations 2006(160) are amended as follows.

(2) In regulation 3 (non-application of the subsisting rights provisions)—

(a) omit “or” after paragraph (h);

(b) at the end of paragraph (i) insert “or”; and

(c) after paragraph (i) insert—

“(j) which provides in relation to all or part of a member’s subsisting rights that after the member’s death—

(i) a surviving same sex spouse is treated in the same way as a woman whose deceased spouse was a man, or a man whose deceased spouse was a woman; and

(ii) the rights of any other survivor of the member are determined as if the surviving same sex spouse were a woman whose deceased spouse was a man, or a man whose deceased spouse was a woman.”.

(3) After regulation 7 insert—

“Modification of schemes: surviving same sex spouses

7ZA.— (1) Subject to paragraph (2), the trustees of a trust scheme may by resolution modify the scheme in relation to all or part of a member’s subsisting rights so that after the member’s death—

(a) a surviving same sex spouse is treated in the same way as a woman whose deceased spouse was a man, or a man whose deceased spouse was a woman; and

(b) the rights of any other survivor are determined as if the surviving same sex spouse were a woman whose deceased spouse was a man, or a man whose deceased spouse was a woman.

(2) A modification under paragraph (1) which confers rights on surviving same sex spouses which are in excess of what is required to comply with the relevant requirements of the Marriage (Same Sex Couples) Act 2013 and the Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership 2004 (Consequential Provisions and Modifications) Order 2014 shall not be made unless—

(a) the employer in relation to the scheme consents; or

(b) in the case of a scheme where there is more than one employer—

(i) a person nominated by the employers, or otherwise in accordance with the scheme rules, to act as the employers’ representative (the “nominee”) consents; or

(ii) where there is no such nominee, all of the employers in relation to the scheme consent other than any employer who has waived his right to give such consent.”.

Commencement Information

I68 Sch. 6 para. 31 in force at 16.12.2014, see art. 1(2)

Employment and Support Allowance Regulations 2008 S

32.  In regulation 2(1) of the Employment and Support Allowance Regulations 2008(161) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I69 Sch. 6 para. 32 in force at 16.12.2014, see art. 1(2)

Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011 S

33.  In Schedule 1 to the Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011(162) (non regular permanent staff pension scheme), in paragraph D.8 (suspension and restoration of pensions), for paragraph (4) substitute—

“(4) This paragraph applies while the surviving spouse or civil partner and another person are living together as if they were married.”.

Commencement Information

I70 Sch. 6 para. 33 in force at 16.12.2014, see art. 1(2)

Employment and Support Allowance Regulations 2013 S

34.  In regulation 2 of the Employment and Support Allowance Regulations 2013(163) (interpretation), for the definition of “couple” substitute—

““couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together as a married couple;”.

Commencement Information

I71 Sch. 6 para. 34 in force at 16.12.2014, see art. 1(2)

Pensions Increase (Review) Orders 1991 to 2009 and 2011 to 2013 S

35.  In each of—

(a) the Pensions Increase (Review) Order 1991(164);

(b) the Pensions Increase (Review) Order 1992(165);

(c) the Pensions Increase (Review) Order 1993(166);

(d) the Pensions Increase (Review) Order 1994(167);

(e) the Pensions Increase (Review) Order 1995(168);

(f) the Pensions Increase (Review) Order 1996(169);

(g) the Pensions Increase (Review) Order 1997(170);

(h) the Pensions Increase (Review) Order 1998(171);

(i) the Pensions Increase (Review) Order 1999(172);

(j) the Pensions Increase (Review) Order 2000(173);

(k) the Pensions Increase (Review) Order 2001(174);

(l) the Pensions Increase (Review) Order 2002(175);

(m) the Pensions Increase (Review) Order 2003(176);

(n) the Pensions Increase (Review) Order 2004(177);

(o) the Pensions Increase (Review) Order 2005(178);

(p) the Pensions Increase (Review) Order 2006(179);

(q) the Pensions Increase (Review) Order 2007(180);

(r) the Pensions Increase (Review) Order 2008(181);

(s) the Pensions Increase (Review) Order 2009(182);

(t) the Pensions Increase (Review) Order 2011(183);

(u) the Pensions Increase (Review) Order 2012(184); and

(v) the Pensions Increase (Review) Order 2013(185),

for article 6 (reductions in respect of guaranteed minimum pensions) substitute—

“6.   The amount by reference to which any increase in the rate of a surviving spouse’s or surviving civil partner’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse or deceased civil partner to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.”.

