Regulation 3 New regulations A3 to A5

After regulation A2, insert—

“Marriage of a same sex couple

A3.

(1)

Subject to regulation A5, in these Regulations—

(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.

Living together as a same sex couple

A4.

(1)

In these Regulations—

(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.

Continuation of marriage where scheme member acquires new legal gender

A5.

(1)

Where—

(a)

a deceased scheme member was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004^f1; and

(b)

at the time of the member’s death, she was married to a woman and that marriage subsisted before the time when the certificate was issued,

the scheme member’s widow is to be treated for the purpose of these Regulations as if the certificate had not been issued.

(2)

Where—

(a)

a deceased scheme member was a man by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b)

at the time of the member’s death, he was married to a man and that marriage subsisted before the time when the certificate was issued,

the scheme member’s widower is to be treated for the purpose of these Regulations as if the certificate had not been issued.”.