- Latest available (Revised)
- Point in Time (15/04/2005)
- Original (As enacted)
Version Superseded: 02/04/2012
Point in time view as at 15/04/2005. This version of this schedule contains provisions that are not valid for this point in time.
Civil Partnership Act 2004, SCHEDULE 26 is up to date with all changes known to be in force on or before 28 August 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.
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Section 257
Valid from 05/12/2005
1U.K.In section 5 (power to appoint pensions to officers, etc.), after “widows” insert “ or surviving civil partners ”.
Valid from 05/12/2005
2U.K.In section 4 (disposal of residue belonging to deceased person in civil service of navy), after “widow” insert “ or surviving civil partner ”.
Valid from 05/12/2005
3(1)In section 4 (power to Treasury to commute pensions), in subsection (2) —U.K.
(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 ”.
4U.K.In section 2 (power to grant pensions, allowances, and gratuities), in subsection (1), after “widows” insert “ or surviving civil partners ”.
Commencement Information
I1Sch. 26 para. 4 wholly in force at 5.12.2005; Sch. 26 para. 4 not in force at Royal Assent see s. 263; Sch. 26 para. 4 in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 26 para. 4 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1
5U.K.In section 4 (distribution of money not exceeding £5,000 without requiring probate), after “widower” insert “ surviving civil partner ”.
Commencement Information
I2Sch. 26 para. 5 wholly in force at 5.12.2005; Sch. 26 para. 5 not in force at Royal Assent see s. 263; Sch. 26 para. 5 in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 26 para. 5 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1
Valid from 05/12/2005
6U.K.In section 10 (application of residue undisposed of), in subsection (2), for “widows” substitute “ widows, surviving civil partners ”.
7U.K.In section 24 (application of Act to cases of insanity), in paragraph (a), for “wife or husband” substitute “ wife, husband or civil partner ”.
8U.K.In section 1 (power by Order in Council to regulate fund), in subsection (1)(f), for “widows, widowers” substitute “ widows, widowers, surviving civil partners ”.
Commencement Information
I3Sch. 26 para. 8 wholly in force at 5.12.2005; Sch. 26 para. 8 not in force at Royal Assent see s. 263; Sch. 26 para. 8 in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 26 para. 8 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1
Valid from 05/12/2005
9(1)In section 5 (alteration of purposes for which voluntary funds may be applied in certain cases)—U.K.
(a)after “wives,” (in each place) insert “ civil partners, ”, and
(b)after “widows,” (in each place) insert “ surviving civil partners, ”.
(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 partners, ”.
Valid from 05/12/2005
10U.K.In section 8 (appeals to Pensions Appeal Tribunals), in subsection (1), for “the motherless child or” substitute “ surviving civil partner or the orphan, ”.
Valid from 05/12/2005
11U.K.In section 7 (restoration of forfeited pensions), in subsection (2), after “wife,” insert “ civil partner, ”.
12U.K.In section 8 (statutory right of widow or dependant to a pension), for “widow” substitute “ widow, surviving civil partner ”.
Valid from 05/12/2005
13U.K.In section 2 (restoration of forfeited pension), in subsection (2), after “wife,” insert “ civil partner, ”.
Valid from 05/12/2005
14(1)In section 1 (extension of powers to grant pensions to persons employed for the purposes of Greenwich Hospital), in subsection (1)(a) and (b) for “widows” substitute “ widows, surviving civil partners ”.U.K.
(2)In section 1(2), for “spouses” substitute “ spouses, civil partners ”.
Valid from 05/12/2005
15U.K.In section 1 (appeals against rejection of war pension claims made in respect 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 ”.
Valid from 05/12/2005
16U.K.In section 2 (extension of power to grant pensions, etc.), in subsection (1), after “widows” insert “ and surviving civil partners ”.
17U.K.In section 1 (power to apply Royal Warrant as to pensions etc. to certain Polish forces), in subsection (1), after “widows,” insert “ surviving civil partners, ”.
Commencement Information
I4Sch. 26 para. 17 wholly in force at 5.12.2005; Sch. 26 para. 17 not in force at Royal Assent see s. 263; Sch. 26 para. 17 in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 26 para. 17 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1
Valid from 05/12/2005
18U.K.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 ”,
(c)for “of a man” substitute “ or civil partner of a person ”, and
(d)for “re-married” substitute “ subsequently married or formed a civil partnership ”.
Valid from 05/12/2005
19(1)Amend section 1 (deduction from pay in respect of liabilities for maintenance, etc.) as follows.U.K.
(2)In subsection (1), in paragraphs (a), (aa) and (b) after “wife” insert “ or civil partner ”.
(3)In subsection (2A), after paragraph (a) insert—
“(aa)if, in proceedings in connection with the dissolution or 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 this section to that person’s civil partner include references to the person in whose favour the order was made; and”.
Valid from 05/12/2005
20U.K.In section 1 (extension of objects of soldiers' effects fund), in subsection (1)—
(a)for “widows or children” substitute “ widows, surviving civil partners or children ”, and
(b)after “widows,” insert “ surviving civil partners, ”.
Valid from 05/12/2005
21U.K.In section 23(1) (interpretation of Part 2)—
(a)in paragraph (a) of the definition of “dependant”, for “wife” substitute “ spouse or civil partner ”, and
(b)in the definition of “statutory tenancy”, for “widow” substitute “ surviving spouse or surviving civil partner ”.
22U.K.In paragraph (a) of section 25(6) (meaning of “dependant”), for “wife” substitute “ spouse or civil partner ”.
23U.K.In section 27(5) (interpretation of section), for “wife” (in each place) substitute “ spouse or civil partner ”.
24U.K.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 remuneration) as follows.U.K.
(2)In subsection (2), for “wife” substitute “ spouse or civil partner ”.
(3)In subsection (3)—
(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 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 pension ”,
(c)in sub-paragraph (iv) of that paragraph (a), at the end insert “ or ”, and
(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 provisions,”.
26U.K.In section 52(2)(a) (“service pay” includes marriage etc. allowances), after “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.U.K.
(2)In paragraph 1(3), for “widow” substitute “ surviving spouse, surviving civil partner ”.
(3)In paragraph 2(4), for “wife” (in each place) substitute “ spouse, civil partner ”.
Valid from 05/12/2005
28(1)Section 150 (enforcement of maintenance and affiliation orders by deduction from pay) is amended as follows.U.K.
(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 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 subsisted. ”
29U.K.In section 151 (deductions from pay for maintenance of wife or child), in subsection (1)—
(a)after “wife” (in the first place) insert “ or civil partner ”, and
(b)for “wife” (in the second place) substitute “ wife, civil partner ”.
Valid from 05/12/2005
30(1)Section 150 (enforcement of maintenance and affiliation orders by deduction from pay) is amended as follows.U.K.
(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 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 subsisted. ”
31U.K.In section 151 (deductions from pay for maintenance of wife or child), in subsection (1)—
(a)after “wife” (in the first place) insert “ or civil partner ”, and
(b)for “wife” (in the second place) substitute “ wife, civil partner ”.
Valid from 05/12/2005
32(1)Section 101 (service of proceedings for maintenance etc.) is amended as follows.U.K.
(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 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”.
Valid from 05/12/2005
33U.K.In section 48A (appeals on behalf of deceased persons), in subsection (3)(a), for “widow or widower” substitute “ widow, widower or surviving civil partner ”.
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