Commencement Information

I72 Sch. 6 para. 35 in force at 16.12.2014, see art. 1(2)

(1)

S.I. 2005/438; to which there are amendments not relevant to this Order.

(2)

1351 c.2; the Act was extended to Scotland by the Treason Act 1708, and amended by the Forgery Act 1830 (c.66), section 31, 2 and 3 Will 4 (c.34), section 1, 9 Geo 4 (c.31), section 1, 10 Geo 4 (c.34), section 1, the Escheat (Procedure) Act 1887 (c.53), the Schedule, the Statute Law Revision Act 1948 (c.62), the Criminal Law Act 1967 (c.58), Schedule 3, Part 1, the Succession to the Crown Act 2013 (c.20), the Schedule (not yet in force).

(3)

1800 c.88.

(4)

1929 c.29.

(5)

S.I. 1944/500; to which there are amendments not relevant to this Order.

(6)

S.I. 1948/1411; to which there are amendments not relevant to this Order.

(7)

S.I. 1948/2361; to which there are amendments not relevant to this Order.

(8)

S.I. 1951/527.

(9)

S.I. 1953/1296.

(10)

S.I. 1957/87; to which there are amendments not relevant to this Order.

(11)

S.I. 1962/2715.

(12)

S.I. 1963/1108.

(13)

S.I. 1967/739.

(14)

S.I. 1967/1889.

(15)

S.I. 1970/187.

(16)

1971 c.56; section 1 was substituted by the Schedule to S.I. 1978/1211. Section 3(7) was amended by the Children Act 1975 (c.72), section 108(1)(b) and Schedule 4. There are other amendments to section 3 not relevant to this Order. Section 6 was amended by section 3(3) of the Pensions (Increase) Act 1974 (c.9). The definition of “widow’s pension” in section 17(1) was inserted by section 3(3) of the Pensions (Increase) Act 1974 and was substituted by the Welfare Reform and Pensions Act 1999 (c.30), section 39(1) and (5)(c). There are other amendments to section 17 not relevant to this Order.

(17)

S.I. 1972/632.

(18)

1975 c.60; subsections (5ZB) and (5ZC) were inserted by the Pensions Act 2008 (c.30), section 137(1) and (8).

(19)

S.I. 1977/1316; to which there are amendments not relevant to this Order.

(20)

S.I. 1979/1047.

(21)

S.I. 1980/657.

(22)

S.I. 1980/1302.

(23)

S.I. 1981/1217.

(24)

S.I. 1982/1178.

(25)

S.I. 1983/1264.

(26)

S.I. 1984/1307.

(27)

S.I. 1985/1575.

(28)

S.I. 1986/1116.

(29)

S.I. 1987/130.

(30)

S.I. 1987/375; to which there are amendments not relevant to this Order.

(31)

S.I. 1988/217.

(32)

S.I. 1989/477.

(33)

S.I. 1990/483.

(34)

S.I. 1991/2731; to which there are amendments not relevant to this Order.

(35)

Paragraph 5 was amended by S.I. 2005/2053. Paragraphs 5, 5A and 6 were substituted for paragraphs 5 and 6 as originally enacted by the Pensions Act 1995 (c.26), Schedule 4, paragraph 21(15). Paragraphs 5 to 6A of that Schedule were repealed by the Pensions Act 2011 (c.19), section 2(5). That repeal was brought into force in respect of certain specified provisions by S.I. 2011/3034 but has yet to be brought into force in respect of the remaining provisions.

(36)

Paragraph 5A was amended by the Child Support, Pensions and Social Security Act 2000 (c.19), section 39 and the Pensions Act 2007 (c.22), Schedule 1, paragraph 20 and Schedule 7, Part 3.

(37)

Paragraph 6 was amended by the Child Support, Pensions and Social Security Act 2000, section 39 and the Pensions Act 2007, Schedule 1, paragraph 20 and Schedule 7, Part 3.

(38)

1992 c.4; there are other amendments to Schedule 5 not relevant to this Order.

