Pension Schemes (Northern Ireland) Act 1993

[F1 34A. Regulations about relevant gender change cases N.I.

(1) The Department may, by regulations, make provision for—

(a) section 13,

(b) [F2 section 20D,] or

(c) section 33,

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 [F3 or civil partnerships where the civil partners are of the same sex], or

(b) the survivors of such couples [F4 or civil partners].

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

(a) section 13,

(b) [F5 section 20D,] or

(c) section 33,

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 13[F6 , 20D ]or 33—

(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) are ignored) in relation to relevant gender change cases, so far 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 [F7 , or civil partners who are of the same sex,] in cases that are not relevant gender change cases.]

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)