PART 3 Amendment of the National Health Service Pension Scheme Regulations 2008

15 Insertion of regulation 3.A.1A
After regulation 3.A.1 (interpretation of Part 3: general), insert—

“3.A.1A Civil partnerships and marriage of same sex couples
1 In this Part, except as provided in paragraph (5), a reference to—
(a) civil partnership is to be read as including a reference to marriage of a same sex couple and a reference to civil partners and a person who is in a civil partnership is to be construed accordingly;
(b) 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 a civil partnership that has ended, a reference to a person whose civil partnership has ended, or 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 The application of the Marriage (Same Sex Couples) Act 2013 in relation to these Regulations is modified so that—
(a) section 11(1) and (2) has effect subject to paragraphs (1) to (3); and
(b) Schedule 3 does not apply to the interpretation of this Part.
2013 c.30.
5 In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 2004.
2004 c.33.”

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Regulation 3.A.1 was amended by S.I. 2008/2263, 2009/381 and 2446, 2010/234 and 492, 2012/610 and 2013/413.