(39)

S.I. 1994/1433; to which there are amendments not relevant to this Order.

(40)

S.I. 1994/2005.

(41)

S.I. 1994/2576; to which there are amendments not relevant to this Order.

(42)

S.I. 1994/2577; to which there are amendments not relevant to this Order.

(43)

S.I. 1994/2973; to which there are amendments not relevant to this Order.

(44)

S.I. 1994/2974; to which there are amendments not relevant to this Order.

(45)

S.I. 1996/1172; paragraph (1)(c) of regulation 55 was amended by S.I. 1997/786 and S.I. 2005/2050, and regulation 69B was inserted by S.I. 2009/846. There are other amendments to these Regulations not relevant to this Order.

(46)

S.I. 2001/853; to which there are amendments not relevant to this Order.

(47)

2004 c.35.

(48)

S.I. 2006/759; to which there are amendments not relevant to this Order.

(49)

Order in Council made pursuant to section 3 of the Naval and Marine Pay and Pensions Act 1865 (28 and 29 Vict c. 73). This Order in Council and its amending orders are not statutory instruments. Schedule 1 was substituted in its entirety by the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 and subsequently amended by the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme (Amendment) Order 2012. These latter Orders can be found at www.gov.uk/government/publications/armed-forces-pension-scheme-1975-regulations. Hard copies are available from CDP- Remuneration, Armed Forces Pensions, Level 6 Zone M, Ministry of Defence, Main Building, London SW1A 2HB.

(50)

Royal Warrant made under section 2 of the Pensions and Yeomanry Pay Act 1884 (47 and 48 Vict c. 55) and prerogative powers. This Warrant and the warrants which amend it are not statutory instruments. Schedule 1 was substituted in its entirety by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Warrant 2010 and was subsequently amended by the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme (Amendment) Warrant 2012. These latter Warrants can be found at www.gov.uk/government/publications/armed-forces-pension-scheme-1975-regulations. Hard copies are available from CDP- Remuneration, Armed Forces Pensions, Level 6 Zone M, Ministry of Defence, Main Building, London SW1A 2HB

(51)

Queen’s Order made under section 2(1) of the Air Force (Constitution) Act 1917 (7 and 8 Geo 5 c. 51). This Order and its amending orders are not statutory instruments. Schedule 1 was substituted by the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2010 and subsequently amended by the Air Force Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) (Amendment) Order 2012. These latter Orders can be found at www.gov.uk/government/publications/armed-forces-pension-scheme-1975-regulations. Hard copies are available from CDP- Remuneration, Armed Forces Pensions, Level 6 Zone M, Ministry of Defence, Main Building, London SW1A 2HB.

(52)

These Regulations are not statutory instruments. Copies can be found at http://www.gov.uk/government/publications/reserve-forces-pension-scheme-regulations. Hard copies can be obtained from CDP-Remuneration, Armed Forces Pensions, Level 6 Zone M, Ministry of Defence, Main Building, London SW1A 2HB.

(53)

The Scheme Rules are in Schedule 1 to S.I. 2012/687.

(54)

1971 c.56. Sections 3(7) and 17(1) were amended by S.I. 2014/560.

(55)

The orders listed in paragraph 2 of this Schedule are cited at paragraph 6 of Schedule 2 to this Order. Article 2 of each of the Orders was amended by S.I. 2014/560.

(56)

S.I. 1996/1172; paragraph (1)(c) of regulation 55 was amended by S.I. 1997/786 and S.I. 2005/2050, and regulation 69B was inserted by S.I. 2009/846. There are other amendments to these Regulations not relevant to this Order.

(57)

S.I. 2006/759; to which there are amendments not relevant to this Order.

(58)

1975 c.60.

(59)

Subsection (5ZA) was inserted by the Pensions (Miscellaneous Provisions) Act 1990 (c.7), section 5(1), it was subsequently amended by the Pensions Act 2008 (c.30), section 137(1) to (7) and Schedule 11, Part 6 and in relation to England and Wales, S.I. 2014/560.

(60)

Subsection (5ZB) was inserted by the Pensions Act 2008 (c.30), section 137(1) and (8), and, in relation to England and Wales, amended by S.I. 2014/560.

(61)

Subsection (5ZC) was inserted by the Pensions Act 2008, section 137(1) and (8), and in relation to England and Wales, amended by S.I. 2014/560.

