The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014

This Order may be cited as the Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014.

Subject to paragraph (3), this Order comes into force on 10th December 2014.

The provisions mentioned in paragraphs (6) and (7) so far as they extend to Scotland, come into force on 16th December 2014.

In this Order—

Subject to paragraphs (6) and (7), this Order extends to England and Wales only.

The following provisions extend also to Scotland—

Article 3 and Schedule 2 extend to Scotland only.

for “70” substitute “70 or 70A”, and

for “that section” substitute “those sections”.

The Service Departments Registers Order 1959^f1 is amended as follows.

Article 1^f2 (application of order) is renumbered as article 1(1).

In article 1(1)(a), for “solemnised” substitute “entered into”.

After article 1(1) insert—

“(2)

In this Order, “marriages” includes marriages which result from—

(a)

the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section; and

(b)

the changing of a civil partnership formed under Part 3 of the Civil Partnership Act 2004 into a marriage under—

(i)

the Marriage (Scotland) Act 1977^f3;

(ii)

the Marriage and Civil Partnership (Scotland) Act 2014; or

(iii)

any relevant order.

(3)

For the purposes of paragraph (2) “relevant order” means any order made under section 104 of the Scotland Act 1998 in consequence of the Marriage and Civil Partnership (Scotland) Act 2014 which provides for the change of a civil partnership in a country or territory outside the United Kingdom by—

(a)

a member of Her Majesty’s forces (within the meaning of the Armed Forces Act 2006^f4) serving in the country or territory in which it is proposed they change their civil partnership;

(b)

a civilian subject to service discipline within the meaning of the Armed Forces Act 2006 who is employed in that country or territory;

(c)

a child of a person falling within paragraph (a) or (b) and whose home is with that person in that country or territory (including a person who is or has been treated as the child of a person (“P”) in relation to a marriage or civil partnership to which P is or was a party).”.

In article 3^f5 (qualified informants)—

The Social Security (Credits) Regulations 1975^f1 are amended as follows.

In regulation 8C(2)^f2 (credits on termination of bereavement benefits) for “a person of the opposite sex as husband and wife” substitute “another person as a married couple”.

In paragraph 3 of the Schedule^f3 (persons who may qualify as carers for a child under the age of 12)—

after “former spouse” in each place it occurs insert “or former civil partner”,

after “said spouse” insert “or civil partner”,

after “former spouse’s” insert “or former civil partner’s”, and

after “whichever is the earlier” insert “(or, in the case of a civil partnership, the year 1975/76)”.

in sub-paragraph (ea)—

after sub-paragraph (ea) insert—

“(eb)

if the marriage is between a man and a woman who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, then notwithstanding sub-paragraphs (ca) and (da), if the parties specifically request and—

(i)

if the previous civil partnership has been terminated by final order of dissolution, he shall enter the words, “Previously formed a civil partnership at…on…Civil partnership dissolved on…”, inserting particulars of the place and date of previous civil partnership and the date of dissolution, or

(ii)

if the previous civil partnership was annulled, he shall enter the words, “Previously formed a civil partnership at…on…Civil partnership annulled on...”, inserting the particulars of the place and date of the previous civil partnership and the date of its annulment;”.

In the Standards Committees (Wales) Regulations 2001^f1, in regulation 2 (interpretation), in the definition of “lay panel member”, after “spouse” insert “or civil partner”.

In the Welsh text, in the Standards Committees (Wales) Regulations 2001, in regulation 2 (dehongli), in the definition of “aelod panel lleyg” (“lay panel member”), after “briod” insert “neu’n bartner sifil”.

In each of paragraph 3(c) and paragraph 4(e) of the Schedule to the Special Guardianship (Wales) Regulations 2005^f1 (reports - matters prescribed for the purposes of section 14A(8)(b) of the Children Act 1989), after “civil partnership” in the second place it occurs insert “(or in relation to a marriage resulting from the conversion of a civil partnership under section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section, the date and place of the civil partnership which was originally entered into by the couple)”.

