|
| |
|
(ii) | separated in circumstances in which the separation is |
| |
likely to be permanent, or |
| |
(d) | two people of the same sex who are not civil partners of each |
| |
other but are living together as if they were civil partners.” |
| |
125 | In sections 4(1)(g), 11(6)(b) and (c), 17(10)(b), 24(2) and 32(6), for “married |
| 5 |
couple or an unmarried couple” (in each place) substitute “couple”. |
| |
126 | In sections 4(1)(g) and 17(10)(b), for “the married couple or unmarried |
| |
couple” substitute “the couple”. |
| |
127 (1) | Renumber section 48 (interpretation) as subsection (1) of that section. |
| |
(2) | In subsection (1), after the definition of “child” insert— |
| 10 |
| ““couple” has the meaning given by section 3(5A),”, |
| |
| and omit the definitions of “married couple” and “unmarried couple”. |
| |
(3) | After subsection (1) insert— |
| |
“(2) | For the purposes of this Part, two people of the same sex are to be |
| |
regarded as living together as if they were civil partners if, but only |
| 15 |
if, they would be regarded as living together as husband and wife |
| |
were they instead two people of the opposite sex.” |
| |
| |
Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 |
| |
| 20 |
128 | In sections 2(5)(a) and (8)(b), 3(1)(b), 4(1), 5, 6(3)(c)(ii) and 9(4)(a), (b) and (d), |
| |
for “married or unmarried couple” substitute “couple”. |
| |
129 | In section 2(5)(b), for “such a couple” substitute “a couple”. |
| |
130 (1) | Amend subsection (1) of section 17 (other interpretation provisions) as |
| |
| 25 |
(2) | After the definition of “the Contributions and Benefits Act” insert— |
| |
| |
(a) | a man and woman who are married to each other and |
| |
are members of the same household; |
| |
(b) | a man and woman who are not married to each other |
| 30 |
but are living together as husband and wife otherwise |
| |
than in prescribed circumstances; |
| |
(c) | two people of the same sex who are civil partners of |
| |
each other and are members of the same household; |
| |
| 35 |
(d) | two people of the same sex who are not civil partners |
| |
of each other but are living together as if they were |
| |
civil partners otherwise than in prescribed |
| |
| |
(3) | In the definition of “foreign war widow’s or widower’s pension” for “widow |
| 40 |
or widower” (in each place) substitute “widow, widower or surviving civil |
| |
| |
(4) | Omit the definitions of “married couple” and “unmarried couple”. |
| |
(5) | In the definition of “war widow’s or widower’s pension”— |
| |
|
| |
|
| |
|
(a) | in paragraph (a), for “any widow’s or widower’s” substitute “any |
| |
widow’s, widower’s or surviving civil partner’s”, and |
| |
(b) | in paragraph (b), for “widow or widower” substitute “widow, |
| |
widower or surviving civil partner”. |
| |
131 | After section 17(1) insert— |
| 5 |
“(1A) | For the purposes of this Act, two people of the same sex are to be |
| |
regarded as living together as if they were civil partners if, but only |
| |
if, they would be regarded as living together as husband and wife |
| |
were they instead two people of the opposite sex.” |
| |
| 10 |
| |
Amendment of certain enactments relating to pensions |
| |
Fire Services Act 1947 (c. 41) |
| |
1 | In section 26 (firemen’s pension scheme), in subsections (1) and (2A), for |
| |
“widows,” substitute “surviving spouses, surviving civil partners,”. |
| |
House of Commons Members’ Fund Act 1948 (c. 36) |
| 15 |
2 | In section 4 (provision for cases of special hardship), in subsection (1)(b), for |
| |
“widowers” substitute “widowers, surviving civil partners”. |
| |
Parliamentary and other Pensions Act 1972 (c. 48) |