(62)

Subsection (7) was amended by the Social Security Act 1979 (c.18), Schedule 3, paragraph 20, the Pension Schemes Act 1993 (c.48), Schedule 8, paragraph 9(1)(b) and the Pensions Miscellaneous Provisions Act 1990 (c.7), section 5(2) and by S.I. 2014/560.

(63)

1992 c.4.

(64)

Section 36 was substituted by the Welfare Reform and Pensions Act 1999 (c.30), section 54(1); subsection (2) was substituted by the Civil Partnership Act 2004, Schedule 24, paragraph 16(1) and (3), and substituted by S.I. 2014/560.

(65)

Section 37(4) was amended by the Civil Partnership Act 2004, Schedule 24, paragraph 18(1) and (3) and Schedule 30; and amended by S.I. 2014/560.

(66)

Section 38(3) was amended by the Civil Partnership Act 2004, Schedule 24, paragraph 19(1) and (3) and Schedule 30; and amended by S.I. 2014/560.

(67)

Section 39A was inserted by the Welfare Reform and Pensions Act 1999, section 55(2); subsection (5) was amended by the Civil Partnership Act 2004, Schedule 24, paragraph 20(1) to (3) and (7) and Schedule 30; and amended by S.I. 2014/560.

(68)

Section 39B was inserted by the Welfare Reform and Pensions Act 1999, section 55(2); subsection (5) was amended by the Civil Partnership Act 2004, Schedule 24, paragraph 21(1), (2) and (6) and Schedule 30 and by S.I. 2014/560.

(69)

Section 48A was, in relation to England and Wales, amended by the 2013 Act, Schedule 4, paragraph 11. Section 48A is prospectively amended by paragraph 60 of the Pensions Act 2014 (c.19).

(70)

Section 48B(1ZA) was inserted by the Pensions Act 2007 Schedule 1, paragraph 3(3), and, in relation to England and Wales was amended by the 2013 Act, Schedule 4, paragraph 12. Section 48B is prospectively amended by paragraph 61 of the Pensions Act 2014 (c.19).

(71)

Section 51 was amended in relation to England and Wales by the 2013 Act, Schedule 4, paragraph 13.

(72)

Section 62 was amended by the 2013 Act, Schedule 4, paragraph 14.

(73)

Section 122(1A) was inserted by the Civil Partnership Act 2004, Schedule 24, paragraph 41(1) and (3) and amended by S.I. 2014/560 in relation to England and Wales.

(74)

The definition of “couple” in section 137(1) and (1A) were inserted by the Civil Partnership Act 2004, Schedule 24, paragraph 46(1), (3) and (5) and was amended by S.I. 2014/560. Section 137 has been repealed by the Welfare Reform Act 2012 (c.5) for certain purposes. That repeal is not fully in force.

(75)

Paragraph 5A of Schedule 3 was amended by the 2013 Act, Schedule 4, paragraphs 11 and 12.

(76)

Paragraph 5 was amended by S.I. 2005/2053 and in relation to England and Wales S.I. 2014/560. Paragraphs 5, 5A and 6 were substituted for paragraphs 5 and 6 as originally enacted by the Pensions Act 1995 (c.26), Schedule 4, paragraph 21(15). Paragraphs 5 to 6A of Schedule 5 to the 1992 Act were repealed by the Pensions Act 2011 (c.19), section 2(5). That repeal was brought into force in respect of certain specified provisions by S.I. 2011/3034 but has yet to be brought into force in respect of the remaining provisions.

(77)

Paragraph 5A was amended by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 39 and the Pensions Act 2007 (c.22), Schedule 1, paragraph 20 and Schedule 7, Part 3 and in relation to England and Wales, S.I. 2014/560.

(78)

Paragraph 6 was amended by the Child Support, Pensions and Social Security Act 2000 (c.19), section 39 and the Pensions Act 2007 (c.22), Schedule 1, paragraph 20 and Schedule 7, Part 3.

(79)

Paragraph 6A was inserted by S.I. 2005/2053 and was amended by the Pensions Act 2007, Schedule 1, paragraph 20 and Schedule 7, Part 3 and in relation to England and Wales, S.I. 2014/560.

