2019 No. 1458
The Civil Partnership (Opposite-sex Couples) Regulations 2019
Made
Coming into force in accordance with regulation 1(2)
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 2(1), (3), (5) and (7) and 5(2), (4) and (5) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 20191, section 64(1) and (2) of the Human Fertilisation and Embryology Act 20082, and section 17(2) and (3) of the Marriage (Same Sex Couples) Act 20133.
The Secretary of State has carried out consultation in accordance with section 2(6) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019.
The Welsh Ministers have been consulted in accordance with section 64(6) of the Human Fertilisation and Embryology Act 20084.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 5(7) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, section 62(3) of the Human Fertilisation and Embryology Act 2008, and section 18(2) of the Marriage (Same Sex Couples) Act 2013.
PART 1Introductory provision
Citation and commencement1
1
These Regulations may be cited as the Civil Partnership (Opposite-sex Couples) Regulations 2019.
2
These Regulations come into force on the later of 2nd December 2019 and the day after the day on which they are made.
Extent2
1
Subject to the following provisions of this regulation, these Regulations extend to England and Wales only.
2
The following provisions of these Regulations extend to England and Wales, Scotland and Northern Ireland—
a
this Part;
d
regulation 38;
e
regulation 41.
3
The following provisions of these Regulations extend to England and Wales and Scotland—
b
regulation 25.
4
Subject to paragraph (5), an amendment contained in Schedule 3 has the same extent as the provision amended (except insofar as the provision extends outside the United Kingdom).
PART 2Extension of civil partnership to opposite-sex couples in England and Wales
Amendment of definition of civil partnership3
In section 1(1) of the Civil Partnership Act 20045, in the words before paragraph (a), omit “of the same sex”.
Formation of civil partnerships by opposite-sex couples in England and Wales4
In section 3(1) of the Civil Partnership Act 2004, omit paragraph (a).
Treatment of opposite-sex overseas relationships as civil partnerships5
1
Part 5 of the Civil Partnership Act 2004 is amended as follows.
2
In section 212(1)(b), omit sub-paragraph (i) (including the “and”).
3
In section 2136—
a
in subsection (1), for “by Schedule 20.” substitute—
—
a
in the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20,
b
in the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20.
b
in subsection (3), after “this section” insert “amending Part 1 of Schedule 20”.
4
In section 215—
a
in subsection (2), for “subsection (3)” substitute “subsections (3) and (5B)”;
b
after subsection (5) insert—
5A
In the case of a relationship that is—
a
an overseas relationship treated as a civil partnership for the purposes of this Act only as a result of the amendments made by the Civil Partnership (Opposite-sex Couples) Regulations 20197 (“the 2019 Regulations”), and
b
registered (under the relevant law) as having been entered into before the 2019 Regulations come into force,
subsection (5B) or (as the case may be) subsections (5C) and (5D) apply in place of subsections (3) to (5).
5B
The time when the two people are treated as having formed a civil partnership is the time when the 2019 Regulations come into force.
5C
But if—
a
before the 2019 Regulations come into force, a dissolution or annulment of the overseas relationship was obtained outside the United Kingdom, and
b
the dissolution or annulment would be recognised under Chapter 3 if the overseas relationship had been treated as a civil partnership at the time of the dissolution or annulment,
subsection (5B) does not apply and subsections (1) and (2) have effect subject to subsection (5D).
5D
The overseas relationship is not to be treated as having been a civil partnership for the purposes of any provision except—
a
Schedules 7, 11 and 17 (financial relief in United Kingdom after dissolution or annulment obtained outside the United Kingdom);
b
such provisions as are specified (with or without modifications) in regulations under section 2 or 5 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019;
c
Chapter 3 (so far as necessary for the purposes of paragraphs (a) and (b)).
c
in subsection (6), omit “216,”.
5
Omit section 2168.
6
In Schedule 209—
a
the existing text becomes Part 1;
b
as the heading of that Part insert “Same-sex relationships”;
c
in that Part, in the words before the table, for “section 213 (meaning of “overseas relationship”)” substitute “section 213(1)(a) (specified relationships between two people of the same sex)”;
d
after that Part insert as Part 2 the provision set out in Schedule 1.
Transitional provision in relation to opposite-sex overseas relationships6
Schedule 2 contains transitional provision in connection with regulation 5.
PART 3Religious protection
Approval of religious premises for formation of civil partnership
7
In section 6 of the Civil Partnership Act 200410, after subsection (3C) insert—
3D
Where, further to regulations under section 6A of this Act or section 2 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, an approval of premises for the purposes of subsection (3A)(a) has effect—
a
only in relation to civil partnerships formed by two people of the same sex, or
b
only in relation to civil partnerships formed by two people of the opposite sex,
the premises are “approved premises”, for the purposes of this Part, only in relation to civil partnerships of that sort.
8
1
The Marriages and Civil Partnerships (Approved Premises) Regulations 200511 are amended as follows.
2
Omit regulation 2B.
3
In regulation 2D, after paragraph (7) insert—
7A
Consent under this regulation must specify that it is consent to an application for approval in accordance with paragraph (a), (b) or (as the case may be) (c) of regulation 3A(1A).
4
In regulation 3A, after paragraph (1) insert—
1A
The application must state that approval, if granted, is to have effect—
a
in relation to civil partnerships generally,
b
only in relation to civil partnerships formed by two people of the same sex, or
c
only in relation to civil partnerships formed by two people of the opposite sex.
5
After regulation 6 insert—
Effect of approval of religious premises6A
1
An approval of religious premises has effect—
a
in relation to civil partnerships generally;
b
only in relation to civil partnerships formed by two people of the same sex; or
c
only in relation to civil partnerships formed by two people of the opposite sex.
2
Which of sub-paragraphs (a), (b) or (c) of paragraph (1) applies depends on what was stated—
a
in the application further to which the approval was granted (in accordance with regulation 3A(1A)), or
b
if the approval has been renewed further to an application made in reliance on regulation 7(7), in the most recent such application.
6
In regulation 7, after paragraph (6) insert—
7
An application for renewal of an approval of religious premises may state that the approval is to have effect after the renewal (if granted) in accordance with a different sub-paragraph of regulation 6A(1) from that in accordance with which it has effect before the renewal.
8
Regulation 2D applies to an application for renewal made in reliance on paragraph (7) as it applies to an application for approval, but as if for paragraph (7A) of that regulation there were substituted—
7A
Consent under this regulation must specify that it is consent to an application for renewal that will result in the approval having effect in accordance with sub-paragraph (a), (b) or (as the case may be) (c) of regulation 6A(1).
7
In regulation 10(1A), for the words from “that premises” to the end substitute—
—
a
that premises are religious premises approved for the formation of civil partnerships; and
b
whether the approval of such premises has effect—
i
in relation to civil partnerships generally;
ii
only in relation to civil partnerships formed by two people of the same sex; or
iii
only in relation to civil partnerships formed by two people of the opposite sex.
8
In the heading of regulation 16, at the end insert “relating to the 1995 Regulations”.
9
After regulation 16 insert—
Transitional provisions relating to the introduction of opposite-sex civil partnership17
1
Any approval of religious premises in force immediately before the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force has effect, on and after that date, in accordance with regulation 6A(1)(b) (approval having effect only in relation to same-sex partnerships).
2
Any application for approval of religious premises made before the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force is to be treated, on and after that date (so far as anything remains to be done in relation to it), as having been made in accordance with regulation 3A(1A)(b) (approval sought only in relation to same-sex partnerships).
3
The holder of an approval of religious premises which, by virtue of paragraph (1) or (2), has effect in accordance with regulation 6A(1)(b) may apply to modify the approval so that it has effect in accordance with sub-paragraph (a) or (c) of regulation 6A(1) instead.
4
Regulation 2D (required consent) applies to an application under paragraph (3) as it applies to an application for approval of religious premises, but as if for paragraph (7A) of that regulation there were substituted—
7A
Consent under this regulation must specify that it is consent to an application for modification that will result in the approval having effect in accordance with sub-paragraph (a) or (as the case may be) (c) of regulation 6A(1).
5
The applicant must deliver to the proper officer of the authority—
a
an application in writing, including the name and address of the applicant; and
b
the required consent (or in the case of premises within the meaning of regulation 2D(8), each of the required consents).
6
The applicant must provide the authority with such additional information as it may reasonably require in order to determine the application.
7
If satisfied that the application has been made in accordance with this regulation, the authority must grant the modification; and if not so satisfied, the authority must refuse the modification.
8
A holder of an approval who is aggrieved in relation to a decision under paragraph (7) to refuse a modification may request a review of that decision by delivering a request to the proper officer of the authority.
9
On such a review the authority may, acting in accordance with paragraphs (3) to (7), confirm the original decision or substitute a different decision.
10
Paragraphs (4) and (6) of regulation 9 apply to a review under paragraph (8) as they apply to a review under that regulation.
11
The proper officer must amend the register kept under regulation 10 immediately on the grant of a modification under paragraph (7).
12
A modification granted under paragraph (7)—
a
results in the approval having effect in accordance with regulation 6A(1)(a) or (as the case may be) (c); but
b
has no effect on the duration of the approval so modified.
Protection against compulsion in relation to religious involvement in civil partnership
9
1
The Civil Partnership Act 2004 is amended as follows.
2
In section 6A12, omit subsection (3A).
3
After section 30 insert—
Religious involvement: protection against compulsion30ZA
1
A protected person may not be compelled by any means (including by the enforcement of a contract or a statutory or other legal requirement) to—
a
seek or consent to the approval of religious premises for the purposes of section 6(3A)(a)13,
b
allow religious premises to be used as the place at which two people register as civil partners of each other under this Part, or
c
provide, arrange, facilitate, participate in, or be present at—
i
an occasion during which two people register as civil partners of each other on religious premises under this Part, or
ii
a ceremony or event in England or Wales to mark the formation of a civil partnership,
where the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.
2
In this section—
“protected person” means—
- a
a religious organisation,
- b
a constituent body or part of a religious organisation, or
- c
a person acting on behalf of, or under the auspices of, such an organisation, body or part,
but does not include a civil partnership registrar;
“religious premises” has the meaning given by section 6A(3C).
10
1
The Equality Act 201014 is amended as follows.
2
In section 11015, after subsection (5B) insert—
5BA
If A is a protected person, A does not contravene this section if A—
a
does not allow religious premises to be used as the place at which two people register as civil partners of each other under Part 2 of the Civil Partnership Act 2004 (“the 2004 Act”), or
b
does not provide, arrange, facilitate or participate in, or is not present at—
i
an occasion during which two people register as civil partners of each other on religious premises under Part 2 of the 2004 Act, or
ii
a ceremony or event in England or Wales to mark the formation of a civil partnership,
for the reason that the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.
5BB
In subsection (5BA)—
“protected person” has the meaning given by section 30ZA(2) of the 2004 Act;
“religious premises” has the meaning given by section 6A(3C) of the 2004 Act.
3
In Part 6A of Schedule 316—
a
in the heading, after “Same Sex Couples” insert “and Civil Partnership”;
b
after paragraph 25A insert—
No compulsion for religious organisations or persons acting on their behalf to act in relation to civil partnerships25AA
1
A protected person does not contravene section 29 only because the person—
a
does not allow religious premises to be used as the place at which two people register as civil partners of each other under Part 2 of the Civil Partnership Act 2004 (“the 2004 Act”), or
b
does not provide, arrange, facilitate or participate in, or is not present at—
i
an occasion during which two people register as civil partners of each other on religious premises under Part 2 of the 2004 Act, or
ii
a ceremony or event in England or Wales to mark the formation of a civil partnership,
for the reason that the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.
2
An employer or principal does not contravene section 29 only because the employer or principal is treated under section 109 as doing something that does not, by virtue of sub-paragraph (1), amount to a contravention of section 29 by the employee or agent who in fact does it.