In the Welsh text, in each of paragraph 3(c) and paragraph 4(d) of the Schedule to the Special Guardianship (Wales) Regulations 2005 (adroddiadau – materion a ragnodwyd at ddibenion adran 14A(8)(b) o Ddeddf Plant 1989), after “bartneriaeth sifil” insert “(neu o ran priodas sy’n deillio o drosi partneriaeth sifil o dan adran 9 o Ddeddf Priodas (Cyplau o’r Un Rhyw) 2013 a rheoliadau a wnaed o dan yr adran honno, ddyddiad a lle’r bartneriaeth sifil yr ymrwymwyd iddi’n wreiddiol gan y cwpl)”.

Regulation 9 of the Civil Partnership (Registration Provisions) Regulations 2005^f1 (contents of civil partnership document) is amended as follows.

In paragraph (2)(i), for the closing words substitute—

“it shall enter across both columns of space 6, “Previously married at…on….Marriage dissolved on…”, inserting the particulars of the place and date of the previous marriage and the date of dissolution, however, in the case of a previous marriage between a man and a woman, it shall only enter this if the parties expressly request, and if they do not, shall enter “Previous marriage dissolved” for each person;”.

In paragraph (2)(k), for the closing words substitute—

“it shall enter across both columns of space 6, “Previously married at…on…Marriage annulled on…”, inserting the particulars of the place and date of the previous marriage and the date of annulment, however, in the case of a previous marriage between a man and a woman, it shall only enter this if the parties expressly request, and if they do not, shall enter “Previous marriage annulled” for each person;”.

The public service pension schemes referred to in the second column of the table at sub-paragraph (2) are amended in accordance with columns 3 and 4 of that table.

The table referred to in sub-paragraph (1) is as set out below.

The provision referred to in the fourth column of the table at sub-paragraph (2) in relation to entries 1 to 3 of the table is—

“Continuation of marriage where Scheme member acquires new legal gender

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^f6, 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 purposes of these Regulations as if the certificate had not been issued.”.

The provision referred to in the fourth column of the table at sub-paragraph (2) in relation to entries 4 and 5 of the table is—

“Continuation of marriage where Scheme member acquires new legal gender

1.

(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, 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.”.

In each of the enactments set out at sub-paragraph (4), any reference to a “widow” includes a woman who is the surviving spouse of a woman to whom sub-paragraph (3) applies.

In each of the enactments set out at sub-paragraph (4)(c) to (g), any reference to a “husband” includes a woman to whom sub-paragraph (3) applies.

This sub-paragraph applies to a deceased woman who—

The enactments referred to in sub-paragraphs (1) and (2) are—

The Police Pensions Regulations 1987^f1 are amended as follows.

In regulation J1 (policeman with a guaranteed minimum for the purposes of the Social Security Pensions Act 1975) after paragraph (4B)^f2 insert—

“(4C)

Where—

(a)

the regular policeman who has died was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)

at the time of her death the regular policeman was married to a woman and that marriage subsisted before the time when the certificate was issued,

the widow of the regular policeman is to be treated for the purposes of this Regulation as if the certificate had not been issued.”.

In Schedule C (widows’ awards)—

Part E of Schedule 1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010^f1 (death benefits) is amended as follows.

For rule E.1(3)(c) (surviving spouse or civil partner’s pensions) substitute—

“(c)

the member was—

(i)

a man and was married to a woman whom he leaves a widow; or

(ii)

a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.”.

In rule E.1(5)(c)(ii) (surviving spouse or civil partner’s pensions), at the beginning insert “(except for a member who falls within rule E.1(15))”.

After rule E.1(14) (surviving spouse or civil partner’s pensions) insert—

“(15)

A deceased woman falls within this rule if—

(a)

she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b)

at the time of her death she was married to a woman and that marriage subsisted before the time when the certificate was issued.”.

