PART 2Marriage: Same-sex Couples

Interpretation of existing legislation: references to marriage, couples and married personsI17

1

In existing applicable 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, and

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

Where paragraph (1) 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.

3

For the purposes of paragraphs (1) and (2), it does not matter how a reference is expressed, so that (for example) in existing applicable legislation—

a

a reference to a husband, or a reference to a wife, is to be read as including a reference to a same-sex spouse (of either sex),

b

a reference to a widow, or a reference to a widower, is to be read as including a reference to a surviving same-sex spouse (of either sex), and

c

a reference to a person’s “husband or wife” is to be read as a reference to the person’s spouse (whether of the opposite or same sex).

4

Paragraphs (1) to (3) do not limit regulation 6(1) and (2).

5

In this regulation “existing applicable legislation” has the same meaning as in regulation 6.