3
In this paragraph—
“protected person” has the meaning given by section 30ZA(2) of the 2004 Act;
“religious premises” has the meaning given by section 6A(3C) of the 2004 Act17.
Religious employment of persons in same-sex or opposite-sex civil partnerships11
In Schedule 9 to the Equality Act 2010, in paragraph 2(4)—
a
in paragraph (ca)18, after “married to” insert “, or the civil partner of,”;
b
after paragraph (ca) insert—
cb
a requirement not to be the civil partner of a person of the opposite sex;
PART 4Parenthood
Legitimacy of children of civil partners
12
1
The Legitimacy Act 197619 is amended as follows.
2
Before section 120 insert—
Legitimacy of children of civil partnersA1
1
A child is legitimate by virtue of a civil partnership between the natural parents of the child if, had the civil partnership been a marriage (and all other circumstances were the same), the child would have been legitimate at common law by virtue of the marriage.
2
The presumption of common law that a child born to a woman during her marriage to a man is also the natural child of her spouse applies equally in relation to a child born to a woman during her civil partnership with a man.
3
In section 1—
a
in the heading, “after “void marriages” insert “and civil partnerships”;
b
in subsection (1)—
i
after “void marriage” insert “or a void civil partnership”;
ii
after “celebration of the marriage” insert “, or the formation of the civil partnership,”;
iii
after “that the marriage” insert “or civil partnership”;
c
in subsection (3), after “marriage” insert “or civil partnership”;
d
in subsection (4)—
i
after “a child” insert “of a void marriage”;
ii
after “Family Law Reform Act 1987,” insert “or a child of a void civil partnership (whenever born),”;
iii
after “void marriage” insert “or civil partnership”;
iv
after “celebration of the marriage” insert “, or the formation of the civil partnership,”;
v
after “that the marriage” insert “or civil partnership”.
4
In section 221—
a
in the heading, after “marriage” insert “or civil partnership”;
b
after “marry” insert “or become civil partners of”;
c
after “marriage”, in the first place it occurs (after the heading), insert “or civil partnership”;
d
after “date of marriage” insert “or the date of the formation of the civil partnership”;
e
for “date of the marriage” substitute “that date”.
5
In section 322, in subsection (1)—
a
after “marry” insert “or become civil partners of”;
b
after “marriage”, in each place it occurs, insert “or civil partnership”.
6
In Schedule 1—
a
in paragraph 4, after sub-paragraph (3) insert—
4
Section 1 does not affect any matter referred to in sub-paragraph (2) or (3) so far as it applies to a child of a void civil partnership.
b
after paragraph 5 insert—
5A
Nothing in this Act, except for section 2A, legitimates a person born before the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force by virtue of a civil partnership formed by the person’s parents before that date.
13
1
The Family Law Reform Act 198723 is amended as follows.
2
In section 124—
a
in subsection (2), in paragraphs (a) and (b), after “married to” insert “, or civil partners of,”;
b
after subsection (4) insert—
4A
Subsection (4B) applies to a person—
a
who was born before the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force;
b
whose parents formed a civil partnership before that date; and
c
who does not fall within subsection (3)(ba) or (bb).
4B
A reference falling within subsection (2)(a) or (b) above does not include or (as the case may be) exclude the person by virtue of that civil partnership.
c
omit subsections (5) to (8).
3
In section 18, in subsection (2), after “married to” insert “, or civil partners of,”.
4
In section 21, in subsection (1)(a), after “married to” insert “, or civil partners of,”.
14
1
In section 50 of the Human Fertilisation and Embryology Act 200825, omit subsection (2).
2
The repeal of that subsection does not affect the status of any person born before the date on which these Regulations come into force who was treated as legitimate by virtue of that subsection (but is not so treated by virtue of section 1 of the Legitimacy Act 1976 as amended by these Regulations).
Parental responsibility of civil partners15
1
The Children Act 198926 is amended as follows.
2
In section 227, in subsections (1), (2) and (3), after “married to” insert “, or civil partners of,”.
3
In section 4, in subsection (1), in the words before paragraph (a)28, after “married to” insert “, or civil partners of,”.
4
In section 105, in subsection (2), after “married to” insert “, or civil partners of,”.
Parental status of civil partners in cases of assisted reproduction16
1
The Human Fertilisation and Embryology Act 2008 is amended as follows.
2
In section 3529—
a
in the heading, after “married to” insert “, or civil partner of,”;
b
in subsection (1)—
i
in paragraph (a), after “marriage with a man” insert “or a civil partnership with a man”;
ii
in paragraph (b) and in the words after that paragraph, after “marriage” insert “or civil partnership”.
3
In section 38(2)—
a
after “common law” insert “or section A1(2) of the Legitimacy Act 197630”;
b
after “marriage” insert “or civil partnership”.
4
In section 4031—
a
in the heading, for “husband etc” substitute “male spouse, civil partner or intended parent”;
b
in subsection (1)—
i
in paragraph (b), after “marriage with a man” insert “or a civil partnership with a man”;
ii
in paragraphs (c), (d) and (e), after “marriage” insert “or civil partnership”.
5
In section 42(1)32, after “a civil partnership” insert “with another woman”.
6
In section 45(2)—
a
after “common law” insert “or section A1(2) of the Legitimacy Act 1976”;
b
after “marriage” insert “or civil partnership”.
7
In section 4633—
a
in the heading, for “civil partner or wife or intended female parent” substitute “female spouse, civil partner or intended parent”;
b
in subsection (1)(b), for “or marriage with another woman” substitute “with a woman or a marriage with a woman”.
8
In section 48(6)(b), after “party to a” insert “marriage or”.
Registration of birth of children of civil partners
17
1
The Births and Deaths Registration Act 195334 is amended as follows.
2
In section 1035—
a
in the heading, omit “where parents not married”, in the first place it occurs;
b
in subsection (1), in the words before paragraph (a), after “married to” insert “, or civil partners of,”;
c
in subsection (2), in the words before paragraph (a), after “married to” insert “, or civil partners of,”;
d
in subsection (3), after “married to” insert “, or civil partners of,”.
3
In section 10A36, in subsection (1), in the words before paragraph (a), after “married to” insert “, or civil partners of,”.
18
1
The Registration of Births and Deaths Regulations 198737are amended as follows.
2
In regulation 9, in paragraph (7)38—
a
omit sub-paragraph (a) (including the final “or”);
b
in sub-paragraph (b), after “with, the” insert “father or”.
3
In the heading of Part 4, after “married to” insert “, or civil partners of,”.
4
In regulation 19, in paragraph (b)(ii)39—
a
omit “her marriage to the father, or”;
b
after “with, the” insert “father or”.
19
1
Schedule 6 to the Welfare Reform Act 200940 (which makes amendments in relation to the registration of births that are not yet in force) is amended as follows.
2
In paragraph 241—
a
in sub-paragraph (2), in the substituted paragraph (aa)—
i
in sub-paragraph (i), after “married to” insert “, or civil partners of,”;
ii
in sub-paragraph (ii), omit “where parents not married”;
b
in sub-paragraph (4), in the inserted subsection (4), after “married to”, in both places it occurs, insert “, or civil partners of,”.
3
In paragraph 3—
a
in sub-paragraph (2), after “married to” insert “, or civil partners of,”;
b
in sub-paragraph (4), after “married” insert “or civil partners”.
4
In paragraph 4—
a
in the inserted section 2A—
i
in the heading, after “married” insert “or civil partners”;
ii
in subsection (1), in the words before paragraph (a), after “married to” insert “, or civil partners of,”;
b
in the inserted section 2B—
i
in the heading, for “unmarried mother” substitute “mother not married or a civil partner”;
ii
in subsection (1), after “married” insert “or civil partners”;
c
in the inserted section 2D—
i
in subsection (1), in the words before paragraph (a), after “married to” insert “, or civil partners of,”;
ii
in subsection (3), after “married to” insert “, or civil partners of,”.
5
In paragraph 10, in sub-paragraph (2), in the inserted subsection (3A), for “unmarried mother” substitute “mother not married or a civil partner”.
6
In paragraph 11—
a
in sub-paragraph (1)—
i
omit “where parents not married”;
ii
after “parents not” (in the remaining place it occurs) insert “married or”;
b
in sub-paragraph (2)(a), after “married to” insert “, or civil partners of,”.
7
In paragraph 13—
a
in the inserted section 10B, in subsection (2)(a), after “married to” insert “, or civil partners of,”;
b
in the inserted section 10C, in subsection (2)(a), after “married to” insert “, or civil partners of,”.
8
In paragraph 19, in the inserted subsection (1A), for “unmarried mother” substitute “mother not married or a civil partner”.
20
In section 5 of the Registration of Births, Deaths and Marriages Act (Special Provisions) Act 195742—
a
in subsection (1), in the words after paragraph (b) (but before the proviso), after “subsequent marriage” insert “or civil partnership”;
b
in subsection (2), after “marriage”, in both places it occurs, insert “or formation of the civil partnership”;
c
omit subsection (3)(b).
21
In article 3A of the Service Departments Registers Order 195943—
a
in paragraph (1), in the words before sub-paragraph (a), after “married to” insert “, or civil partners of,”;
b
in paragraph (3), in the words before sub-paragraph (a), after “married to” insert “, or civil partners of,”.
c
in paragraph (4), after “married to” insert “, or civil partners of,”;
Status of male civil partners as fathers for purposes of nationality law22
In section 50(9A)(a) of the British Nationality Act 198144, after “husband” insert “or male civil partner”.
PART 5Gender recognition
Gender Recognition Act 2004 amended23
Ordinary applications: evidence about civil partnership24
1
Section 3 is amended as follows.
2
After subsection (6A)46 insert—
6AA
If the applicant is a civil partner, an application under section 1(1) must include a statutory declaration as to whether the civil partnership is a civil partnership under the law of England and Wales, of Scotland, or of Northern Ireland, or is an overseas relationship that is treated as a civil partnership by virtue of Chapter 2 of Part 5 of the Civil Partnership Act 2004.
3
In subsection (6B)—
a
in the words before paragraph (a)—
i
after “married” insert “or a civil partner”;
ii
after “the marriage” insert “or civil partnership”;
iii
after “protected marriage” insert “or a protected civil partnership”;
b
in paragraph (a)—
i
after “spouse”, where it first occurs, insert “or civil partner”;
ii
after “spouse”, in both remaining places it occurs, insert “or partner”;
iii
after “marriage” insert “or partnership”;
c
in paragraph (b), after “spouse” insert “or civil partner”.
4
In subsection (6C)—
a
after “spouse”, where it first occurs, insert “or civil partner”;
b
after “spouse”, in the remaining place it occurs, insert “or partner”.
Applications on alternative ground: evidence about civil partnership25
1
Section 3B47 is amended as follows.
2
After subsection (7) insert—
7A
If the applicant is a civil partner, the application must include a statutory declaration as to whether the civil partnership is a civil partnership under the law of England and Wales, of Scotland, or of Northern Ireland, or is an overseas relationship that is treated as a civil partnership by virtue of Chapter 2 of Part 5 of the Civil Partnership Act 2004.
3
In subsection (8)—
a
in the words before paragraph (a)—
i
after “married” insert “or a civil partner”;
ii
after “the marriage” insert “or civil partnership”;
iii
after “protected marriage” insert “or a protected civil partnership”;
b
in paragraph (a)—
i
after “spouse”, where it first occurs, insert “or civil partner”;
ii
after “spouse”, in the remaining place it occurs, insert “or partner”;
c
in paragraph (b), after “spouse” insert “or civil partner”.
4
In subsection (9)—
a
after “spouse”, where it first occurs, insert “or civil partner”;
b
after “spouse”, in the remaining place it occurs, insert “or partner”.
Grant of full gender recognition certificate to one civil partner with consent of other partner26
1
Section 448 is amended as follows.
2
In subsection (2)(c), for the words from “the Panel” to the end substitute “the applicant’s civil partner consents to the civil partnership continuing after the issue of a full gender recognition certificate.”
