Legalize / United Kingdom / Public General Act

Civil Partnership Act 2004

Type Public General Act

Publication 2004-11-18

Last updated 2025-12-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 13

Reform history JSON API

(5) In sub-paragraph (4)(a), “couple” means— (a) a man and a woman who are married to each other and are members of the same household, (b) a man and a woman who are not married to each other but are living together as husband and wife, (c) two people of the same sex who are civil partners of each other and are members of the same household, or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners. (6) For the purposes of this paragraph, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

Part 2 — Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/ 2628 (N.I. 23))

7

In Article 3 (meaning of “child”), in paragraph (2)—

(a) in sub-paragraph (a), after “married” insert “ or a civil partner ”,

(b) in sub-paragraph (b), after “marriage” insert “ , or been a party to a civil partnership, ”, and

(c) in sub-paragraph (c), after “granted” insert “ or has been a party to a civil partnership in respect of which a nullity order has been made ”.

8

In Article 10 (role of the courts with respect to maintenance for children), after paragraph (11)(d) insert—

(da) Schedule 15, 16 or 17 to the Civil Partnership Act 2004; or

9

In Article 17 (powers of inspectors), in paragraph (7)—

(a) after “married” insert “ or is a civil partner ”, and

(b) after “spouse” insert “ or civil partner ”.

10

For paragraph 6(5)(b) (as originally enacted) of Schedule 1 (maintenance assessments) substitute—

(b) where the absent parent— (i) is living together in the same household with another adult of the opposite sex (regardless of whether or not they are married), (ii) is living together in the same household with another adult of the same sex who is his civil partner, or (iii) is living together in the same household with another adult of the same sex as if they were civil partners, income of that other adult,

11

After paragraph 6(5) (as originally enacted) of that Schedule insert—

(5A) For the purposes of this paragraph, two adults of the same sex are to be regarded as living together in the same household as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two adults of the opposite sex.

12

In paragraph 10C of that Schedule (as substituted by section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))), for sub-paragraph (5) substitute—

(5) In sub-paragraph (4)(a), “couple” means— (a) a man and a woman who are married to each other and are members of the same household, (b) a man and a woman who are not married to each other but are living together as husband and wife, (c) two people of the same sex who are civil partners of each other and are members of the same household, or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners. (6) For the purposes of this paragraph, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

13

In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii), after “spouse” insert “ or civil partner ”.

14

In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after “spouse” insert “ or deceased civil partner ”.

15

In section 30B (incapacity benefit: rate), in subsection (3)(a), after “people” insert “ or civil partners ”.

16

(1) Amend section 36 (bereavement payment) as follows.

(2) In subsection (1), after “spouse” (in each place) insert “ or civil partner ”.

(3) For subsection (2) substitute—

(2) A bereavement payment shall not be payable to a person if— (a) that person and a person of the opposite sex to whom that person was not married were living together as husband and wife at the time of the spouse’s or civil partner’s death, or (b) that person and a person of the same sex who was not his or her civil partner were living together as if they were civil partners at the time of the spouse’s or civil partner’s death.

17

In section 36A (cases in which sections 37 to 41 apply), in subsection (2), after “spouse” insert “ or civil partner ”.

18

(1) Amend section 37 (widowed mother’s allowance) as follows.

(2) In subsection (3), after “remarries” insert “ or forms a civil partnership ”.

(3) After subsection (4)(b) insert

or (c) for any period during which she and a woman who is not her civil partner are living together as if they were civil partners.

19

(1) Amend section 38 (widow’s pension) as follows.

(2) In subsection (2), after “remarries” insert “ or forms a civil partnership ”.

(3) After subsection (3)(c) insert

or (d) for any period during which she and a woman who is not her civil partner are living together as if they were civil partners.

20

(1) Amend section 39A (widowed parent’s allowance) as follows.

(2) After “spouse” (in each place other than subsections (2)(b) and (4)), insert “ or civil partner ”.

(3) After “spouse's” (in each place) insert “ or civil partner's ”.

(4) In subsection (2), after paragraph (b) insert

or (c) the surviving civil partner is a woman who— (i) was residing together with the deceased civil partner immediately before the time of the death, and (ii) is pregnant as the result of being artificially inseminated before that time with the semen of some person, or as a result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.

(5) In subsection (4), after “remarries” insert “ or forms a civil partnership ”.

(6) After subsection (4) insert—

(4A) The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it for any period throughout which she or he— (a) satisfies the requirements of subsection (2)(a) or (b) above; and (b) is under pensionable age.

(7) After subsection (5)(b) insert

or (c) for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners.

21

(1) Amend section 39B (bereavement allowance where no dependent children) as follows.

(2) After “spouse” (in each place) other than subsection (4), insert “ or civil partner ”.

(3) After “spouse's” (in each place) insert “ or civil partner's ”.

(4) In subsection (4), after “remarries” insert “ or forms a civil partnership ”.

(5) After subsection (4) insert—

(4A) The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it until— (a) she or he attains pensionable age, or (b) the period of 52 weeks mentioned in subsection (3) above expires, whichever happens first.

(6) After subsection (5)(b) insert

or (c) for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners.

22

In section 39C (rate of widowed parent’s allowance and bereavement allowance)—

(a) after “spouse” (in each place) insert “ or civil partner ”, and

(b) in subsection (5), after “spouse's” insert “ or civil partner's ”.