(80)

Paragraph 7 was amended by the Social Security (Incapacity for Work) Act 1994 (c.18) and S.I. 2005/2053. It was repealed by the Pensions Act 2011, section 2(5), subject to savings made by section 2(7), but that repeal is not yet fully in force.

(81)

Paragraph 4(3)(a) of Schedule 7 was substituted by the Civil Partnership Act 2004, Schedule 24, paragraph 52(1) and (2) and amended by S.I. 2014/560. Paragraph 15(3) of Schedule 7 was amended by the Civil Partnership Act 2004, Schedule 24, paragraph 52(5)(b), and, in relation to England and Wales, was substituted by S.I. 2014/560, Schedule 1 paragraph 22(9)(b).

(82)

1871 c.36; section 4 was, in relation to England and Wales, amended by S.I. 2014/560.

(83)

1916 c.12; section 2 was, in relation to England and Wales, amended by S.I. 2014/560.

(84)

1951 c.65; relevant amendments are as follows: paragraph (a)(i) and (ii) of section 46(3) was substituted by the Superannuation Act 1972 (c.11), Schedule 6, paragraph 30; paragraph (a)(iii) was amended by the Fire and Rescue Services Act 2004 (c.21), Schedule 1, paragraph 12(1) and (2); paragraph (a) was amended, and paragraph (b) inserted, by the 2004 Act, Schedule 26, paragraph 25(1) and (3). Section 46(3) was amended by S.I. 2014/560.

(85)

1962 c.46; section 65(5) was amended by S.I. 2014/560. There are other amendments to section 65 not relevant to this Order.

(86)

1965 c.51. Sections 36 and 37 of the National Insurance Act 1965 were repealed by the Social Security Act 1973 (c.38) with effect from 6th April 1975 but continue in force by virtue of regulations made under Schedule 3 to the Social Security (Consequential Provisions) Act 1992 (c.6). The relevant regulations are the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 (S.I. 1978/393), as amended by S.I. 1989/1642, S.I. 1995/2606, S.I. 1996/1345, S.I. 1997/1642, S.I. 1999/2422, S.I. 2005/454, S.I. 2009/497 and S.I. 2009/2206.

(87)

Section 37(1) was most recently amended by regulation 4(1) to (3) of the Social Security (State Pension and National Insurance Credits) Regulations 2009 (S.I. 2009/2206) but regulation 4(4) of those Regulations provides that the amendment made by regulation 4(2) of those Regulations does not apply where the survivor attained pensionable age before 6th April 2010.

(88)

1978 c.55; section 21 was amended by the London Regional Transport Act 1984 (c.32), Schedule 6, paragraph 14; the Transport Act 2000 (c.38), Schedule 31, Part 4 (not yet in force); and by S.I. 2014/560.

(89)

1979 c.41; subsections (2A) and (2B) of section 3 were inserted by the Welfare Reform Act 2007 (c.5), section 59(2). Subsection (2A) was substituted, and subsection (2B) was omitted, by S.I. 2014/560.

(90)

1991 c.48.

(91)

Schedule 1 was substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 (c.19) only for specified purposes by S.I. 2000/2994 and 2003/192 and amended by S.I. 2014/560.

(92)

2000 c.19.

(93)

Sub-paragraph (5)(b) was substituted by the 2004 Act, Schedule 24, paragraph 4 and amended by S.I. 2014/560.

(94)

Paragraph 6(5A) of Schedule 1 was inserted by the Civil Partnership Act 2004, Schedule 24, paragraph 5.

(95)

Sub-paragraphs (5) and (6) of paragraph 10C were substituted by the 2004 Act, Schedule 24, paragraph 6 and amended by S.I. 2014/560.

(96)

1992 c.5; section 15A was inserted by the Social Security (Mortgage Interest Payments) Act 1992 (c.33), the Schedule, paragraph 1 and was, in relation to England and Wales, amended by S.I. 2014/560. Subsection 4B was inserted by the Civil Partnership Act 2004, Schedule 24, paragraph 57(3). There are other amendments to subsection 4 not relevant to this Order.

(97)

1992 c.52; section 38(1) was amended by S.I. 2014/560.

(98)

1993 c.48; sections 8, 17, 24D, 37, 47, 83 and Schedule 3 were amended, and section 38A inserted by the 2013 Act, Schedule 4, paragraphs 18 to 26. Section 17 was further amended by S.I. 2014/560.