3
In subsection (3)—
a
in paragraph (c), for the words from “has not made” to the end substitute “does not consent to the civil partnership continuing after the issue of a full gender recognition certificate, or”;
b
omit paragraph (d) (including the final “or”).
4
In subsection (3A)—
a
after “protected marriage” insert “or a protected civil partnership”;
b
after “spouse” insert “or civil partner”.
5
Omit subsection (3B).
Grant of full certificate where other civil partner consents after interim certificate issued
27
In the italic heading before section 4A, after “married” insert “or a civil partner”.
28
1
Section 4A49 is amended as follows.
2
In the heading, after “Married person” insert “or civil partner”.
3
In subsection (1), for “in either of the following cases” substitute “if subsection (2) applies”.
4
In subsection (2)—
a
in the words before paragraph (a), for “Case A is where” substitute “This subsection applies if”;
b
in paragraph (b), after “protected marriage” insert “or a protected civil partnership”;
c
in paragraph (c), after “protected marriage” insert “or a protected civil partnership”;
d
in paragraph (d)—
i
after “spouse” insert “or civil partner”;
ii
after “marriage” insert “or civil partnership”.
5
Omit subsection (3).
6
In subsection (4), omit “or (3)”.
7
Omit subsection (6).
8
In subsection (7)—
a
omit “or (3)”;
b
after “spouse” insert “or civil partner”.
9
Omit subsection (8).
10
In subsection (9)—
a
for “this section” substitute “subsection (2)”;
b
after “spouse” insert “or civil partner”.
11
Omit subsection (10).
Grant of full gender recognition certificate after death of civil partner while section 4A application pending29
1
Section 4B50 is amended as follows.
2
In the heading, after “spouse” insert “or civil partner”.
3
In subsection (1)—
a
in the words before paragraph (a)—
i
omit “or (3)”;
ii
after “spouse” insert “or civil partner”;
b
in paragraph (a), after “has died” insert “or under section 5A(2) in a case where a civil partner has died”.
4
In subsection (3)—
a
in the definition of “new application”, after “section 5(2)” insert “or (as the case may be) section 5A(2)”;
b
in the definition of “required evidence”, after “section 5(4)” insert “or (as the case may be) section 5A(4)”.
Removal of requirement for both civil partners to obtain full gender recognition certificate30
Omit section 5B51.
Applications by civil partners to quash certificates secured by fraud31
In section 8(5A)52 , after “spouse” insert “or civil partner”.
Continuity of civil partnership on change of gender32
For section 11B53 substitute—
Change in gender of civil partner11B
1
This section applies in relation to a protected civil partnership if (by virtue of section 4(2)(c) or 4A) a full gender recognition certificate is issued to a party to the partnership.
2
The continuity of the protected civil partnership is not affected by the relevant change in gender.
3
If the protected civil partnership is a protected overseas relationship—
a
the continuity of the civil partnership continues by virtue of subsection (2) notwithstanding any impediment under the relevant law;
b
the relevant law is not affected by the continuation of the civil partnership by virtue of subsection (2).
4
In this section—
“impediment” means anything which would affect the continuation of the overseas relationship merely by virtue of the relevant change in gender;
“relevant change in gender” means the change or changes in gender occurring by virtue of the issue of the full gender recognition certificate or certificates;
“relevant law”, in relation to the protected overseas relationship in question, has the same meaning as in Chapter 2 of Part 5 of the Civil Partnership Act 2004.
Amendment of definition relating to civil partnership to include overseas relationships33
In section 2554, in the definition of “protected civil partnership”, for the words from “means” to the end substitute—
means—
a
a civil partnership under the law of England or Wales, or
b
an overseas relationship that is treated as a civil partnership by virtue of Chapter 2 of Part 5 of the Civil Partnership Act 2004,
and “protected overseas relationship” means a protected civil partnership within paragraph (b),
Regulations about registration of civil partnership following a change of gender by either party34
In Schedule 3, in paragraph 11A(3)55, in the definition of “qualifying civil partnership”, for “each” substitute “one, or each,”.
Transitional provision about applications35
1
This regulation applies where—
a
an application under section 1 or 4A56 of the Gender Recognition Act 2004 (“the Act”) has been received by the Gender Recognition Panel (“the Panel”) before the date on which these Regulations come into force, and
b
the Panel has not, before that date, granted or rejected the application.
2
3
The Panel must—
a
inform the applicant of the difference of outcome that appears possible,
b
ask the applicant if he or she wishes for the application to be dealt with in accordance with the Act as amended by this Part, and
c
give the applicant a reasonable opportunity to provide any further information that would be required for the application to be so dealt with.
4
If the applicant—
a
expresses a wish for the application to be dealt with in accordance with the Act as amended by this Part, and
b
duly provides any information required under paragraph (3)(c),
the Panel must deal with the application in accordance with the Act as amended by this Part.
5
If paragraph (4) does not apply, the Panel must continue to deal with the application in accordance with the Act as it would have effect without the amendments made by this Part.
Registration of civil partnership following a change of gender by either party36
1
The Gender Recognition Register (Marriage and Civil Partnership) Regulations 201557 are amended as follows.
2
In regulation 2, after the definition of “civil partnership register entry” insert—
“civil partnership registrar” has the same meaning as in section 29 of the Civil Partnership Act 200458;
3
In regulation 16—
a
in paragraph (1), after “paragraph (2)” insert “and regulations 16A to 16D”;
b
in paragraph (2), for “certificates granted to” substitute “certificate, or certificates, granted to one or”.
c
in paragraph (4), for “the parties’ civil partnership was” substitute “a civil partnership is registered in the Gender Recognition Civil Partnership Register as having been”;
d
after paragraph (4) insert—
5
In regulations 16A to 16C—
a
references to a register office mean the register office that is agreed between the Registrar General and the parties to the qualifying civil partnership;
b
references to a civil partnership registrar are to a civil partnership registrar in post on the applicable date for the area in which the register office is situated;
c
“applicable date” means the date on which the qualifying civil partnership is recorded in the Gender Recognition Civil Partnership Register as having been formed.
4
After regulation 16 insert—
Qualifying civil partnerships of opposite sex couples16A
1
Unless the parties to the qualifying civil partnership specifically request the Registrar General to do so, the Registrar General must not register in the Gender Recognition Civil Partnership Register any of the particulars required by regulation 16(1) if to do so would indicate that a civil partnership was formed by two people of the opposite sex before the date on which the civil partnership could have been formed by virtue of the Civil Partnership (Opposite-sex Couples) Regulations 2019.
2
If, by virtue of the prohibition in paragraph (1), the Registrar General is unable to register the date on which the qualifying civil partnership was formed, the civil partnership is to be registered as if it had been entered into on the date on which it is registered in the Gender Recognition Civil Partnership Register, and, except as mentioned in paragraphs (3) and (4), the particulars to be recorded (including particulars relating to the civil partnership registrar) must be those applicable on that date.
3
Where paragraph (2) applies—
a
the condition of each of the parties is to be recorded in the Gender Recognition Civil Partnership Register as it was before they formed the civil partnership, in the manner prescribed under section 2(4) of the Civil Partnership Act 2004 on the applicable date (but see regulation 16(2));
b
the witnesses to the formation of the civil partnership are to be recorded in the Gender Recognition Civil Partnership Register as they were in the parties’ civil partnership register entry; and
c
subject to paragraph (4) and regulations 16B and 16C, the place at which the civil partnership was formed is to be registered in the Gender Recognition Civil Partnership Register as it was in the parties’ civil partnership register entry.
4
If the place required to be registered under paragraph (3)(c) is a place at which, on the date of registration in the Gender Recognition Civil Partnership Register, the parties’ civil partnership could not be formed under the law of England and Wales, the civil partnership is to be registered as if it had been formed in a register office in the presence of a civil partnership registrar, in the manner prescribed on the applicable date under section 2(4) of the Civil Partnership Act 2004.
5
Nothing in this regulation affects the continuity of any qualifying civil partnership.
Qualifying civil partnerships registered on religious premises16B
1
The Registrar General must not register in the Gender Recognition Civil Partnership Register any particulars that would indicate that a qualifying civil partnership was formed on religious premises.
2
Where paragraph (1) applies, the civil partnership is to be registered in the Gender Recognition Civil Partnership Register as if it had been formed in a register office in the presence of a civil partnership registrar, in the manner prescribed on the applicable date under section 2(4) of the Civil Partnership Act 2004.
Qualifying civil partnerships formed outside the United Kingdom16C
1
Unless paragraph (2) applies, the Registrar General must not register in the Gender Recognition Civil Partnership Register any particulars that would indicate that a qualifying civil partnership was formed outside the United Kingdom according to the law of England and Wales.
2
Paragraph (1) does not apply if the Registrar General is satisfied that the authorities of the country or territory in which the civil partnership was formed would not, on the applicable date, have objected to the formation of a civil partnership in that country or territory between two parties of the respective genders that are to be registered in the Gender Recognition Civil Partnership Register under regulation 16(1) and (2).
3
Where paragraph (1) applies, the civil partnership is to be registered in the Gender Recognition Civil Partnership Register as if it had been formed in a register office in the presence of a civil partnership registrar, in the manner prescribed on the applicable date under section 2(4) of the Civil Partnership Act 2004.
Power to amend particulars16D
1
The Registrar General may, after consulting the parties to a qualifying civil partnership, amend the particulars required to be registered under these Regulations as the Registrar General considers necessary to ensure that the particulars registered in the Gender Recognition Civil Partnership Register do not disclose that one party has, or both parties have, obtained a gender recognition certificate.
2
Under paragraph (1), the Registrar General may, in particular, substitute for the name or names of one or both witnesses to the formation of the civil partnership the name or names of one or two other persons who were present at the formation of the civil partnership.
PART 6Miscellaneous amendments
Limitation of right to convert civil partnership into marriage to same-sex couples37
1
In section 9 of the Marriage (Same Sex Couples) Act 201359, after subsection (2) insert—
2A
Subsections (1) and (2) apply only where both parties to the civil partnership are of the same sex.
2
In regulation 2 of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 201460, in the definition of “civil partnership”, for the words from “is either” to the end substitute—
—
a
is between two people who are of the same sex, and
b
is either an England and Wales civil partnership, or a civil partnership within section 9(3) of the 2013 Act;
Registration of civil partnerships abroad38
1
The Civil Partnership (Registration Abroad and Certificates) Order 200561 is amended as follows.
2
In article 262—
a
in paragraph (1), omit the definition of “overseas relationship”;
b
omit paragraph (2).
3
In article 4—
a
in paragraph (4), after “Schedule 20 to the Act”63 insert “(as it forms part of the law of the relevant part of the United Kingdom)”;
b
after paragraph (4) insert—
4A
If the relevant part of the United Kingdom is England and Wales, a country or territory is treated by paragraph (4) as having sufficient facilities only if—
a
in the case of proposed civil partners who are of the same sex under the law of that country or territory, the country or territory is listed in Part 1 of Schedule 20 to the Act (as it forms part of the law of England and Wales);
b
in the case of proposed civil partners who are of the opposite sex under that law, the country or territory is listed in Part 2 of that Schedule.
4B
For the purposes of paragraphs (2)(d) and (4), an “overseas relationship” is a relationship that would be an overseas relationship within the meaning given by section 212 of the Act64 (as it forms part the law of the relevant part of the United Kingdom).
c
in paragraph (5), for “purpose of paragraph (2)(b) and paragraph (3)” substitute “purposes of this article”.
4
In article 1765—
a
after paragraph (1) insert—
1A
Where the person making the application under paragraph (1) is resident outside the United Kingdom, the person must specify in the application the part of the United Kingdom to which the certificate is to relate.
b
after paragraph (5) insert—
6
In this article—
“impediment” means an impediment under the law of the relevant part of the United Kingdom;
“overseas relationship” means a relationship that would be an overseas relationship within the meaning given by section 212 of the Act as it forms part of the law of the relevant part of the United Kingdom;
“relevant part of the United Kingdom” means—
- a
if the person making the application under paragraph (1) is resident within the United Kingdom, the part of the United Kingdom in which the person resides, or
- b
if the person making the application under paragraph (1) is resident outside the United Kingdom, the part of the United Kingdom specified under paragraph (1A).
