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

Insertion of regulation 3.A.1A15

After regulation 3.A.1 (interpretation of Part 3: general)17, insert—

Civil partnerships and marriage of same sex couples3.A.1A

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 201318 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.

5

In this regulation, “civil partnership” and “civil partners” have the meanings given by section 1 of the Civil Partnership Act 200419.