| |
3 | In section 27 (pensions for dependants of Prime Minister or Speaker), in |
| |
subsection (2)(a)(i), for “widow or widower” substitute “widow, widower or |
| 20 |
surviving civil partner”. |
| |
Theatres Trust Act 1976 (c. 27) |
| |
4 | In section 3 (employment of staff), in subsection (d)(iii) (power to secure |
| |
pensions and gratuities payable to or in respect of officers and servants), for |
| |
“widow,” substitute “surviving spouse, surviving civil partner,”. |
| 25 |
| |
| |
Amendment of certain enactments relating to the armed forces |
| |
Greenwich Hospital Act 1865 (c. 89) |
| |
1 | In section 5 (power to appoint pensions to officers, etc.), after “widows” |
| |
insert “or surviving civil partners”. |
| 30 |
Navy and Marines (Property of Deceased) Act 1865 (c. 111) |
| |
2 | In section 4 (disposal of residue belonging to deceased person in civil service |
| |
of navy), after “widow” insert “or surviving civil partner”. |
| |
|
| |
|
| |
|
Pensions Commutation Act 1871 (c. 36) |
| |
3 (1) | In section 4 (power to Treasury to commute pensions), in subsection (2) — |
| |
(a) | after “marries” insert “or forms a civil partnership”, and |
| |
(b) | after “widow” insert “or surviving civil partner”. |
| |
(2) | In section 4(3), for “wife” substitute “wife, civil partner”. |
| 5 |
Greenwich Hospital Act 1883 (c. 32) |
| |
4 | In section 2 (power to grant pensions, allowances, and gratuities), in |
| |
subsection (1), after “widows” insert “or surviving civil partners”. |
| |
Pensions and Yeomanry Pay Act 1884 (c. 55) |
| |
5 | In section 4 (distribution of money not exceeding £5,000 without requiring |
| 10 |
probate), after “widower” insert “surviving civil partner”. |
| |
Regimental Debts Act 1893 (c. 5) |
| |
6 | In section 10 (application of residue undisposed of), in subsection (2), for |
| |
“widows” substitute “widows, surviving civil partners”. |
| |
7 | In section 24 (application of Act to cases of insanity), in paragraph (a), for |
| 15 |
“wife or husband” substitute “wife, husband or civil partner”. |
| |
Naval Medical Compassionate Fund Act 1915 (c. 28) |
| |
8 | In section 1 (power by Order in Council to regulate fund), in subsection |
| |
(1)(f), for “widows, widowers” substitute “widows, widowers, surviving |
| |
| 20 |
Naval and Military War Pensions, &c., (Administrative Expenses) Act 1917 (c. 14) |
| |
9 (1) | In section 5 (alteration of purposes for which voluntary funds may be |
| |
applied in certain cases)— |
| |
(a) | after “wives,” (in each place) insert “civil partners,”, and |
| |
(b) | after “widows,” (in each place) insert “surviving civil partners,”. |
| 25 |
(2) | In section 6 (power of Secretary of State to accept and administer gifts for |
| |
assisting disabled officers and men), after “widows,” insert “surviving civil |
| |
| |
War Pensions (Administrative Provisions) Act 1919 (c. 53) |
| |
10 | In section 8 (appeals to Pensions Appeal Tribunals), in subsection (1), for |
| 30 |
“the motherless child or” substitute “surviving civil partner or the orphan,”. |
| |
War Pensions Act 1920 (c. 23) |
| |
11 | In section 7 (restoration of forfeited pensions), in subsection (2), after “wife,” |
| |
| |
12 | In section 8 (statutory right of widow or dependant to a pension), for |
| 35 |
“widow” substitute “widow, surviving civil partner”. |
| |
|
| |
|
| |
|
Admiralty Pensions Act 1921 (c. 39) |
| |
13 | In section 2 (restoration of forfeited pension), in subsection (2), after “wife,” |
| |
| |
Greenwich Hospital Act 1942 (c. 35) |
| |
14 (1) | In section 1 (extension of powers to grant pensions to persons employed for |
| 5 |