Recognition of overseas dissolution etc. granted outside country of domicile
39
In section 237 of the Civil Partnership Act 200466, in subsection (2)(b)(ii), for “legal relationships between two people of the same sex” substitute “relationships of the sort that the civil partnership in question is (whether generally, between two persons of the same sex, or between two persons of the opposite sex)”.
40
1
Regulation 3 of the Civil Partnership (Supplementary Provisions relating to the Recognition of Overseas Dissolutions, Annulments or Legal Separations) (England and Wales and Northern Ireland) Regulations 200567 is amended as follows.
2
In the heading, for “between two people of the same sex” substitute “of the sort in question”.
3
In paragraph (2), in the inserted subsection (1A)(c), for “legal relationships between people of the same sex” substitute “the relevant sort of relationship”.
4
In paragraph (3), in the inserted subsection (2A)(b), for “legal relationships between people of the same sex” substitute “the relevant sort of relationship”.
5
After paragraph (3) insert—
4
After subsection (3) insert—
3A
In this section references to “the relevant sort of relationship” are to the sort of relationship that the civil partnership in question is, and include—
a
in the case of a relationship between two persons who are of the same sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the same sex;
b
in the case of a relationship between two persons who are of the opposite sex under the relevant law, reference to that sort of relationship whether generally or between two persons of the opposite sex.
3B
In subsection (3A), “the relevant law” means the law in relation to which the question of recognition arises under subsection (1A)(c) or (as the case may be) (2A)(b).
Consequential and related amendments41
In Schedule 3—
a
Part 1 contains consequential and related amendments of primary legislation;
b
Part 2 contains consequential and related amendments of secondary legislation;
c
Part 3 contains consequential and related amendments of legislation governing certain pension schemes.
SCHEDULE 1Specified overseas relationships: opposite-sex relationships
The provision to be inserted as Part 2 of Schedule 20 to the Civil Partnership Act 2004 is as follows—
PART 2Opposite-sex relationships
A relationship is specified for the purposes of section 213(1)(b) (specified relationships between two people who are not of the same sex) if it is registered in a country or territory given in the first column of the table and fits the description given in relation to that country or territory in the second column—
Country or territory
Description
Andorra
uniό estable de parella
Argentina
unión convivencial
Aruba
geregistreerd partnerschap
Australia: Australian Capital Territory
civil partnership
Australia: New South Wales
a relationship registered under the Relationships Register Act 2010
Australia: Queensland
civil partnership
Australia: South Australia
registered relationship
Australia: Tasmania
significant relationship
Australia: Victoria
registered domestic relationship
Austria
eingetragene Partnerschaft
Belgium
the relationship referred to as cohabitation légale, wettelijke samenwoning or gesetzliches Zusammenwohnen
Bermuda
domestic partnership
Brazil
união estável
Canada: Alberta
adult interdependent partner
Canada: Manitoba
the relationship referred to as common-law relationship or as union de fait
Canada: Nova Scotia
domestic partnership
Canada: Quebec
union civile
Chile
unión civil
Colombia
unión marital de hecho
Cyprus
politiki symviosi
Ecuador
unión de hecho
Estonia
Kooselulepingu
Falkland Islands
civil partnership
France
pacte civil de solidarité
Gibraltar
civil partnership
Greece
simfono simviosis
Isle of Man
civil partnership
Israel
civil union
Luxembourg
the relationship referred to as partenariat enregistré or eingetragene Partnerschaft
Malta
civil union
Mexico: Campeche
sociedad civil de Convivencia
Mexico: Coahuila
pacto civil de solidaridad
Mexico: Mexico City Federal District
sociedad de convivencia
Mexico: Michoacán
sociedad de Convivencia
Mexico: Tlaxcala
sociedad de convivencia solidaria
Netherlands
geregistreerd partnerschap
New Zealand
civil union
San Marino
unione civile
South Africa
civil partnership
Spain: Balearic Islands
pareja estable
Spain: Basque Country
pareja de hecho
Spain: Galicia
pareja de hecho
United States of America: California
domestic partnership
United States of America: Colorado
civil union
United States of America: District of Columbia
domestic partnership
United States of America: Hawaii
civil union
United States of America: Illinois
civil union
United States of America: Maine
domestic partnership
United States of America: Nevada
domestic partnership
United States of America: New Jersey
domestic partnership
United States of America: Washington
state registered domestic partnership
SCHEDULE 2Transitional provision in relation to opposite-sex overseas relationships
Interpretation1
In this Schedule—
“the 2004 Act” means the Civil Partnership Act 2004;
“the commencement date” means the date on which these Regulations come into force;
“a relevant pre-commencement relationship” means a relationship that is—
- a
an overseas relationship treated as a civil partnership for the purposes of the 2004 Act as a result of the amendments made by these Regulations, and
- b
registered (under the relevant law within the meaning of Chapter 2 of Part 5 of the 2004 Act) as having been entered into before the commencement date.
- a
Requirements as to other relationships in order for pre-commencement relationships to be recognised as civil partnerships2
1
Sub-paragraph (2) applies in relation to a relationship that would, disregarding this paragraph and section 212(1)(b)(ii) of the 2004 Act as it applies without this paragraph, be a relevant pre-commencement relationship.
2
Section 212(1)(b) of the 2004 Act has effect as if, for sub-paragraph (ii), there were substituted—
ii
neither of whom was, when the relationship was registered—
aa
lawfully married,
bb
a civil partner, or
cc
in another relationship registered as mentioned above, which continues to subsist at the time when the Civil Partnership (Opposite-sex Couples) Regulations 2019 come into force and is at that time an overseas relationship treated as a civil partnership for the purposes of this Act, and
iii
neither of whom is, immediately before the Civil Partnership (Opposite-sex Couples) Regulations 2019 come into force, lawfully married or a civil partner.
Treatment as civil partnership for certain purposes of relationships terminated before commencement3
The following provisions are specified for the purposes of section 215(5D)(b) of the 2004 Act (as amended by these Regulations)—
a
b
in the case of a notice of marriage given on or after the commencement date, section 27 of that Act70;
c
the Inheritance (Provision for Family and Dependants) Act 197571;
d
the Fatal Accidents Act 197672;
e
in the case of a bankruptcy where the bankruptcy order was made on or after the commencement date—
i
ii
rules 10.167, 10.168, 10.169 and 10.171 of the Insolvency (England and Wales) Rules 201679;
f
Schedule 1 to the Children Act 198980;
Transitional modifications of the Civil Partnership Act 2004 to do with dissolution, financial matters etc.4
1
Section 41 of the 2004 Act applies in relation to a relevant pre-commencement relationship as if, for “formation of the civil partnership”, there were substituted “registration of the relationship”.
2
Section 65 of the 2004 Act applies to a contribution made by a party to a relevant pre-commencement relationship as if—
a
for “a civil partner” there were substituted “a party to the relationship”;
b
for “the civil partners”, in each place it occurs, there were substituted “the parties to the relationship”; and
c
for “the contributing partner” there were substituted “the contributing party”.
3
Paragraph 21(2)(d) of Schedule 5 to the 2004 Act (including as it applies by virtue of paragraph 10(3)(a) of Schedule 7 to that Act) applies to an application made in relation to a relevant pre-commencement relationship under Part 1 of Schedule 5 or Part 1 of Schedule 7 to that Act as if, for “the duration of the civil partnership”, there were substituted “the duration of the relationship by virtue of which they are treated as having formed a civil partnership”.
4
Paragraph 5(2)(d) of Schedule 6 to the 2004 Act applies to an application made in relation to a relevant pre-commencement relationship under Part 1 of that Schedule as if, for “the duration of the civil partnership”, there were substituted “the duration of the relationship by virtue of which they are treated as having formed a civil partnership”.
Pre-commencement wills not to be revoked by virtue of recognition of pre-commencement relationships as civil partnerships5
The formation of a civil partnership treated as having occurred, in relation to a pre-commencement relationship, by section 215(5B) of the 2004 Act (as amended by these Regulations) does not have effect under section 18B of the Wills Act 183787 to revoke a will made before the commencement date.
Disapplication of earlier transitional provision6
1
2
Article 5 of the Civil Partnership (Treatment of Overseas Relationships) Order 2005 does not apply in relation to a relationship within paragraph 2(1).
SCHEDULE 3Consequential and related amendments
PART 1Primary legislation
Population (Statistics) Act 19381
In paragraph 1 of the Schedule to the Population (Statistics) Act 193890—
a
for sub-paragraphs (c) and (d) substitute—
c
where the birth is of a child whose father and mother were married to, or civil partners of, each other at the time of the child’s birth (or a child to whom section 1(3) of the Family Law Reform Act 1987 applies by reason of a marriage or civil partnership between the child’s parents)—
i
the date of the marriage or formation of the civil partnership, and
ii
whether before she married, or formed the civil partnership with, the child’s other parent, the mother had been married to, or had formed a civil partnership with, any other person;
b
in sub-paragraph (e), omit “or (d)”.
Children and Young Persons Act 19692
In section 70 of the Children and Young Persons Act 196991—
a
in subsection (1A)(a), after “married to” insert “, or civil partners of,”;
b
in subsection (1B), after “married to” insert “, or civil partners of,”.
Inheritance (Provision for Family and Dependants) Act 19753
1
The Inheritance (Provision for Family and Dependants) Act 197592 is amended as follows.
2
In section 1—
a
in subsection (1)(ba), omit “or (1B)”;
b
in subsection (1A)(b), for “as the husband or wife of the deceased” substitute “as if that person and the deceased were a married couple or civil partners”;
c
omit subsection (1B).
3
In section 3(2A)(a), for the words from “as the husband” to the end substitute “in the same household as the deceased as if the applicant and the deceased were a married couple or civil partners”.
Rent (Agriculture) Act 19764
In section 4(5A) of the Rent (Agriculture) Act 197693, for paragraphs (a) and (b) substitute “a person who was living with the original occupier as if they were a married couple or civil partners shall be treated as the spouse or civil partner of the original occupier;”.
Rent Act 19775
In paragraph 2 of Schedule 1 to the Rent Act 197794—
a
for sub-paragraph (2) substitute—
2
For the purposes of this paragraph, a person who was living with the original tenant as if they were a married couple or civil partners is to be treated as the spouse or civil partner of the original tenant.
b
in sub-paragraph (3), for the words from “, or if that person” to the end substitute “or civil partner”.
Interpretation Act 19786
In Schedule 1 to the Interpretation Act 197895, in the entry headed “Construction of certain references to relationships”, in paragraph (b), after “married to” insert “, or civil partners of,”.
Pneumoconiosis etc (Workers’ Compensation) Act 19797
In section 3(2A) of the Pneumoconiosis etc (Workers’ Compensation) Act 197996, for “as a married couple” substitute “as if they were a married couple or civil partners”.
Mobile Homes Act 19838
In section 5(3) of the Mobile Homes Act 198397, in the words after paragraph (b), for “as husband and wife or as if they were civil partners” substitute “as if they were a married couple or civil partners”.
Child Abduction Act 19849
In each of the following provisions of the Child Abduction Act 198498, after “married to” insert “, or civil partners of,”—
a
section 1(2)(b);
b
section 2(2)(a) and (b) and (3)(a);
c
section 3(d).
Housing Act 198510
1
The Housing Act 198599 is amended as follows.
2
In section 86A100 (prospectively re-numbered as section 86G)—
a
for subsection (5) substitute—
5
For the purposes of this section, a person who was living with the tenant as if they were a married couple or civil partners is to be treated as the tenant’s spouse or civil partner.
b
in subsection (7), omit the words from “(according to” to “the tenant)”.