(99)

Section 17(2) was amended for England and Wales by the 2013 Act, Schedule 4, paragraphs 18 and 20 and by S.I. 2014/560.

(100)

Subsection (4A) was inserted by the Child Support, Pensions and Social Security Act 2000, Schedule 5, Part 1, paragraph 1(1) and amended by S.I. 2005/2050.

(101)

Section 24D was inserted by the Pensions Act 2007 (c.22), section 14(3). Section 24D was amended in relation to England and Wales by the 2013 Act, Schedule 4, paragraph 21(2)-(4).

(102)

Section 37 was substituted by the Pensions Act 1995 (c.26), Schedule 5, paragraph 39. Subsection (4) was amended by the Civil Partnership (Contracted Out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005/2050, Schedule 1 paragraph 12; section 37(4)-(7) was, in relation to England and Wales, substituted by the 2013 Act, Schedule 4 paragraph 22.

(103)

Section 47 was amended, in relation to England and Wales, by the 2013 Act, Schedule 4, paragraph 24. There are other amendments to that section not relevant to this Order.

(104)

Section 84 was amended, in relation to England and Wales, by the 2013 Act, Schedule 4, paragraph 25. There are other amendments to that section not relevant to this Order.

(105)

Section 99(3)(b) was amended, in relation to England and Wales, by the 2013 Act, Schedule 7, paragraph 32. There are other amendments to this section which are not relevant to this Order.

(106)

Schedule 3 paragraph 1(1)-(3A) were substituted by the Pensions Act 2008 (c.30), Schedule 2, paragraph 2. Paragraph 1(1E) of Schedule 3 was amended, in relation to England and Wales, by the 2013 Act, Schedule 4, paragraph 26.

(107)

1995 c.18; the definition of “couple” in section 35(1) and subsection (1A) were inserted by the Civil Partnership Act 2004, Schedule 24, paragraph 124(1), (2) and (5), and amended by S.I. 2014/560.

(108)

1995 c.26; the definition of “civil partnership status” was inserted by S.I. 2005/2053 and was, in relation to England and Wales, repealed by S.I. 2014/560. There are other amendments to section 124(1) not relevant to this Order.

(109)

2002 c.16; the definition of “couple” in section 17(1) were inserted by the Civil Partnership Act 2004, Schedule 24, paragraphs 142(1) and (2), and amended by S.I. 2014/560, in relation to England and Wales. Subsection (1A) was inserted by paragraph 143 of Schedule 24 to the Civil Partnership Act 2004.

(110)

2004 c.7. Subsection (3B) was inserted into section 2 by the 2014 Act, schedule 2, paragraph 14. Section 3D was inserted by the 2014 Act, schedule 2, paragraph 17.

(111)

2004 c.19.

(112)

Section 24(A1) was inserted by section 28 of the 2014 Act.

(113)

2007 c.5; paragraph 6 of Schedule 1 was amended by the Welfare Reform Act 2009 (c.24), sections 5(2), 9(3)(b) and 58(1) and Schedule 7 and S.I. 2014/560, and repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012. That repeal has been brought into force for certain purposes, but has yet to be brought into force for the remaining purposes.

(114)

2008 c.22. Sections 35, 40, 42 and 46 were amended by the 2013 Act, Schedule 7, paragraphs 37 to 41.

(115)

2010 c.15.

(116)

Section 67(7) was substituted by S.I. 2014/560.

(117)

Section 80(7) was amended by S.I. 2014/560.

(118)

Section 110 was amended by the 2013 Act, section 2(5).

(119)

Schedule 3 was amended by the 2013 Act, section 2(6).

(120)

Section 94A of the Civil Partnership Act was inserted by section 24(13) of the 2014 Act.

(121)

Section 8(2)(a) of the 1977 Act was amended by section 12(2)(c) of the 2014 Act.

(122)

2012 c.5. Section 39 was amended S.I. 2014/560.

(123)

2013 c.30.

(124)

S.I. 1972/1635; regulation 4(a) was substituted by S.I. 1972/1875 and amended by S.I. 1988/479 and S.I. 2014/107. There are other amending instruments but none is relevant.