For rule E.6(1)(d) (widows’ pensions: service ended before 31st March 1973) substitute—

“(d)

the member was—

(i)

a man and was married to a woman whom he leaves a widow; or

(ii)

a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.”.

After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—

“(8)

A deceased woman falls within this rule if—

(a)

she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b)

at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

Schedule 2^f1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (Naval and Marines Attributable Benefits Scheme) is amended as follows.

In Part A, in rule A.1 (interpretation), after the definition of “relevant disabling condition” insert—

• ““relevant gender change case” means a case where—

  1. (a)

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

  2. (b)

     at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;”.

In Part C, in rule C.2 (conditions relating to the deceased) for paragraphs (a) and (b) substitute—

“(a)

the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)

was a man married to a woman whom he leaves a widow; or

(ii)

was a woman married to a woman in a relevant gender change case whom she leaves a widow;

(b)

the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—

(i)

was a man married to a woman whom he married after discharge and whom he leaves a widow; or

(ii)

was a woman married to a woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;”.

In Part D, in rule D.1(3) (entitlement to a child’s compensation)—

Part E of Schedule 1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010^f1 (death benefits) is amended as follows.

For rule E.1(3)(c) (surviving spouse or civil partner’s pensions) substitute—

“(c)

the member was—

(i)

a man and was married to a woman whom he leaves a widow; or

(ii)

a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.”.

In rule E.1(5)(c)(ii) (surviving spouse or civil partner’s pensions), at the beginning insert “(except for a member who falls within rule E.1(15))”.

After rule E.1(14) (surviving spouse or civil partner’s pensions) insert—

“(15)

A deceased woman falls within this rule if —

(a)

she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b)

at the time of her death she was married to a woman and that marriage subsisted before the time when the certificate was issued.”.

For rule E.6(1)(d) (widows’ pensions: service ended before 31st March 1973) substitute—

“(d)

the member was—

(i)

a man and was married to a woman whom he leaves a widow; or

(ii)

a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.”.

After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—

“(8)

A deceased woman falls within this rule if—

(a)

she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b)

at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

Schedule 2^f1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (Army Attributable Benefits Scheme) is amended as follows.

In Part A, in rule A.1 (interpretation), after the definition of “relevant disabling condition”, insert—

• ““relevant gender change case” means a case where—

  1. (a)

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

  2. (b)

     at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;”.

In Part C, in rule C.2 (conditions relating to the deceased) for paragraphs (a) and (b) substitute—

“(a)

the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)

was a man married to a woman whom he leaves a widow; or

(ii)

was a woman married to a woman in a relevant gender change case whom she leaves a widow;

(b)

the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—

(i)

was a man married to a woman whom he married after discharge and whom he leaves a widow; or

(ii)

was a woman married to a woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;”.

In Part D, in rule D.1(3) (entitlement to a child’s compensation)—

Part E of Schedule 1 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010^f1 (death benefits) is amended as follows.

For rule E.1(3)(c) (surviving spouse or civil partner’s pensions) substitute—

“(c)

the member was—

(i)

a man and was married to a woman whom he leaves a widow; or

(ii)

a woman who falls within rule E.1(15) and was married to a woman whom she leaves a widow.”.

In rule E.1(5)(c)(ii) (surviving spouse or civil partner’s pensions), at the beginning insert “(except for a member who falls within rule E.1(15))”.

After rule E.1(14) (surviving spouse or civil partner’s pensions) insert—

“(15)

A deceased woman falls within this rule if—

(a)

she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b)

at the time of her death she was married to a woman and that marriage subsisted before the time when the certificate was issued.”.

For rule E.6(1)(d) (widows’ pensions: service ended before 31st March 1973) substitute—

“(d)

the member was—

(i)

a man and was married to a woman whom he leaves a widow; or

(ii)

a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.”.