3
In section 113(1)(a)101, for “as husband and wife or as if they were” substitute “as if they were a married couple or”.
4
In section 186(1)(a), for “as husband and wife or as if they were” substitute “as if they were a married couple or”.
5
In section 325(1), for “husband and wife” substitute “a married couple or civil partners”.
6
In Part 1 of Schedule 2, in Ground 2A102—
a
omit “, a couple living together as husband and wife”;
b
after “as if they were” insert “a married couple or”.
Landlord and Tenant Act 198711
In section 4(5)(a) of the Landlord and Tenant Act 1987103, for “as husband and wife or as if they were” substitute “as if they were a married couple or”.
Housing Act 198812
1
The Housing Act 1988104 is amended as follows.
2
In section 17105—
a
for subsection (4) substitute—
4
For the purposes of this section, a person who was living with the tenant as if they were a married couple or civil partners is to be treated as the tenant’s spouse or civil partner.
b
in subsection (5), for the words from “, or if that person” to the end substitute “or civil partner”.
3
In Part 2 of Schedule 2, in Ground 14A106—
a
omit “, a couple living together as husband and wife”;
b
after “as if they were” insert “a married couple or”.
4
In paragraph 3 of Schedule 3, for sub-paragraph (5) substitute—
5
For the purposes of sub-paragraph (2)(a) above, a person who, immediately before the previous qualifying occupier’s death, was living together with the previous occupier as if they were a married couple or civil partners shall be treated as the widow, widower or surviving civil partner of the previous occupier.
Child Support Act 199113
1
The Child Support Act 1991107 is amended as follows.
2
In section 26(2), in Case A1, for paragraph (b) (not including the final “and”) substitute—
b
the Secretary of State is satisfied that the alleged parent is a man who was married to, or the civil partner of, the child’s mother at some time in the period beginning with the conception and ending with the birth of the child;
3
In section 32L(5)108, after “marriage” insert “or formation of civil partnership”.
4
In Schedule 1, in paragraph 10C(5)(b), at the end insert “or civil partners”.
Social Security Contributions and Benefits Act 199214
1
The Social Security Contributions and Benefits Act 1992109 is amended as follows.
2
In each of the following provisions, for “as a married couple” substitute “as if they were a married couple or civil partners”—
a
section 37(4)(b)110;
b
section 38(3)(c);
c
section 39A(5)(b);
d
in section 137(1), in the definition of “couple”, paragraph (b);
e
in Schedule 7, paragraph 4(3)(a)(ii).
3
In section 77(9)111—
a
for “a husband and wife are residing together” substitute “a man and woman are married to, or civil partners of, each other and are residing together,”;
b
for “the wife” substitute “the woman”.
4
In section 145A112—
a
in subsection (2)(b), for “an unmarried couple or a cohabiting same-sex couple” substitute “a cohabiting couple”;
b
in subsection (5)—
i
in the definition of “civil partnership”, omit “of the same sex”;
ii
for the definition of “cohabiting same-sex couple” substitute—
“cohabiting couple” means two people who are not married to, or civil partners, of each other but are living together as if they were a married couple or civil partners;
iii
omit the definition of “unmarried couple”;
c
omit subsection (6).
5
In Schedule 10—
a
for paragraph 3 substitute—
Opposite-sex spouses or civil partners3
Subject to paragraphs 1 and 2 above, as between a man and woman who are married to, or civil partners of, each other and are residing together, the woman shall be entitled.
b
in paragraph 4(2)113, for “not husband and wife” substitute “do not fall within paragraph 3”.
Taxation of Chargeable Gains Act 199215
In section 87H of the Taxation of Chargeable Gains Act 1992114, for subsection (2) substitute—
2
For the purposes of subsection (1), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.
Local Government Finance Act 199216
In section 9 of the Local Government Finance Act 1992115, for subsections (3) and (4) substitute—
3
For the purposes of this section, two persons are to be treated as married to, or civil partners of, each other if they are living together as if they were a married couple or civil partners.
Pension Schemes Act 199317
In section 17(4A)(c)(i) of the Pension Schemes Act 1993116, for “as a married couple” substitute “as if they were a married couple or civil partners”.
Jobseekers Act 199518
In section 35(1) of the Jobseekers Act 1995117, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Family Law Act 199619
In section 62(1)(a) of the Family Law Act 1996118, for “as husband and wife or as if they were” substitute “as if they were a married couple or”.
Housing Act 199620
1
The Housing Act 1996119is amended as follows.
2
In section 62(1)(a)120, for “as husband and wife or as if they were” substitute “as if they were a married couple or”.
3
In section 140(1)(a), for “as husband and wife or as if they were” substitute “as if they were a married couple or”.
4
In section 178(3)121—
a
in the definition of “co-habitants”, for paragraphs (a) and (b) substitute “two people who, although not married to, or civil partners of, each other, are living together as if they were a married couple or civil partners”;
b
in the definition of “relative”, in the words after paragraph (b)—
i
for “husband and wife” substitute “if they were a married couple or civil partners”;
ii
after “married to” insert “, or civil partners of,”.
Social Security Act 199821
In section 72 of the Social Security Act 1998122, omit subsection (3).
State Pension Credit Act 200222
In section 17(1) of the State Pension Credit Act 2002123, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Tax Credits Act 200223
1
2
In section 3(5A), for paragraphs (a) to (d) substitute—
a
two people who are married to, or civil partners of, each other and are neither—
i
separated under a court order, nor
ii
separated in circumstances in which the separation is likely to be permanent, or
b
two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.
3
In section 48, omit subsection (2).
Adoption and Children Act 200224
In section 55(1) of the Adoption and Children Act 2002126, after “marriage of” insert “, or formation of a civil partnership by,”.
Income Tax (Earnings and Pensions) Act 200325
1
The Income Tax (Earnings and Pensions) Act 2003127 is amended as follows.
2
In section 61, for subsections (4) and (5)128 substitute—
4
For the purposes of this Chapter, two people living together as if they were a married couple or civil partners are treated as if they were married to, or civil partners of, each other.
3
In section 61I129, for subsection (7) substitute—
7
For the purposes of subsection (2), two people living together as if they were a married couple or civil partners are treated as if they were married to, or civil partners of, each other.
4
In section 554Z1130, for subsection (2) substitute—
2
In applying section 993 of ITA 2007 for the purposes of subsection (1), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.
5
In section 681G131—
a
in subsection (1), for “any of conditions A to D” substitute “either condition A or condition B”;
b
in subsection (2), for “a man and a woman who are married to” substitute “married to, or civil partners of,”;
c
in subsection (3), for the words from “a man and a woman” to the end substitute “not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners”;
d
omit subsections (4) and (5).
Housing Act 200426
1
The Housing Act 2004132 is amended as follows.
2
In section 141(1)(b), for “husband or wife” substitute “a married couple or civil partners”.
3
In section 142(1)(b), for “husband or wife” substitute “a married couple or civil partners”.
4
In section 258−
a
in subsection (3)(a), for the words from “each other” to the end substitute “, or civil partners of, each other or live together as if they were a married couple or civil partners”;
b
in subsection (4)(a), omit “are married to each other or otherwise”.
5
In section 259(3), in the words after paragraph (b), for “to whom they are or were married” substitute “who are or were their spouses or civil partners”.
Income Tax (Trading and Other Income) Act 200527
In section 643H of the Income Tax (Trading and Other Income) Act 2005133, for subsection (2) substitute—
2
For the purposes of subsection (1), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.
Mental Capacity Act 200528
In paragraph 185(b) of Schedule A1 to the Mental Capacity Act 2005134, after “married couple” insert “or civil partners”.
Income Tax Act 200729
1
The Income Tax Act 2007135 is amended as follows.
2
In section 733A136, for subsection (8) substitute—
8
For the purposes of subsection (7), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.
3
In section 809ZQ(2)137, in the inserted subsection (9), for paragraphs (a) and (b) substitute—
a
two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other, and
4
In section 809M(3)138, for paragraphs (a) and (b) substitute—
a
two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other,
Welfare Reform Act 200730
In paragraph 6(5) of Schedule 1 to the Welfare Reform Act 2007139, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Corporation Tax Act 201031
1
The Corporation Tax Act 2010140 is amended as follows.
2
In section 939H(2), in the inserted subsection (10), for paragraphs (a) and (b) substitute—
a
two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other, and
Equality Act 201032
1
The Equality Act 2010141 is amended as follows.
2
In section 23142—
a
in subsection (3), omit “to a person of the opposite sex”;
b
in subsection (4), after “married to”, in both places it occurs, insert “, or the civil partner of,”.
3
In section 67(7)143—
a
in paragraph (a)—
i
after “married to”, in the first place it occurs, insert “, or the civil partner of,”;
ii
after “married to”, in the second place it occurs, insert “ or (as the case may be) the civil partner of”;
b
for paragraph (b) substitute—
b
where A is married to, or the civil partner of, someone of the same sex, A is to be compared to B where B is married to or (as the case may be) the civil partner of someone of the same sex as B.
4
In Schedule 5, in paragraph 3(6), for the words from “of—” to the end substitute “of two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.”.
Localism Act 201133
In section 30(3)(b) of the Localism Act 2011144—
a
in sub-paragraph (i), at the end insert “or”;
b
omit sub-paragraph (ii) (including the “or”);
c
in sub-paragraph (iii), after “as if they were” insert “a married couple or”.
Charities Act 201134
In section 350 of the Charities Act 2011145, for subsection (2) substitute—
2
For the purposes of sections 118(2)(e), 188(1)(b), 200(1)(b) and 249(2)(b), where two people are not married to, or civil partners of, each other but live together as if they were a married couple or civil partners, each of them is to be treated as the spouse or civil partner of the other.
Welfare Reform Act 201235
In section 39 of the Welfare Reform Act 2012146—
a
in subsection (1)(b), for “as a married couple” substitute “as if they were a married couple or civil partners”;
b
in subsection (3)(b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Finance Act 201336
1
Schedule 45 to the Finance Act 2013147 is amended as follows.
2
In paragraph 32(2)(b), for the words from “as husband and wife” to “as if they were” substitute “as if they were a married couple or”.
3
In paragraph 52(4)—
a
in paragraph (a), at the end insert “or”;
b
in paragraph (b), for “as husband and wife” substitute “as if they were a married couple or civil partners”;
c
omit paragraph (c) (and the preceding “or”).
PART 2Secondary legislation
Social Security (Credits) Regulations 197537
1
The Social Security (Credits) Regulations 1975148 are amended as follows.
2
In regulation 8C(2), for “as a married couple” substitute “as if they were a married couple or civil partners”.
3
In paragraph 3 of the Schedule, for “as a married couple” substitute “as if they were a married couple or civil partners”.
Social Security Benefit (Dependency) Regulations 197738
In paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977149, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Vaccine Damage Payments Regulations 197939
In regulation 5(2)(b)(ii) of the Vaccine Damage Payments Regulations 1979150, for “as husband and wife or as if they were” substitute “as if they were a married couple or”.
Income Support (General) Regulations 198740
In regulation 2(1) of the Income Support (General) Regulations 1987151, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Social Security (Claims and Payments) Regulations 198741
In regulation 2(1) of the Social Security (Claims and Payments) Regulations 1987152, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Council Tax (Additional Provisions for Discount Disregards) Regulations 199242
In the Schedule to the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992153, in paragraph 4(1), for paragraphs (a) and (aa) substitute—
a
he is the spouse or civil partner of the other or they live together as if they were a married couple or civil partners; or
Council Tax (Exempt Dwellings) Order 199243
In article 2(5) of the Council Tax (Exempt Dwellings) Order 1992154, for paragraph (ii) substitute—
ii
a relationship between two persons living together as if they were a married couple or civil partners shall be treated as a relationship by marriage or civil partnership;
Child Support (Collection and Enforcement) Regulations 199244
In regulation 3(9) of the Child Support (Collection and Enforcement) Regulations 1992155, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Social Security (Incapacity for Work) (General) Regulations 199545
In regulation 2(1) of the Social Security (Incapacity for Work) (General) Regulations 1995156, for the definition of “couple” substitute—
“couple” means—
- a
two people who are married to, or civil partners of, each other and are members of the same household; or
- b
two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;
Education (Grants) (Music, Ballet and Choir Schools) Regulations 199546
1
Regulation 4(1) of the Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995157 is amended as follows.
