SCHEDULE 3Consequential amendments to enactments etc. as a result of contrary provision made by Schedule 2
PART 2Enactments etc. (public service pension schemes)
Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 201017
1
Pension schemes referred to in the first column of the table at sub-paragraph (2) are amended in the appropriate place as specified in the second column by the insertion of—
a
the following provision, with the number 1 substituted by the appropriate number specified in the third column—
Marriage of a same sex couple1
1
In this Scheme—
a
a reference to civil partnership is to be read as including a reference to marriage of a same sex couple,
b
a reference to civil partners is to be read as including a reference to a married same sex couple, and
c
a reference to a person who is in a civil partnership is to be read as including a reference to a person who is married to a person of the same sex.
2
Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, or a reference to a person whose civil partnership has ended) is to be read accordingly.
3
For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
4
Paragraph 1 of Schedule 3 to the Marriage (Same Sex Couples) Act 2013 does not apply to the interpretation of this Scheme.
5
Section 11(1) and (2) of, and paragraph 3 of Schedule 3 to, that Act have effect subject to paragraphs (1) to (3).
b
the following provision, with the number 2 substituted by the appropriate number specified in the fourth column—
Living together as a same sex couple2
1
In this Scheme—
a
a reference to persons who are not in a civil partnership but are living together as civil partners is to be read as including a reference to a same sex couple who are not married but are living together as a married couple, and
b
a reference to a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.
2
Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to persons formerly living together as civil partners) is to be read accordingly.
3
For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
4
Paragraph 2 of Schedule 3 to the Marriage (Same Sex Couples) Act 2013 does not apply to the interpretation of this Scheme.
5
Section 11(1) and (2) of, and paragraph 3 of Schedule 3 to, that Act have effect subject to paragraphs (1) to (3).
2
The table referred to in sub-paragraph (1) is as set out below—
Pension scheme | Provision after which wording in paragraph 17 is inserted | New numbering for (a) in paragraph 17 | New numbering for (b) in paragraph 17 |
|---|---|---|---|
The Firefighters’ Pension Scheme139 set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in England | Schedule 1, Part 2: Expressions related to National Insurance and Social Security Acts | Part 3: Provision relating to same sex couples, rule 1 | Part 3: Provision relating to same sex couples, rule 2 |
The Firefighters’ Pension (Wales) Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in Wales140 | Schedule 1, Part 2: Expressions related to National Insurance and Social Security Acts | Part 3: Provision relating to same sex couples, rule 1 | Part 3: Provision relating to same sex couples, rule 2 |
The Local Government Pension Scheme Regulations 1997141 | Regulation 42A | Regulation 42B | Regulation 42C |
The New Firefighters’ Pension Scheme (England)142 | Part 1, rule 3 | Rule 4 | Rule 5 |
The New Firefighters’ Pension Scheme (Wales)143 | Part 1, rule 3 | Rule 4 | Rule 5 |
Teachers’ Pensions Regulations 2010144 | Regulation 2 | Regulation 2A | Regulation 2B |
The Royal Mail Statutory Pension Scheme145 | Part 1, rule 2 | Rule 2A | Rule 2B |