After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—

“(8)

A deceased woman falls within this rule if—

(a)

she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b)

at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

Schedule 2^f1 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (Royal Air Force Attributable Benefits Scheme) is amended as follows.

In Part A, in rule A.1 (interpretation), after the definition of “relevant disabling condition” insert—

• ““relevant gender change case” means a case where—

  1. (a)

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

  2. (b)

     at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;”.

In Part C, in rule C.2 (conditions relating to the deceased), for paragraphs (a) and (b) substitute—

“(a)

the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)

was a man married to a woman whom he leaves a widow; or

(ii)

was a woman married to a woman in a relevant gender change case whom she leaves a widow;

(b)

the deceased person was in service on or after 6th April 1978 and at the time of the deceased person’s death—

(i)

was a man married to a woman whom he married after discharge and whom he leaves a widow; or

(ii)

was a woman married to woman in a relevant gender change case whom she married after discharge and whom she leaves a widow;”.

In Part D, in rule D.1(3) (entitlement to a child’s compensation)—

The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011^f1 are amended as follows.

In Schedule 1, in Part D (death benefits)—

In Schedule 2, in Part C (death benefits), for rules C.2(4) and (5) substitute—

“(4)

Condition B is that the deceased person—

(a)

was—

(i)

a man; or

(ii)

a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004;

(b)

was in service on or after 31st March 1973;

(c)

was married to a woman and that marriage—

(i)

took place before the deceased person ceased service; and

(ii)

in the case of a deceased person falling within sub-paragraph (a)(ii), subsisted before the time when the certificate was issued; and

(d)

died leaving her a widow.

(5)

Condition C is that the deceased person—

(a)

was—

(i)

a man; or

(ii)

a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004;

(b)

was in service on or after 6th April 1978;

(c)

married a woman—

(i)

after leaving service; and

(ii)

in the case of a deceased person falling within sub-paragraph (a)(ii), the marriage subsisted before the time when the certificate was issued; and

(d)

died leaving her a widow.”.

Part E of Schedule 1 to the Armed Forces Pension Scheme Order 2005^f1 (death benefits) is amended as follows.

In rule E.1 (surviving spouses’ and civil partners’ pensions), after paragraph (4) insert—

“(5)

Where a deceased active, deferred or pensioner member was—

(a)

a man or a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

(b)

at the time of the deceased member’s death, the deceased member was married and that marriage subsisted before the time when the certificate was issued,

the surviving spouse of the deceased member is to be treated for the purpose of these Rules as if the certificate had not been issued.”.

In each of rules E.3(6)(a), E.4(3)(a) and E.5(3)(a), before “civil partner” insert “person who was married to someone of the same sex or a”.

Part E of Schedule 1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010^f1 (death benefits) is amended as follows.

In rule E.1—

In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—

“(d)

the member was—

(i)

a man and was married to a woman whom he leaves a widow; or

(ii)

a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.”.

After rule E.6(7) (widows’ pensions: service ended before 31st March 1973), insert—

“(8)

A deceased woman falls within this rule if—

(a)

she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b)

at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

In rule E.9 (suspension of pension on marriage etc.), for paragraph (3) substitute—

“(3)

This paragraph applies while the surviving spouse or civil partner and another person are living together as if they are a married couple.”.

In rule E.30(4) (death attributable to service), for “widow’s pension” in each place it occurs substitute “surviving spouse’s or civil partner’s pension”.

Schedule 2^f1 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (Naval and Marines Attributable Benefits Scheme) is amended as follows.

In Part A, in rule A.1 (interpretation) after the definition of “relevant disabling condition” insert—

• ““relevant gender change case” means a case where—

  1. (a)

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

  2. (b)

     at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;”.