2
In sub-paragraph (a), for paragraph (i) substitute—
i
they live together as spouses or civil partners (whether or not they are married to, or civil partners of, each other), and
3
In sub-paragraphs (b) to (e), after “spouse”, in each place it occurs, insert “or civil partner”.
Jobseeker’s Allowance Regulations 199647
In regulation 1(3) of the Jobseeker’s Allowance Regulations 1996158, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Occupational Pension Schemes (Contracting-out) Regulations 199648
In regulation 26(1) of the Occupational Pension Schemes (Contracting-out) Regulations 1996159—
a
in sub-paragraph (b)(iii), for the words from “as a married couple” to the end substitute “with another person as if they were a married couple or civil partners”;
b
in sub-paragraph (c), for the words from “as a married couple” to the end substitute “with another person, whom he or she is not married to or in a civil partnership with, as if they were a married couple or civil partners”.
Social Security Benefit (Computation of Earnings) Regulations 199649
In regulation 2(1) of the Social Security Benefit (Computation of Earnings) Regulations 1996160, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Housing Renewal Grants Regulations 199650
In regulation 2(1) of the Housing Renewal Grants Regulations 1996161, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Social Security (Child Maintenance Bonus) Regulations 199651
In regulation 1(2) of the Social Security (Child Maintenance Bonus) Regulations 1996162, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Occupational Pension Schemes (Discharge of Liability) Regulations 199752
In regulation 11(4)(b)(iii) of the Occupational Pension Schemes (Discharge of Liability) Regulations 1997163, for the words from “as a married couple” to the end substitute “with another person, whom he or she is not married to or in a civil partnership with, as if they were a married couple or civil partners; or”.
Council Tax (Prescribed Classes of Dwellings) (Wales) Regulations 199853
In paragraph 3 of the Schedule to the Council Tax (Prescribed Classes of Dwellings) (Wales) Regulations 1998164, for the words from “references to the spouse” to the end substitute “references to the spouse or civil partner of a person are to be taken to include references to a person who is living with the other as if they were a married couple or civil partners”.
Social Security and Child Support (Decisions and Appeals) Regulations 199954
In regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999165, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
General Chiropractic Council (Registration) Rules 199955
In rule 2(3) of the General Chiropractic Council (Registration) Rules 1999166, for the words after paragraph (b) substitute ““spouse or civil partner” for this purpose includes a former spouse or civil partner and a partner other than a spouse or civil partner”.
Asylum Support Regulations 200056
1
The Asylum Support Regulations 2000167 are amended as follows.
2
In regulation 2—
a
in paragraph (1)—
i
omit the definitions of “civil partnership couple”, “married couple”, “same-sex couple” and “unmarried couple”;
ii
after the definition of “asylum support” insert—
“cohabiting couple” means two people who, though not married to, or civil partners of, each other, are living together as if they were a married couple or civil partners;
b
in paragraph (4)—
i
in sub-paragraph (f), for “unmarried couple” substitute “cohabiting couple”;
ii
omit sub-paragraph (fa).
3
In regulation 15(2)—
a
in sub-paragraph (g), after “married to” insert “, or the civil partner of,”;
b
omit sub-paragraph (ga);
c
in sub-paragraph (i)—
i
after “spouse” insert “or civil partner”;
ii
after “married to” insert “, or the civil partner of,”;
d
omit sub-paragraph (ia).
Social Security Contributions (Intermediaries) Regulations 200057
In regulation 2 of the Social Security Contributions (Intermediaries) Regulations 2000168, for paragraphs (5) and (6) substitute—
5
For the purposes of these Regulations, two people living together as if they were a married couple or civil partners are treated as if they were married to, or civil partners of, each other.
Social Fund Winter Fuel Payment Regulations 200058
In regulation 1(2) of the Social Fund Winter Fuel Payment Regulations 2000169, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 200159
In regulation 1(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001170, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Registration of Social Care and Independent Health Care (Wales) Regulations 200260
In regulation 2(1) of the Registration of Social Care and Independent Health Care (Wales) Regulations 2002171, in the definition of “relative”, in the words after paragraph (c), for the words from “references to “spouse”” to the end substitute “and references to “spouse or civil partner” in relation to any person include a former spouse or civil partner and a person who is living with the person as if they were a married couple or civil partners”.
State Pension Credit Regulations 200261
In regulation 1(2) of the State Pension Credit Regulations 2002172, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 200262
In regulation 2(3) of the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002173, for the definition of “couple” substitute—
“couple” means two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.
Tax Credits (Appeals) (No 2) Regulations 200263
In regulation 1(3) of the Tax Credits (Appeals) (No 2) Regulations 2002174, for the definition of “couple” substitute—
“couple” means—
- a
two people who are married to, or civil partners of, each other and are members of the same household; or
- b
two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;
Child Benefit and Guardian’s Allowance (Administration) Regulations 200364
1
The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003175 are amended as follows.
2
In regulation 2—
a
in the definition of “civil partnership”, omit “of the same sex”;
b
for the definition of “cohabiting same-sex couple” substitute—
“cohabiting couple” means two people who are not a married couple or in a civil partnership but are living together as if they were married or civil partners;
c
in the definition of “partner”, for “an unmarried couple” to the end substitute “a civil partnership or a cohabiting couple”;
d
omit the definition of “unmarried couple”.
3
In regulation 34—
a
in paragraph (1), for “member of a married couple or an unmarried couple” substitute “person with a partner”;
b
in paragraph (2)—
i
for “wife” substitute “woman”;
ii
after “husband” insert “or male civil partner”.
Guardian’s Allowance (General) Regulations 200365
In regulation 5(a) of the Guardian’s Allowance (General) Regulations 2003176, for “unmarried at the date of the birth” substitute “not married to, or civil partners of, each other at the date of the birth”.
Social Security (Jobcentre Plus Interviews for Partners) Regulations 200366
In regulation 2(1) of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003177, for the definition of “couple” substitute—
“couple” means—
- a
two people who are married to, or civil partners of, each other and are members of the same household; or
- b
two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;
Service Charges (Consultation Requirements) (England) Regulations 200367
In regulation 2(1) of the Service Charges (Consultation Requirements) (England) Regulations 2003178, for the definition of “cohabitee” substitute—
“cohabitee”, in relation to a person, means a person who is living with that person as if they were a married couple or civil partners;
Council Tax (Prescribed Classes of Dwellings) (England) Regulations 200368
In paragraph 3 of the Schedule to the Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003179, for the words from “references to the spouse” to the end substitute “references to the spouse or civil partner of a person are to be taken to include references to a person who is living with the other as if they were a married couple or civil partners”.
Leasehold Valuation Tribunals (Fees) (Wales) Regulations 200469
1
In regulation 8(4)(b)(ii) of the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004180, after “married couple” insert “or civil partners”.
2
In the Welsh language text of those Regulations, in regulation 8(4)(b)(ii), after “gwpl priod” insert “neu bartneriaid sifil”.
Service Charges (Consultation Requirements) (Wales) Regulations 200470
1
In regulation 2(1) of the Service Charges (Consultation Requirements) (Wales) Regulations 2004181, in the definition of “cohabitee”, at the end insert “or civil partners”.
2
In the Welsh language text of those Regulations, in regulation 2(1), in the definition of “un sy’n cyd-fyw”, at the end insert “neu bartneriaid sifil”.
Adoption Agencies Regulations 200571
In Schedule 1 to the Adoption Agencies Regulations 2005182, in Part 3—
a
for paragraph 15 substitute—
15
Whether the child’s parents were married to, or civil partners of, each other at the time of the child’s birth (or have subsequently married or formed a civil partnership) and if so, the date and place of marriage or civil partnership.
15A
Whether—
a
if the child’s parents have been married as mentioned in paragraph 15, they are divorced or separated; or
b
if the child’s parents have been civil partners as so mentioned, the partnership has been dissolved or they are separated.
b
in paragraph 16, after “married” insert “or civil partners”.
Pension Protection Fund (Compensation) Regulations 200572
In regulation 1(2) of the Pension Protection Fund (Compensation) Regulations 2005183, in the definition of “relevant partner”, at the end insert “or civil partners”.
Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 200573
In regulation 2 of the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005184, in the definition of “relative”, for “or marriage” substitute “, marriage, civil partnership,”.
Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 200574
In regulation 5A(4)(b)(i) of the Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005185, after “spouse,” insert “civil partner,”.
Special Guardianship Regulations 200575
In the Schedule to the Special Guardianship Regulations 2005186, in paragraph 2—
a
in sub-paragraph (e)—
i
after “married to” insert “, or civil partners of,”;
ii
after “subsequently married” insert “or formed a civil partnership”;
iii
omit “and whether they are divorced or separated”;
b
after sub-paragraph (e) insert—
ea
whether—
i
if the child’s parents have been married as mentioned in sub-paragraph (e), they are divorced or separated; or
ii
if the child’s parents have been civil partners as so mentioned, the partnership has been dissolved or they are separated;
c
in sub-paragraph (g), after “married” insert “or civil partners”.
Adoption Agencies (Wales) Regulations 200576
1
In Schedule 1 to the Adoption Agencies (Wales) Regulations 2005187, in Part 3, for paragraph 15 substitute—
15
Whether the child’s parents were married to, or civil partners of, each other at the time of the child’s birth (or have subsequently married or formed a civil partnership) and if so, the date and place of marriage or civil partnership.
15A
Whether—
a
if the child’s parents have been married as mentioned in paragraph 15, they are divorced or separated; or
b
if the child’s parents have been civil partners as so mentioned, the partnership has been dissolved or they are separated.
2
In the Welsh language text of those Regulations, in Schedule 1, in Part 3, for paragraph 15 substitute—
15
A oedd rhieni’r plentyn yn briod â’i gilydd, neu’n bartneriaid sifil i’w gilydd, adeg geni’r plentyn (neu a ydynt wedi priodi neu wedi ffurfio partneriaeth sifil ar ôl hynny) ac os felly, dyddiad a man y briodas neu’r bartneriaeth sifil.
15A
A yw —
a
rhieni’r plentyn wedi ysgaru neu wedi gwahanu, os ydynt wedi bod yn briod fel y crybwyllwyd ym mharagraff 15; neu
b
os yw rhieni’r plentyn wedi bod yn bartneriaid sifil fel y crybwyllwyd, a yw’r bartneriaeth wedi ei diddymu neu a ydynt wedi gwahanu.
Special Guardianship (Wales) Regulations 200577
1
In the Schedule to the Special Guardianship (Wales) Regulations 2005188, in paragraph 3—
a
in sub-paragraph (ba)—
i
after “married to” insert “, or civil partners of,”;
ii
after “subsequently married” insert “or formed a civil partnership”;
iii
omit “and whether they have divorced or separated”;
b
after sub-paragraph (ba) insert—
bb
whether—
i
if the child’s parents have been married as mentioned in sub-paragraph (ba), they are divorced or separated; or
ii
if the child’s parents have been civil partners as so mentioned, the partnership has been dissolved or they are separated;
c
in sub-paragraph (d), after “married” insert “or civil partners”.