the purposes of Greenwich Hospital), in subsection (1)(a) and (b) for |
| |
“widows” substitute “widows, surviving civil partners”. |
| |
(2) | In section 1(2), for “spouses” substitute “spouses, civil partners”. |
| |
Pensions Appeal Tribunals Act 1943 (c. 39) |
| |
15 | In section 1 (appeals against rejection of war pension claims made in respect |
| 10 |
of members of the naval, military or air forces), in subsection (4)(ii) — |
| |
(a) | after “widower,” insert “surviving civil partner,”, |
| |
(b) | for “husband” substitute “husband, civil partner”, |
| |
(c) | after “marriage” insert “or civil partnership”, and |
| |
(d) | after “place” insert “or been formed”. |
| 15 |
Greenwich Hospital Act 1947 (10 & 11 Geo. 6 c. 5) |
| |
16 | In section 2 (extension of power to grant pensions, etc.), in subsection (1), |
| |
after “widows” insert “and surviving civil partners”. |
| |
Polish Resettlement Act 1947 (c. 19) |
| |
17 | In section 1 (power to apply Royal Warrant as to pensions etc. to certain |
| 20 |
Polish forces), in subsection (1), after “widows,” insert “surviving civil |
| |
| |
18 | In section 2 (allowances from the Assistance Board), in subsection (2)(c)— |
| |
(a) | for “of men” substitute “or civil partners of persons”, |
| |
(b) | for “woman” substitute “person”, |
| 25 |
(c) | for “of a man” substitute “or civil partner of a person”, and |
| |
(d) | for “re-married” substitute “subsequently married or formed a civil |
| |
| |
Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c. 24) |
| |
19 (1) | Amend section 1 (deduction from pay in respect of liabilities for |
| 30 |
maintenance, etc.) as follows. |
| |
(2) | In subsection (1), in paragraphs (a), (aa) and (b) after “wife” insert “or civil |
| |
| |
(3) | In subsection (2A), after paragraph (a) insert— |
| |
“(aa) | if, in proceedings in connection with the dissolution or |
| 35 |
annulment of a civil partnership, an order has been made for |
| |
the payment of any periodical or other sum in respect of the |
| |
maintenance of the person who, if the civil partnership had |
| |
subsisted, would have been the civil partner of any such |
| |
person as is mentioned in subsection (1) above, references in |
| 40 |
|
| |
|
| |
|
this section to that person’s civil partner include references to |
| |
the person in whose favour the order was made; and”. |
| |
Royal Patriotic Fund Corporation Act 1950 (c. 10) |
| |
20 | In section 1 (extension of objects of soldiers’ effects fund), in subsection (1)— |
| |
(a) | for “widows or children” substitute “widows, surviving civil |
| 5 |
partners or children”, and |
| |
(b) | after “widows,” insert “surviving civil partners,”. |
| |
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65) |
| |
21 | In section 23(1) (interpretation of Part 2)— |
| |
(a) | in paragraph (a) of the definition of “dependant”, for “wife” |
| 10 |
substitute “spouse or civil partner”, and |
| |
(b) | in the definition of “statutory tenancy”, for “widow” substitute |
| |
“surviving spouse or surviving civil partner”. |
| |
22 | In paragraph (a) of section 25(6) (meaning of “dependant”), for “wife” |
| |
substitute “spouse or civil partner”. |
| 15 |
23 | In section 27(5) (interpretation of section), for “wife” (in each place) |
| |
substitute “spouse or civil partner”. |
| |
24 | In section 38(5) (interpretation of section), for “wife” (in each place) |
| |
substitute “spouse or civil partner”. |
| |
25 (1) | Amend section 46 (general provisions as to payments to make up civil |
| 20 |
remuneration) as follows. |
| |
(2) | In subsection (2), for “wife” substitute “spouse or civil partner”. |
| |
| |
(a) | the words from “a widow entitled to a widow’s pension” to the end |