(125)

S.I. 1977/343; paragraph 2C was inserted by S.I. 1984/1699, and the definition of “couple” was inserted by S.I. 2005/2877 and substituted by S.I. 2014/107. There are other amending instruments but none is relevant.

(126)

S.I. 1978/393. Regulation 3(2) was amended by regulation 2(1) and (3) of S.I. 2005/3078.

(127)

S.I. 1979/1577; paragraph 2 was inserted by S.I. 2009/1892 and amended by S.I. 2014/107. There are other amending instruments but none is relevant.

(128)

S.I. 1987/1967; the definition of “couple” was substituted by S.I. 2005/2877 and by S.I. 2014/107. There are other amending instruments but none is relevant.

(129)

S.I. 1987/1968; the definition of “couple” was inserted by S.I. 2005/2877 and substituted by S.I. 2014/107. Regulation 2 has been revoked for certain purposes by S.I. 2003/492. There are other amending instruments but none is relevant.

(130)

S.I. 1988/1418; article 9 was amended by S.I. 2014/107. There are other amending instruments but none is relevant.

(131)

S.I. 1988/1420; article 10 was amended by S.I. 2005/3325. Article 12 was amended by S.I. 1995/2647. Articles 4, 7, 9, 10 and 11 to 13 were amended by S.I. 2014/107. There are other amending instruments but none is relevant.

(132)

S.I. 1992/1815; the definition of “couple” was inserted by S.I. 1993/913, and substituted by S.I. 2005/2877 and by S.I. 2014/107. These Regulations have been revoked for certain purposes by S.I. 2001/155 and S.I. 2012/2785 but are subject to saving provisions in S.I. 2013/2947. There are other amendments to the Regulations but none is relevant.

(133)

S.I. 1992/1989; paragraphs (3) to (9) of regulation 3 were inserted by S.I. 2008/2544 and amended by S.I. 2014/107. There are other amending instruments but none is relevant.

(134)

S.I. 1996/207; the definition of “couple” was substituted by S.I. 2005/2877 and S.I. 2014/107. There are other amending instruments but none is relevant.

(135)

S.I. 1996/1172.

(136)

Regulation 1(1A) was inserted by S.I. 2005/2050 and amended by S.I. 2014/107.

(137)

Regulation 26 was substituted by S.I. 2005/2050 and amended by S.I. 2014/107.

(138)

Regulation 57 was amended by S.I. 2005/2050 and S.I. 2014/107.

(139)

Regulation 58 was amended by S.I. 2005/2050 and S.I. 2014/107.

(140)

Regulation 59 was amended by the Pensions Act 1995 c.26 (paragraph 47 of Schedule 5), S.I. 2005/2050 and S.I. 2014/107.

(141)

Regulation 69B was inserted by S.I. 2009/846 and amended by S.I. 2014/107.

(142)

S.I. 1996/1462, Schedule 2 amended by S.I. 1997/786 and S.I. 2014/107; there are other amending instruments but none is relevant.

(143)

S.I. 1996/2745; the definition of “couple” was substituted by S.I. 2005/2919 and S.I. 2014/107. There are other amending instruments but none is relevant.

(144)

S.I. 1996/3195; the definition of “couple” was substituted by S.I. 2005/2877 and S.I. 2014/107. There are other amending instruments but none is relevant.

(145)

S.I. 1997/784; Regulations 1 and 11 were amended by S.I. 2005/2050 and S.I. 2014/107. There are other amending instruments but none is relevant.

(146)

S.I. 1998/1833; Schedule 3 was inserted by S.I. 2003/1684 and amended by S.I. 2014/107. There are other amending instruments but none is relevant.

(147)

S.I. 1999/991; the definition of “couple” was inserted by S.I. 2005/2878 and substituted by S.I. 2014/107. There are other amending instruments but none is relevant.

(148)

S.I. 2000/729; the definition of “couple” was inserted by S.I. 2005/2877 and substituted by S.I. 2014/107. There are other amending instruments but none is relevant.

(149)

S.I. 2001/155; the definition of “couple” was substituted by S.I. 2005/2877 and by S.I. 2014/107. These Regulations have been revoked by S.I. 2012/2785 but are subject to saving provisions in S.I. 2013/2878. There are other amending instruments but none is relevant.