2
In the Welsh language text of those Regulations, in the Schedule, in paragraph 3—
a
in sub-paragraph (ba)—
i
after “â’i gilydd” insert “, neu’n bartneriaid sifil i’w gilydd,”;
ii
after “briodasant” insert “neu a ffurfiasant bartneriaeth sifil”;
iii
omit “ac a ydynt wedi ysgaru neu wedi gwahanu”;
b
after sub-paragraph (ba) insert—
bb
a yw—
i
rhieni’r plentyn wedi ysgaru neu wedi gwahanu, os ydynt wedi bod yn briod fel y crybwyllwyd yn is-baragraff (ba); neu
ii
os yw rhieni’r plentyn wedi bod yn bartneriaid sifil fel y crybwyllwyd, a yw’r bartneriaeth wedi ei diddymu neu a ydynt wedi gwahanu;
c
in sub-paragraph (ch), after “briod” insert “nac yn bartneriaid sifil”.
Financial Assistance Scheme Regulations 200578
In regulation 2(1) of the Financial Assistance Scheme Regulations 2005189, in the definition of “partner”, at the end insert “or civil partners”.
Access to Information (Post-Commencement Adoptions) (Wales) Regulations 200579
1
In regulation 2 of the Access to Information (Post-Commencement Adoptions) (Wales) Regulations 2005190, in the definition of “birth relative”, for “or marriage” substitute “, marriage, civil partnership,”.
2
In the Welsh language text of those Regulations, in regulation 2, in the definition of “perthynas geni”, for “neu drwy briodas” substitute “, priodas, partneriaeth sifil, neu yn rhinwedd adrannau 27 i 29 o Ddeddf Ffrwythloni ac Embryoleg Ddynol 1990 neu adrannau 33 i 47 o Ddeddf Ffrwythloni ac Embryoleg Ddynol 2008”.
Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Wales) Regulations 200580
1
In regulation 5A(4)(b)(i) of the Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Wales) Regulations 2005191, after “spouse,” insert “civil partner,”.
2
In the Welsh language text of those Regulations, in regulation 5A(4)(b)(i), after “briod,” insert “partner sifil,”.
Social Fund Maternity and Funeral Expenses (General) Regulations 200581
In regulation 3(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005192, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Housing Benefit Regulations 200682
In regulation 2(1) of the Housing Benefit Regulations 2006193, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200683
In regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006194, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Child Benefit (General) Regulations 200684
1
The Child Benefit (General) Regulations 2006195 are amended as follows.
2
In regulation 1—
a
in paragraph (3)—
i
in the definition of “civil partnership”, omit “of the same sex”;
ii
omit the definition of “cohabiting same-sex couple”;
iii
in the definition of “couple”, for paragraphs (a) and (b) substitute—
a
who are spouses residing together, or civil partners in a civil partnership; or
b
who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;
b
omit paragraph (4).
3
In regulation 12(1), for paragraphs (a) and (b) substitute “as if they were a married couple or civil partners,”.
Selective Licensing of Houses (Specified Exemptions) (England) Order 200685
In article 2(2)(b) of the Selective Licensing of Houses (Specified Exemptions) (England) Order 2006196, for the words from “each other” to the end substitute “, or civil partners of, each other or live together as if they were a married couple or civil partners”.
Pension Protection Fund (General and Miscellaneous Amendments) Regulations 200686
In regulation 1(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006197, in the definition of “relevant partner”, at the end insert “or civil partners”.
Selective Licensing of Houses (Specified Exemptions) (Wales) Order 200687
1
In article 2(2)(b) of the Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006198, at the end insert “or civil partners”.
2
In the Welsh language text of those Regulations, in article 2(2)(b), at the end insert “neu bartneriaid sifil”.
Integration Loans for Refugees and Others Regulations 200788
In regulation 11(1) of the Integration Loans for Refugees and Others Regulations 2007199, for sub-paragraphs (a) to (d) substitute—
a
they are married to, or civil partners of, each other and are members of the same household;
b
they are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.
Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 200789
In article 3(4) of the Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 2007200, for the definition of “couple” substitute—
“couple” means two people who—
- a
are married to, or civil partners of, each other and normally live at the same address; or
- b
are not married to, or civil partners of, each other but normally live together at the same address as if they were a married couple or civil partners;
Employment and Support Allowance Regulations 200890
In regulation 2(1) of the Employment and Support Allowance Regulations 2008201, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Care Standards Act 2000 (Registration) (England) Regulations 201091
In regulation 2(1) of the Care Standards Act 2000 (Registration) (England) Regulations 2010202, in the definition of “relative”, in the words after paragraph (c), for “as husband and wife or as if they were” substitute “as if they were a married couple or”.
Child Minding and Day Care (Wales) Regulations 201092
1
In paragraph 21 of Schedule 2 to the Child Minding and Day Care (Wales) Regulations 2010203, in paragraph (d) of the definition of “relative”, for the words from “references to “spouse”” to the end substitute “references to a “spouse or civil partner” in relation to any person include a former spouse or civil partner and a person who is living with the person as if they were a married couple or civil partners”.
2
In the Welsh language text of those Regulations, in Schedule 2, in paragraph 21, in paragraph (d) of the definition of “perthynas”, for the words from “cyfeiriadau at “priod”” to the end substitute “cyfeiriadau at “priod neu bartner sifil” mewn perthynas ag unrhyw berson yn cynnwys cyn briod neu bartner sifil a pherson sy’n byw gyda’r person fel pe baent yn bâr priod neu’n bartneriaid sifil”.
Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 201193
In regulation 1(2) of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011204, in the definition of “relevant partner”, for the words from “of either sex” to the end substitute “who was not married to, or in a civil partnership with, the transferee but who was living with the transferee as if they were a married couple or civil partners”.
Warm Home Discount Regulations 201194
In regulation 2(1) of the Warm Home Discount Regulations 2011205, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 201195
In regulation 2(1) of the Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011206, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Council Tax Reduction Schemes (Default Scheme) (England) Regulations 201296
In the Schedule to the Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012207, in paragraph 4−
a
in paragraph (1), for sub-paragraphs (a) to (d) substitute−
a
two people who are married to, or civil partners of, each other and who are members of the same household; or
b
two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.
b
omit paragraph (2).
Jobseeker’s Allowance Regulations 201397
In regulation 3 of the Jobseeker’s Allowance Regulations 2013208, omit paragraph (4).
Employment and Support Allowance Regulations 201398
In regulation 2 of the Employment and Support Allowance Regulations 2013209, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
Council Tax (Reductions for Annexes) (England) Regulations 201399
In regulation 3(3)(b)(iii) of the Council Tax (Reductions for Annexes) (England) Regulations 2013210, for sub-paragraph (bb) substitute—
bb
a relationship between two persons living together as if they were a married couple or civil partners shall be treated as a relationship by marriage or civil partnership;
State Pension Regulations 2015100
In regulation 35(8) of the State Pension Regulations 2015211, for “as a married couple” substitute “as if they were a married couple or civil partners”.
Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015101
In each of the following provisions of the Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015212, for “as a married couple” substitute “as if they were a married couple or civil partners”—
a
regulation 22(4)(b) and (c) and (4A)(b);
b
regulation 27A(3)(b)(i).
Council Tax (Exceptions to Higher Amounts) (Wales) Regulations 2015102
1
In regulation 2 of the Council Tax (Exceptions to Higher Amounts) (Wales) Regulations 2015213, for the words from “references to the spouse” to the end substitute “references to the spouse or civil partner of a person include references to a person who is living with the other as if they were a married couple or civil partners”.
2
In the Welsh language text of those Regulations, in regulation 2, for the words from “mae cyfeiriadau at briod” to the end substitute “mae cyfeiriadau at briod neu bartner sifil person yn cynnwys cyfeiriadau at berson sy’n byw gyda’r llall fel pe baent yn briod neu’n bartneriaid sifil”.
Residential Property Tribunal Procedures and Fees (Wales) Regulations 2016103
1
In regulation 50(5)(b) of the Residential Property Tribunal Procedures and Fees (Wales) Regulations 2016214, at the end insert “or civil partners”.
2
In the Welsh language text of those Regulations, in regulations 50(5)(b), at the end insert “neu bartneriaid sifil”.
Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017104
In article 2(2) of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017215—
a
in sub-paragraph (b), for “as husband and wife or as if they were” substitute “as if they were a married couple or”;
b
in sub-paragraph (g), for “as husband and wife or as if they were” substitute “as if they were a married couple or”.
Electricity and Gas (Energy Company Obligation) Order 2018105
In paragraph 5 of Schedule 2 to the Electricity and Gas (Energy Company Obligation) Order 2018216, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.
PART 3Pension schemes
Personal Injuries (Civilians) Scheme 1983106
1
The Personal Injuries (Civilians) Scheme 1983217 is amended as follows.
2
In article 2218—
a
in paragraph (8)—
i
in the words before paragraph (a), after “living as a” insert “spouse or”;
ii
in paragraph (a), omit “of the same sex”;
iii
in paragraph (b), omit “of the same sex”;
iv
in the words after paragraph (b), after “lived as a” insert “spouse or”;
b
omit paragraph (9).
3
In article 30219—
a
in the heading, for “and dependants who lived as” substitute “or”;
b
in paragraph (1), omit “a dependant who lived as a”, in the second place it occurs;
c
in paragraph (2)—
i
omit “a dependant who lived as a”, in the second place it occurs;
ii
omit “the dependant who lived as a”, in the second place it occurs;
d
in paragraph (3), omit “the dependant who lived as a”, in the second place it occurs.
4
In article 31220—
a
in the heading, for “, dependants who lived as spouses and dependants who lived as” substitute “and dependants who lived as spouses or”;
b
in paragraph (1), for “, dependant who lived as his spouse or dependant who lived as his” substitute “or dependant who lived as his spouse or”;
c
in paragraph (4), for “, dependant who lived as the spouse or dependant who lived as the” substitute “or dependant who lived as the spouse or”.
5
In article 54(1B)(g)221, for “, dependants who lived as spouses and dependants who lived as” substitute “and dependants who lived as spouses or”.
6
In article 71222—
a
in paragraph (1), for “, lives with another person as the spouse of that person or lives with another person as a” substitute “or lives with another person as the spouse or”;
b
in paragraph (1A)(a), for “, lived with another person as the spouse of that person or lived with another person as the” substitute “or lived with another person as the spouse or”;
c
in paragraph (1B), for “, begins to live with another person as the spouse of that person or begins to live with another person as the” substitute “or begins to live with another person as the spouse or”.
7
In article 77(1)(b)(ii)223, omit “dependant who lived as a”, in the second place it occurs.
8
In Schedule 4224, in the fourth entry in the table, in the first column, for “and dependants who lived as” substitute “or”.
National Health Service Pension Scheme Regulations 1995107
1
The National Health Service Pension Scheme Regulations 1995225 are amended as follows.
2
In regulation A2226, in the definition of “marriage”, at the end insert “, and are to be construed in accordance with regulation A4”.
3
In regulation A4227—
a
for the heading substitute “Treatment of same sex marriages and opposite sex civil partnerships”;
b
after paragraph (5) insert—
5A
Where a female member is in a civil partnership with a man, for the purposes of these Regulations—
a
the civil partnership is to be treated as a marriage;
b
the man is accordingly to be treated as the husband (or, if the member is deceased, widower) of the member; and
c
any related reference, however expressed, to marriage or civil partnership, or the parties to either, is to be read accordingly.
Armed Forces Pension Scheme Order 2005108
In rule E.2(3)(b)(ii) of Schedule 1 to the Armed Forces Pension Scheme Order 2005228, after “civil partnership, or” insert “prior to the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force”.
Reserve Forces Pension Scheme Regulations 2005109
In rule E.2(3)(b)(ii) of Schedule 1 to the Reserve Forces Pension Scheme Regulations 2005229, after “civil partnership, or” insert “prior to the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force”.
Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006110
1
The Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006230 is amended as follows.
2
In article 2(2), for “, dependant who lived as a spouse or dependant who lived as a” substitute “or dependant who lived as a spouse or”.
3
In article 12(6)(a)231, in the words before paragraph (i), for “, dependant living as a spouse or dependant living as a” substitute “or dependant living as a spouse or”.
