The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

Article 2(14)

SCHEDULE 14 AMENDMENTS TO SUBORDINATE LEGISLATION RELATING TO PROBATION

Probation (Compensation) Regulations 1965

1.—(1) Amend the Probation (Compensation) Regulations 1965(1) as follows.

(2) In regulation 23(5), after “spouse” insert “, civil partner”.

(3) In regulation 24(1), (5) and (6), for “widow” substitute “surviving spouse, surviving civil partner”.

(4) In regulation 25(3), for “widow” substitute “surviving spouse, surviving civil partner”.

(5) In regulation 26—

(a) in paragraph (1), for “widow” substitute “surviving spouse, surviving civil partner”; and

(b) for paragraph (2) substitute—

“(2) If an annual sum becomes payable to a surviving spouse or surviving civil partner under Regulation 24 of these Regulations and on the formation of their subsequent marriage or civil partnership or death the sum ceases to be payable, and the aggregate amount of the payments which were made to them as aforesaid, to their spouse or civil partner by way of retirement compensation and to their personal representative under Regulation 25 of these Regulations is less than a sum equivalent to the amount which would have been payable to the personal representative under that Regulation if no annual sum had been payable to the surviving spouse or surviving civil partner under the said Regulation 24, there shall be paid to them or their personal representative the difference between such aggregate amount and the said equivalent sum.”.

(6) In regulation 28—

(a) after “his” insert “or her”; and

(b) for “widow” substitute “surviving spouse, surviving civil partner”.

(7) In regulation 36(2), for “widow” substitute “surviving spouse, surviving civil partner”.

Local Probation Boards (Miscellaneous Provisions) Regulations 2001

2.  In regulation 6(2)(e) of the Local Probation Boards (Miscellaneous Provisions) Regulations 2001(2), after “spouse,” insert “civil partner”.

(1)

S.I. 1965/620.

(2)

S.I. 2001/786.