Section 34A Regulations about relevant gender change casesF1
The Department may, by regulations, make provision for—
section 13,
F2section 20D, or
section 33,
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 F3or civil partnerships where the civil partners are of the same sex, or
the survivors of such couples F4or civil partners.
The Department may by regulations make further provision about cases where (because of regulations under subsection (1))—
section 13,
F5section 20D, or
section 33,
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 13F6, 20D or 33—
“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) are ignored) in relation to relevant gender change cases, so far 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 F7, or civil partners who are of the same sex, in cases that are not relevant gender change cases.
Annotations
Textual amendments
- F1
S. 34A inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 68(6) (with regs. 6-9)
- F2
S. 34A(1)(b) omitted (28.4.2022 for specified purposes) by virtue of Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022 (c. 33), ss. 2(8)(a), 3(4)(b)
- F3
Words in s. 34A(2)(a) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 40(6)(a)
- F4
Words in s. 34A(2)(b) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 40(6)(b)
- F5
S. 34A(3)(b) omitted (28.4.2022 for specified purposes) by virtue of Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022 (c. 33), ss. 2(8)(b), 3(4)(b)
- F6
Words in s. 34A(6) omitted (28.4.2022 for specified purposes) by virtue of Pension Schemes (Conversion of Guaranteed Minimum Pensions) Act 2022 (c. 33), ss. 2(8)(c), 3(4)(b)
- F7
Words in s. 34A(6)(c) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 40(6)(c)
Notes on Part III
Textual amendments
- F1
Words in Pt. 3 heading omitted (6.4.2016) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 3(b)
- F2
Words in Pt. 3 heading substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 3(a)
Modifications
- C1
Pt. 3: power to modify conferred (1.6.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 146(1); S.R. 1996/91, art. 2(f); S.R. 1997/192, art. 2
Pt. 3: power to transfer functions conferred (1.4.1999) by 1999 c. 2, s. 23(1)(2)(6); S.I. 1999/527, art. 2(b), Sch. 2
- C2
Pt. 3 modified (24.7.2014) by The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/204), regs. 1(1), 6(2)
Notes on Chapter I
Textual amendments
- F1
Pt. 3 Ch. 1 heading substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 4