4
In article 24—
a
in the heading, for “and dependants who lived as” substitute “or”;
b
in paragraph (1), omit “a dependant who lived as a”, in the second place it occurs.
5
In article 25—
a
in the heading, for “, dependants who lived as spouses and dependants who lived as”; substitute “and dependants who lived as spouses or”;
b
in paragraph (1), in the words before paragraph (a), omit “a dependant who lived as a”, in the second place it occurs.
6
In article 27(1)232, in the words after paragraph (c), omit “dependant who lived as a”.
7
In article 33233—
a
in paragraph (1), for the words from “marries” to the end substitute “marries or forms a civil partnership with another person, or lives with another person as the spouse or civil partner of that person, before the 1st April 2015.”;
b
in paragraph (3), for the words from “marries” to the end substitute “marries or forms a civil partnership with another person, or begins to live with another person as the spouse or civil partner of that person, on or after the 6th April 2005.”.
8
In article 34(2)234—
a
in sub-paragraph (l), omit “a dependant who lived as a”, in the second place it occurs;
b
in sub-paragraph (m), for “, dependant who lived as a spouse or dependant who lived as a” substitute “or dependant who lived as a spouse or”.
9
In article 35(9)(b)235, omit “a dependant living as a”, in the second place it occurs.
10
In article 68(5)(b)(ii)236, omit “dependant who lived as a”, in the second place it occurs.
11
In Part 4 of Schedule 1237, in the fifth item in the table, in the first column, in paragraph (b)(i), for “, dependant living as a spouse or dependant living as a” substitute “or dependant living as a”.
12
In Part 3 of Schedule 2238, in the first entry in the table, in the first column, omit “dependant who lived as a”, in the second place it occurs.
13
In Schedule 6239—
a
omit item 25;
b
in item 26, in the second column, after “living as a” insert “spouse or ”;
c
also in item 26, in the third column—
i
omit “of the same sex”;
ii
after “lived as a” insert “spouse or”;
d
in item 30, in the third column, for “, dependant living as a”, in the second place it occurs, substitute “or”.
Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010111
1
The Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010240 is amended as follows.
2
In Schedule 1241 (which sets out the Armed Forces Pension Scheme 1975 as it applies to the Navy and the Marines)—
a
in rule E.1242—
i
in paragraph (3)(c), for paragraph (ii) (including the “or”) substitute—
ii
was a man and leaves a surviving civil partner (of either sex);
iia
was a woman and leaves a surviving civil partner who is a woman; or
ii
in paragraph (5), for sub-paragraph (c) substitute—
c
the member was a woman and—
i
was married to a man whom she leaves a widower; or
ii
leaves a surviving civil partner who is a man.
b
in rule E.9(3)243, after “married couple” insert “or civil partners”.
3
In Schedule 2 (which sets out the Naval and Marines Attributable Benefits Scheme)—
a
in rule C.2244—
i
in paragraph (a), for sub-paragraph (ii) (including the “or”) substitute—
ii
was a man and leaves a surviving civil partner (of either sex);
iia
was a woman and leaves a surviving civil partner who is a woman; or
ii
in paragraph (b), for paragraph (ii) (including the “or”) substitute—
ii
was a man and leaves a surviving civil partner (of either sex), where the civil partnership was formed after discharge;
iia
was a woman and leaves a surviving civil partner who is a woman, where the civil partnership was formed after discharge; or
iii
in paragraph (c), for the words from “married to” to the end (but not the final “or”) substitute—
—
i
married to a man whom she leaves a widower; or
ii
who leaves a surviving civil partner who is a man;
b
in rule C.3245—
i
in paragraph (a), at the end insert “or”;
ii
for paragraphs (b) and (c) (including the final “and”) substitute—
b
the person and the deceased were living together as if they were a married couple or civil partners and were not—
i
prevented from marrying (or, prior to 13th March 2014 (which is the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force), would not have been prevented from doing so apart from both being of the same sex), or
ii
prevented from forming a civil partnership (or, prior to the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force, would not have been prevented from doing so apart from both being of the opposite sex), and
Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010112
1
The Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010246 is amended as follows.
2
In Schedule 1247 (which sets out the Armed Forces Pension Scheme 1975 as it applies to the Army)—
a
in rule E.1248—
i
in paragraph (3)(c), for paragraph (ii) (including the “or”) substitute—
ii
was a man and leaves a surviving civil partner (of either sex);
iia
was a woman and leaves a surviving civil partner who is a woman; or
ii
in paragraph (5), for sub-paragraph (c) substitute—
c
the member was a woman and—
i
was married to a man whom she leaves a widower; or
ii
leaves a surviving civil partner who is a man.
b
in rule E.9(3)249, after “married couple” insert “or civil partners”.
3
In Schedule 2 (which sets out the Army Attributable Benefits Scheme)—
a
in rule C.2250—
i
in paragraph (a), for sub-paragraph (ii) (including the “or”) substitute—
ii
was a man and leaves a surviving civil partner (of either sex);
iia
was a woman and leaves a surviving civil partner who is a woman; or
ii
in paragraph (b), for paragraph (ii) (including the “or”) substitute—
ii
was a man and leaves a surviving civil partner (of either sex), where the civil partnership was formed after discharge;
iia
was a woman and leaves a surviving civil partner who is a woman, where the civil partnership was formed after discharge; or
iii
in paragraph (c), for the words from “married to” to the end (but not the final “or”) substitute—
—
i
married to a man whom she leaves a widower; or
ii
who leaves a surviving civil partner who is a man;
b
in rule C.3251—
i
in paragraph (a), at the end insert “or”;
ii
for paragraphs (b) and (c) (including the final “and”) substitute—
b
the person and the deceased were living together as if they were a married couple or civil partners and were not—
i
prevented from marrying (or, prior to 13th March 2014 (which is the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force), would not have been prevented from doing so apart from both being of the same sex), or
ii
prevented from forming a civil partnership (or, prior to the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force, would not have been prevented from doing so apart from both being of the opposite sex), and
Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010113
1
The Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010252 is amended as follows.
2
In Schedule 1253 (which sets out the Armed Forces Pension Scheme 1975 as it applies to the Air Force)—
a
in rule E.1254—
i
in paragraph (3)(c), for paragraph (ii) (including the “or”) substitute—
ii
was a man and leaves a surviving civil partner (of either sex);
iia
was a woman and leaves a surviving civil partner who is a woman; or
ii
in paragraph (5), for sub-paragraph (c) substitute—
c
the member was a woman and—
i
was married to a man whom she leaves a widower; or
ii
leaves a surviving civil partner who is a man.
b
in rule E.9(3)255, after “married couple” insert “or civil partners”.
3
In Schedule 2 (which sets out the Air Force Attributable Benefits Scheme)—
a
in rule C.2256—
i
in paragraph (a), for sub-paragraph (ii) (including the “or”) substitute—
ii
was a man and leaves a surviving civil partner (of either sex);
iia
was a woman and leaves a surviving civil partner who is a woman; or
ii
in paragraph (b), for paragraph (ii) (including the “or”) substitute—
ii
was a man and leaves a surviving civil partner (of either sex), where the civil partnership was formed after discharge;
iia
was a woman and leaves a surviving civil partner who is a woman, where the civil partnership was formed after discharge; or
iii
in paragraph (c), for the words from “married to” to the end (but not the final “or”) substitute—
—
i
married to a man whom she leaves a widower; or
ii
who leaves a surviving civil partner who is a man;
b
in rule C.3257—
i
in paragraph (a), at the end insert “or”;
ii
for paragraphs (b) and (c) (including the final “and”) substitute—
b
the person and the deceased were living together as if they were a married couple or civil partners and were not—
i
prevented from marrying (or, prior to 13th March 2014 (which is the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force), would not have been prevented from doing so apart from both being of the same sex), or
ii
prevented from forming a civil partnership (or, prior the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force, would not have been prevented from doing so apart from both being of the opposite sex), and
Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No 2) Order 2010114
In article 23(c)(ii) of the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No 2) Order 2010258, after “civil partnership, or” insert “prior the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force”.
Teachers’ Pensions Regulations 2010115
1
The Teachers’ Pensions Regulations 2010259 are amended as follows.
2
In Schedule 5, in paragraph 3260—
a
in sub-paragraph (a)(ii), after “a woman with a” insert “female”;
b
in sub-paragraph (b), after “male spouse” insert “or a male civil partner”.
3
In Schedule 8261—
a
in paragraph 1—
i
for the heading substitute “Pensions for surviving adults: general”;
ii
in sub-paragraph (1), for paragraph (b) substitute—
b
where D is a man, D’s surviving civil partner (of either sex);
ba
where D and her surviving civil partner are both women, that partner;
iii
in sub-paragraph (2)(h), after sub-paragraph (i) insert—
ia
D was a man in a civil partnership, in a case where D’s surviving adult is a surviving civil partner who is a man;
ib
D was a man or woman in a civil partnership, in a case where D’s surviving adult is a surviving civil partner who is a woman;
b
in paragraph 2—
i
for the heading substitute “Pensions for widowers other than widowers with pre-1988 rights, and surviving male civil partners, of female members”;
ii
in sub-paragraph (1), for “a widower other than a widower with pre-1988 rights.” substitute—
—
a
a widower other than a widower with pre-1988 rights, or
b
a surviving civil partner who is a man.
iii
in sub-paragraph (2)(f), for “D was a married woman.” substitute—
—
i
D was a married woman, in a case where D’s surviving adult is a widower other than a widower with pre-1988 rights, or
ii
D was a woman in a civil partnership, in a case where D’s surviving adult is a surviving civil partner who is a man.
4
In Schedule 9262—
a
in paragraph 1—
i
in the heading, after “Pensions for” insert “certain”;
ii
in sub-paragraph (1)(a), after “(b),” insert “(ba),”;
iii
in sub-paragraph (4)(a), for the words from “pensions” to “pre-1988 rights” substitute “pensions for surviving adults: general”;
b
in paragraph 2—
i
in the heading, after “Pensions for” insert “certain”;
ii
in sub-paragraph (1)(a), after “(b),” insert “(ba),”;
c
in paragraph 3—
i
in the heading, after “widowers”, in the first place it occurs, insert “or surviving male civil partners”;
ii
in sub-paragraph (1), for “a widower other than a widower with pre-1988 rights.” substitute—
—
a
a widower other than a widower with pre-1988 rights, or
b
a surviving civil partner who is a man.
iii
in sub-paragraph (2)(a), for “of female members other than widowers with pre-1988 rights” substitute “other than widowers with pre-1988 rights, and surviving male civil partners, of female members”.
Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011116
1
The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011263 are amended as follows.
2
In Schedule 1, in rule D.3—
a
in paragraph (4)(b)264—
i
in paragraph (i), omit “or”;
ii
after paragraph (i) insert—
ia
a man and leaves a surviving civil partner who is a woman
iii
in paragraph (ii), at the end insert “; or”;
iv
after paragraph (ii) insert—
iii
a woman in a relevant gender change case who leaves a surviving civil partner who is a woman.
b
in paragraph (8)(b)265, for “married to a woman and that marriage” substitute “married to, or in a civil partnership with, a woman and that marriage or civil partnership”.
3
Also in Schedule 1, in rule D.8(4)266, for “married” substitute “a married couple or civil partners”.
4
In Schedule 2, in rule C.2267—
a
in paragraph (4)(c)—
i
for the words before paragraph (i) substitute “was married to, or the civil partner of, a woman and that civil partnership— ”;
ii
in paragraph (i), after “took place” insert “, or was formed,”;
b
in paragraph (4)(d), after “widow” insert “or surviving civil partner”;
c
in paragraph (5)(c)—
i
in the words before paragraph (i), after “married” insert “, or formed a civil partnership with,”;
ii
in paragraph (ii), after “marriage” insert “or civil partnership”;
d
in paragraph (5)(d), after “widow” insert “or surviving civil partner”.
(This note is not part of the Regulations)