Section 38A Regulations about relevant gender change casesF1C1
England, Wales and Scotland
The Secretary of State may, by regulations, make provision for—
section 17,
F2section 24D, or
section 37,
to have its special effect in relevant gender change cases only if conditions prescribed in the regulations are met.
Regulations under subsection (1) may, in particular, prescribe conditions that relate to the provision of information by—
one or both of the members of married same sex couples, or
the survivors of such couples.
The Secretary of State may, by regulations, make further provision about cases where (because of regulations under subsection (1))—
section 17,
F3section 24D, or
section 37,
does not have its special effect in relevant gender change cases.
Regulations under subsection (3) may, in particular, provide for the section in question to have its ordinary effect in relevant gender change cases.
Regulations under subsection (1) or (3) may, in particular, modify or disapply any enactment that concerns information relating to—
the gender or sex of a person, or
the change of gender or sex of a person,
including any enactment that concerns requests for, or disclosure of, such information.
In this section, in relation to section 17 F4, 24D or 37—
“relevant gender change case” has the same meaning as in that section;
“special effect” means the effect which the section has (if regulations under subsection (1) of this section are ignored) in relation to relevant gender change cases, insofar as that effect is different from the section's ordinary effect;
“ordinary effect” means the effect which the section has in relation to same sex married couples in cases that are not relevant gender change cases.
Annotations
Textual amendments
- F1
S. 38A inserted (E.W.) (30.6.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 4 para. 23; S.I. 2014/1662, art. 3(a)
- F2
S. 38A(1)(b) omitted (28.4.2022 for specified purposes) by virtue of Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022 (c. 33), ss. 1(8)(a), 3(4)(a)
- F3
S. 38A(3)(b) omitted (28.4.2022 for specified purposes) by virtue of Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022 (c. 33), ss. 1(8)(b), 3(4)(a)
- F4
Word in s. 38A(6) omitted (28.4.2022 for specified purposes) by virtue of Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022 (c. 33), ss. 1(8)(c), 3(4)(a)
Modifications
- C1
S. 38A extended (S.) (16.11.2015) by Pension Schemes Act 2015 (c. 8), ss. 81, 89(1)(d) (with s. 87); S.I. 2015/1851, reg. 2(b)
Notes on Part III
Textual amendments
- F1
Words in Pt. 3 heading omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 3(b)
- F2
Words in Pt. 3 heading substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 3(a)
Modifications
- C1
Pt. III power to modify conferred by Social Security Administration Act 1992 (c. 5), s. 148 (as read with Pensions Act 1995 (c. 26), ss. 128(3)(4), 180(2) (with s. 128(5)(6)); Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 33(2)-(4), 86(1)(b)(2))
- C2
Pt. III: power to modify conferred (1.6.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), ss. 149(1), 180(1); S.I. 1996/778, art. 2(6); S.I. 1997/664, art. 2(3), Sch. Pt. 2
- C3
Pt. III applied (with modifications) (6.4.1997) by The Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996 (S.I. 1996/1977), regs. 1(1), 2(4)(a)-(f)
- C4
Pt. III: power to transfer functions conferred (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 23, 28(3); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
- C5
Pt. 3 modified (24.7.2014) by The Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014 (S.I. 2014/1711), regs. 1(1), 7(2); S.I. 2014/1683, art. 2
Notes on Chapter I
Textual amendments
- F1
Pt. 3 Ch. 1 heading substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 4