| |
of paragraph (iv) become paragraph (a) of the subsection (so that |
| 25 |
paragraphs (i) to (iv) become sub-paragraphs of that paragraph (a)), |
| |
(b) | in that paragraph (a), for “widow entitled to a widow’s pension” |
| |
substitute “surviving spouse entitled to a surviving spouse’s |
| |
| |
(c) | in sub-paragraph (iv) of that paragraph (a), at the end insert “or”, and |
| 30 |
(d) | before “there may” insert the following paragraph— |
| |
“(b) | a surviving civil partner entitled to a surviving civil |
| |
partner’s pension by virtue of any of those |
| |
| |
26 | In section 52(2)(a) (“service pay” includes marriage etc. allowances), after |
| 35 |
“marriage,” insert “civil partnership,”. |
| |
27 (1) | Amend Schedule 3 (financial provisions consequential on treating a person |
| |
dying on service as alive and the converse) as follows. |
| |
(2) | In paragraph 1(3), for “widow” substitute “surviving spouse, surviving civil |
| |
| 40 |
(3) | In paragraph 2(4), for “wife” (in each place) substitute “spouse, civil |
| |
| |
|
| |
|
| |
|
Army Act 1955 (3 & 4 Eliz. 2 c. 18) |
| |
28 (1) | Section 150 (enforcement of maintenance and affiliation orders by deduction |
| |
from pay) is amended as follows. |
| |
(2) | In subsection (1)(a) and (aa), after “wife” insert “or civil partner”. |
| |
(3) | In subsection (5), after “marriage had subsisted;” insert— |
| 5 |
| “ references to a civil partner include, in relation to an order made in |
| |
proceedings in connection with the dissolution or annulment of a |
| |
civil partnership, references to a person who would have been the |
| |
civil partner of the defendant if the civil partnership had |
| |
| 10 |
29 | In section 151 (deductions from pay for maintenance of wife or child), in |
| |
| |
(a) | after “wife” (in the first place) insert “or civil partner”, and |
| |
(b) | for “wife” (in the second place) substitute “wife, civil partner”. |
| |
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) |
| 15 |
30 (1) | Section 150 (enforcement of maintenance and affiliation orders by deduction |
| |
from pay) is amended as follows. |
| |
(2) | In subsection (1)(a) and (aa), after “wife” insert “or civil partner”. |
| |
(3) | In subsection (5), after “marriage had subsisted;” insert— |
| |
| “ references to a civil partner include, in relation to an order made in |
| 20 |
proceedings in connection with the dissolution or annulment of a |
| |
civil partnership, references to a person who would have been the |
| |
civil partner of the defendant if the civil partnership had |
| |
| |
31 | In section 151 (deductions from pay for maintenance of wife or child), in |
| 25 |
| |
(a) | after “wife” (in the first place) insert “or civil partner”, and |
| |
(b) | for “wife” (in the second place) substitute “wife, civil partner”. |
| |
Naval Discipline Act 1957 (c. 53) |
| |
32 (1) | Section 101 (service of proceedings for maintenance etc.) is amended as |
| 30 |
| |
(2) | In subsection (5)(a) and (b), after “wife” insert “or civil partner”. |
| |
(3) | In subsection (5A), after paragraph (a) insert— |
| |
“(aa) | references to the civil partner of a person include, in relation |
| |
to an order made in proceedings in connection with the |
| 35 |
dissolution or annulment of a civil partnership, references to |
| |
a person who would have been his civil partner if the civil |
| |
partnership had subsisted; and”. |
| |
Courts-Martial (Appeals) Act 1968 (c. 20) |
| |
33 | In section 48A (appeals on behalf of deceased persons), in subsection (3)(a), |
| 40 |
for “widow or widower” substitute “widow, widower or surviving civil |
| |
| |
|
| |
|