(150)

S.I. 2001/1002; the definition of “couple” was inserted by S.I. 2005/2878 and substituted by S.I. 2014/107. There are other amending instruments but none is relevant.

(151)

S.I. 2001/1228; regulation 13(4) was amended by S.I. 2011/1265 and S.I. 2014/107. There are other amending instruments but none is relevant.

(152)

S.I. 2002/1792; the definition of “couple” was inserted by S.I. 2005/2877 and substituted by S.I. 2014/107. There are other amending instruments but none is relevant.

(153)

S.I. 2005/670; the definition of “relevant partner” was substituted by S.I. 2006/580 and by S.I. 2014/107. There are other amending instruments but none is relevant.

(154)

S.I. 2005/1986; the definition of “partner” was inserted by S.I. 2009/1851 and substituted by S.I. 2014/107. There are other amending instruments but none is relevant.

(155)

S.I. 2005/3061; the definition of “couple” was substituted by S.I. 2014/107. There are other amending instruments but none is relevant.

(156)

S.I. 2006/213; the definition of “couple” was substituted by S.I. 2014/107; There are other amending instruments but none is relevant.

(157)

S.I. 2006/214; the definition of “couple” was substituted by S.I. 2014/107; There are other amending instruments but none is relevant.

(158)

S.I. 2006/580; the definition of “relevant partner” was substituted by S.I. 2014/107. There are other amending instruments but none is relevant.

(159)

S.I. 2006/606; the definition of “dependant living as a spouse” was amended by S.I. 2006/1455 and substituted by S.I. 2014/107. The definition of “dependant living as a civil partner” was amended by S.I. 2014/107.

(160)

S.I. 2006/759; Regulation 3 was amended by S.I. 2014/107. There are other amending instruments but none is relevant.

(161)

S.I. 2008/794; the definition of “couple” was substituted by S.I. 2014/107. There are other amending instruments but none is relevant.

(162)

These Regulations are not statutory instruments. Copies can be found at http://www.gov.uk/government/publications/reserve-forces-pension-scheme-regulations. Hard copies can be obtained from CDP-Remuneration, Armed Forces Pensions, Level 6 Zone M, Ministry of Defence, Main Building, London SW1A 2HB. Paragraph (4) was amended by S.I. 2014/107.

(163)

S.I. 2013/379; the definition of “couple” was substituted by S.I. 2014/107. There are other amending instruments but none is relevant.

(164)

S.I. 1991/684; article 6 was substituted by S.I. 2014/107.

(165)

S.I. 1992/198; article 6 was substituted by S.I. 2014/107.

(166)

S.I. 1993/779; article 6 was substituted by S.I. 2014/107.

(167)

S.I. 1994/776; article 6 was substituted by S.I. 2014/107.

(168)

S.I. 1995/708; article 6 was substituted by S.I. 2014/107.

(169)

S.I. 1996/800; article 6 was substituted by S.I. 2014/107.

(170)

S.I. 1997/634; article 6 was substituted by S.I. 2014/107.

(171)

S.I. 1998/503; article 6 was substituted by S.I. 2014/107.

(172)

S.I. 1999/522; article 6 was substituted by S.I. 2014/107.

(173)

S.I. 2000/672; article 6 was substituted by S.I. 2014/107.

(174)

S.I. 2001/664; article 6 was substituted by S.I. 2014/107.

(175)

S.I. 2002/699; article 6 was substituted by S.I. 2014/107.

(176)

S.I. 2003/681; article 6 was substituted by S.I. 2014/107.

(177)

S.I. 2004/758; article 6 was substituted by S.I. 2014/107.

(178)

S.I. 2005/858; article 6 was substituted by S.I. 2014/107.

(179)

S.I. 2006/741; article 6 was substituted by S.I. 2014/107.

(180)

S.I. 2007/801; article 6 was substituted by S.I. 2014/107.

(181)

S.I. 2008/711; article 6 was substituted by S.I. 2014/107.

(182)

S.I. 2009/692; article 6 was substituted by S.I. 2014/107.

(183)

S.I. 2011/827; article 6 was substituted by S.I. 2014/107.

(184)

S.I. 2012/782; article 6 was substituted by S.I. 2014/107.

(185)

S.I. 2013/604; article 6 was substituted by S.I. 2014/107.