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Pension Schemes Act 1993

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Changes over time for: Section 38A

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Changes to legislation:

Pension Schemes Act 1993, Section 38A is up to date with all changes known to be in force on or before 07 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F138ARegulations about relevant gender change casesE+W+S

(1)The Secretary of State may, by regulations, make provision for—

(a)section 17,

(b)[F2section 24D,] or

(c)section 37,

to have its special effect in relevant gender change cases only if conditions prescribed in the regulations are met.

(2)Regulations under subsection (1) may, in particular, prescribe conditions that relate to the provision of information by—

(a)one or both of the members of married same sex couples, or

(b)the survivors of such couples.

(3)The Secretary of State may, by regulations, make further provision about cases where (because of regulations under subsection (1))—

(a)section 17,

(b)[F3section 24D,] or

(c)section 37,

does not have its special effect in relevant gender change cases.

(4)Regulations under subsection (3) may, in particular, provide for the section in question to have its ordinary effect in relevant gender change cases.

(5)Regulations under subsection (1) or (3) may, in particular, modify or disapply any enactment that concerns information relating to—

(a)the gender or sex of a person, or

(b)the change of gender or sex of a person,

including any enactment that concerns requests for, or disclosure of, such information.

(6)In this section, in relation to section 17 [F4, 24D] or 37—

(a)relevant gender change case” has the same meaning as in that section;

(b)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;

(c)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.]

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