# The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014, Paragraph 17: Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010


(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 couple
1. (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).”, and
(b) the following provision, with the number 2 substituted by the appropriate number specified in the fourth column—
“Living together as a same sex couple
2. (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 Scheme 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 Wales
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 1997
Regulation 42A
Regulation 42B
Regulation 42C
The New Firefighters’ Pension Scheme (England)
Part 1, rule 3
Rule 4
Rule 5
The New Firefighters’ Pension Scheme (Wales)
Part 1, rule 3
Rule 4
Rule 5
Teachers’ Pensions Regulations 2010
Regulation 2
Regulation 2A
Regulation 2B
The Royal Mail Statutory Pension Scheme
Part 1, rule 2
Rule 2A
Rule 2B

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Source: https://www.legislation.gov.uk/ukdsi/2014/9780111108727/schedule/3/paragraph/17 (the official version)
Page: https://openlegislation.uk/draft-marriage-same-sex-couples-act-2013-consequential-and-contrary-provisions-and-scotland-order-2014/schedule-3/paragraph-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