In Part C—

In Part D of Schedule 2 to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (benefits payable in respect of eligible children) for rule D.1(3) (entitlement to a child’s compensation) substitute—

“(3)

This Part will only apply when—

(a)

the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)

was a man married to a woman whom he leaves a widow; or

(ii)

was a woman married to a woman in a relevant gender change case whom she leaves a widow;

(b)

the deceased person was a woman who was in service on or after 1st October 1987, and at the time of her death was married to a man whom she leaves a widower;

(c)

the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—

(i)

married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or

(ii)

was in a civil partnership with a person,

whom the deceased person leaves as a surviving spouse or surviving civil partner;

(d)

the deceased person was an eligible partner and was in service on or after 5th December 2005.”.

Part E of Schedule 1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010^f1 (death benefits) is amended as follows.

In rule E.1—

In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—

“(d)

the member was—

(i)

a man and was married to a woman whom he leaves a widow; or

(ii)

a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.”.

After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—

“(8)

A deceased woman falls within this rule if—

(a)

she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b)

at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

In rule E.9 (suspensions of pension on marriage etc.), for paragraph (3) substitute—

“(3)

This paragraph applies while the surviving spouse or civil partner and another person are living together as if they are a married couple.”.

In rule E.30(4) (death attributable to service), for “widow’s pension” in each place it occurs substitute “surviving spouse’s or civil partner’s pension”.

Schedule 2^f1 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (Army Attributable Benefits Scheme) is amended as follows.

In Part A, in rule A.1 (interpretation) after the definition of “relevant disabling condition” insert—

• ““relevant gender change case” means a case where—

  1. (a)

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

  2. (b)

     at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;”.

In Part C—

In Part D of Schedule 2 to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 (benefits payable in respect of eligible children) for rule D.1(3) (entitlement to a child’s compensation) substitute—

“(3)

This Part will only apply when—

(a)

the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)

was a man married to a woman whom he leaves a widow; or

(ii)

was a woman married to a woman in a relevant gender change case whom she leaves a widow;

(b)

the deceased person was a woman who was in service on or after 1st October 1987, and at the time of her death was married to a man whom she leaves a widower;

(c)

the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—

(i)

married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or

(ii)

was in a civil partnership with a person,

whom the deceased person leaves as a surviving spouse or surviving civil partner;

(d)

the deceased person was an eligible partner and was in service on or after 5th December 2005.”.

Part E of Schedule 1 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010^f1 (death benefits) is amended as follows.

In rule E.1—

In rule E.6 (widows’ pensions: service ended before 31st March 1973), for paragraph (1)(d) substitute—

“(d)

the member was—

(i)

a man and was married to a woman whom he leaves a widow; or

(ii)

a woman who falls within rule E.6(8) and was married to a woman whom she leaves a widow.”.

After rule E.6(7) (widows’ pensions: service ended before 31st March 1973) insert—

“(8)

A deceased woman falls within this rule if—

(a)

she was a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004; and

(b)

at the time of her death she was married to a woman and that marriage subsisted before the time when that certificate was issued.”.

In rule E.9 (suspension of pension on marriage etc.), for paragraph (3) substitute—

“(3)

This paragraph applies while the surviving spouse or civil partner and another person are living together as if they are a married couple.”.

In rule E.30(4) (death attributable to service), for “widow’s pension” in each place it occurs substitute “surviving spouse’s or civil partner’s pension”.

Schedule 2^f1 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (Royal Air Force Attributable Benefits Scheme) is amended as follows.

In Part A, in rule A.1 (interpretation) after the definition of “relevant disabling condition” insert—

• ““relevant gender change case” means a case where—

  1. (a)

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

  2. (b)

     at the time of her death the deceased woman was married to a woman and that marriage subsisted before the time when the certificate was issued;”.

In Part C—

In Part D of Schedule 2 to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 (benefits payable in respect of eligible children) for rule D.1(3) (entitlement to a child’s compensation) substitute—

“(3)

This Part will only apply when—

(a)

the deceased person was in service on or after 31st March 1973 and at the time of the deceased person’s death—

(i)

was a man married to a woman whom he leaves a widow; or

(ii)

was a woman married to a woman in a relevant gender change case whom she leaves a widow;

(b)

the deceased person was a woman who was in service on or after 1st October 1987, and at the time of her death was married to a man whom she leaves a widower;

(c)

the deceased person was in service on or after 1st October 1987 and at the time of the deceased person’s death was either—

(i)

married to a person of the same sex (except in a case where sub-paragraph (a)(ii) applies to the deceased person); or

(ii)

was in a civil partnership with a person,

whom the deceased person leaves as a surviving spouse or surviving civil partner;

(d)

the deceased person was an eligible partner and was in service on or after 5th December 2005.”.

The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011^f1 are amended as follows.

In Schedule 1, in Part D (death benefits)—

In Schedule 2, in Part C (death benefits), for rules C.2(4) and (5) substitute—

“(4)

Condition B is that the deceased person—

(a)

was—

(i)

a man; or

(ii)

a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004;

(b)

was in service on or after 31st March 1973;

(c)

was married to a woman and that marriage—

(i)

took place before the deceased person ceased service; and

(ii)

in the case of a deceased person falling within sub-paragraph (a)(ii), subsisted before the time when the certificate was issued; and

(d)

died leaving her a widow.

(5)

Condition C is that the deceased person—

(a)

was—

(i)

a man; or

(ii)

a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004;

(b)

was in service on or after 6th April 1978;

(c)

married a woman—

(i)

after leaving service; and

(ii)

in the case of a deceased person falling within sub-paragraph (a)(ii), the marriage subsisted before the time when the certificate was issued; and

(d)

died leaving her a widow.”.

The Royal Mail Statutory Pension Scheme in Schedule 1 to the Postal Services Act 2011 (Transfer of Accrued Pension Rights) Order 2012^f1 is amended as follows.

In Part 1, after rule 2, insert—

“Marriage of a same sex couple

2A.

(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.

Living together as a same sex couple

2B.

(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 together 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

2C.

(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, and

(b)

at the time of the deceased Scheme 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 this Scheme 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 deceased Scheme 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 this Scheme as if the certificate had not been issued.”.

In each of the enactments set out at sub-paragraph (4), any reference to a “widow” includes a woman who is the surviving spouse of a woman to whom sub-paragraph (3) applies.

In each of the enactments set out in sub-paragraph (4)(c) to (f), any reference to a “husband” includes a reference to a woman to whom sub-paragraph (3) applies.

This sub-paragraph applies to a deceased woman who—

The enactments referred to in sub-paragraphs (1) and (2) are—

Any person is entitled to obtain, from the Registrar General for England and Wales or from the Registrar General for Scotland a certified copy of any entry in a marriage register book transmitted to that Registrar General under section 10 of the Foreign Marriage Act 1892^f1 or article 6 of the Foreign Marriage Order 1970^f2 as the case may be, on payment of a fee.

The fee payable under sub-paragraph (1) is the same fee as is for the time being charged by that Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in their custody of marriages performed in England and Wales or Scotland, as the case may be.

A certified copy provided under sub-paragraph (1) shall be sufficient evidence of the marriage.

Any person is entitled to obtain, from the Registrar General for England and Wales or from the Registrar General for Scotland, a certified copy of any of the documents specified in sub-paragraph (3) transmitted to that Registrar General in accordance with article 7 of the Foreign Marriage Order 1970^f1 on payment of a fee.

The fee payable under sub-paragraph (1) is the same fee as is for the time being charged by that Registrar General for the provision of a certified copy of, and any necessary search for, an entry in the records in their custody of marriages performed in England and Wales or Scotland, as the case may be.

The documents referred to in sub-paragraph (1) are—

A certified copy provided by a Registrar General under sub-paragraph (1) of any entry in the register under the Foreign Marriage Act 1892 is sufficient evidence of the formation of a foreign marriage.

In this paragraph a “foreign marriage” means a marriage solemnized in a foreign country.