23

In section 46 (modifications of section 45 for calculating the additional pension in certain benefits)—

(a) after “under pensionable age”, in subsection (2), insert “ or by virtue of section 39C(1) above or section 48A(4), 48B(2) or 48BB(5) below in a case where the deceased civil partner died under pensionable age ”,

(b) after “spouse”, in paragraph (b)(i) of the definition of “N” in subsection (2), insert “ or civil partner ”, and

24

(1) Amend section 48 (use of former spouse’s contributions) as follows.

(2) In subsection (1)—

(a) for “married” substitute “ in a relevant relationship ”,

(b) for “marriage” substitute “ relationship ”, and

(3) In subsection (2), for “marriage” substitute “ relevant relationship ”.

(4) For subsection (3) substitute—

(3) Where a person has been in a relevant relationship more than once, this section applies only to the last relevant relationship and the references to his relevant relationship and his former spouse or civil partner shall be construed accordingly. (4) In this section, “relevant relationship” means a marriage or civil partnership.

25

(1) Amend section 48A (category B retirement pension for married person) as follows.

(2) After subsection (2) insert—

(2A) A person who— (a) has attained pensionable age, and (b) on attaining that age was a civil partner or forms a civil partnership after attaining that age, shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the civil partnership (“the contributing civil partner”) if the following requirement is met. (2B) The requirement is that the contributing civil partner— (a) has attained pensionable age and become entitled to a Category A retirement pension, and (b) satisfies the conditions specified in Schedule 3, Part 1, paragraph 5.

(3) In subsections (3) and (4), after “spouse” insert “ or contributing civil partner ”.

(4) In subsection (4A), for “widow or widower” substitute “ widow, widower or surviving civil partner ”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

(1) Amend section 48B (category B retirement pension for widows and widowers) as follows.

(2) After subsection (1) insert—

(1A) A person (“the pensioner”) who attains pensionable age on or after 6th April 2010 and whose civil partner died— (a) while they were civil partners of each other, and (b) after the pensioner attained pensionable age, shall be entitled to a Category B retirement pension by virtue of the contributions of the civil partner if the civil partner satisfied the conditions specified in Schedule 3, Part 1, paragraph 5.

(3) In subsection (2), after “subsection (1)” insert “ or (1A) ”.

(4) In subsection (3), after “spouse” (in each place) insert “ or civil partner ”.

27

(1) Amend section 48BB (category B retirement pension: entitlement by reference to benefits under section 39A or 39B) as follows.

(2) After “spouse” (in each place) insert “ or civil partner ”.

(3) After “spouse's” (in each place) insert “ or civil partner's ”.

(4) In subsections (1)(b) and (3)(b), for “remarried” substitute “ following that death married or formed a civil partnership ”.

28

(1) Amend section 51 (category B retirement pension for widowers) as follows.

(2) After subsection (1) insert—

(1A) A civil partner shall be entitled to a Category B retirement pension if— (a) his or her civil partner has died and they were civil partners of each other at the time of that death, (b) they were both over pensionable age at the time of that death, and (c) before that death the deceased civil partner satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part 1, paragraph 5.

(3) In subsection (2)—

(a) for “man's” substitute “ person's ”, and

(b) after “wife” insert “ or deceased civil partner ”.

(4) In subsection (3), after “2002” insert “ or a surviving civil partner ”.

(5) In subsection (4)—

(a) for “man” substitute “ person ”, and

(b) after “pension” insert “ under this section ”.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

In section 51A (special provision for married people), in subsection (1)—

(a) after “person” insert “ or civil partner ”, and

(b) after “marriage” insert “ or civil partnership ”.

30

In section 52 (special provision for surviving spouses), in subsection (1), after “spouse” insert “ or civil partner ”.

31

In section 60 (complete or partial failure to satisfy contributions conditions), in subsection (2)—

(a) after “married” insert “ or a civil partner ”, and

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

32

In section 61A (contributions paid in error), in subsection (3)—

(a) after “spouse” insert “ or civil partner ”, and

(b) in paragraph (b), for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”.

33

In section 62 (graduated retirement benefit), after subsection (1)(aa) insert—

(ab) for extending section 37 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to civil partners and their late civil partners and for that section (except subsection (5)) so to apply as it applies to women and their late husbands;

34

In section 77 (guardian’s allowance)—

(a) in subsection (6)(a)(ii), after “spouses” insert “ or civil partners ”, and

(b) in subsection (8)(a), after “divorce” insert “ or the civil partnership of the child’s parents has been dissolved ”.

35

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36

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37

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38

In section 113 (general provisions as to disqualification and suspension), in subsection (1), for “wife or husband,” substitute “ wife, husband or civil partner, ”.

39

In section 114 (persons maintaining dependants etc.)—

(a) in subsection (2), for “wife” substitute “ wife, civil partner ”, and

(b) in subsection (3)(a), after “spouse” insert “ or civil partner ”.

40

After subsection (1)(a) of section 121 (treatment of certain marriages) insert—

(aa) for a voidable civil partnership which has been annulled, whether before or after the date when the regulations come into force, to be treated for the purposes of the provisions to which this subsection applies as if it had been a valid civil partnership which was dissolved at the date of annulment;

41

(1) Amend section 122 (interpretation of Parts 1 to 6 and supplementary provisions) as follows.

(2) In subsection (1), in the definition of “relative” after “by marriage” insert “ or civil partnership ”.

(3) After subsection (1) insert—

(1A) For the purposes of Parts 1 to 5 and this Part of this Act, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

42

In section 124 (income support), in subsection (1)(c), (f) and (g), for “married or unmarried couple” substitute “ couple ”.

43

In section 126 (trade disputes), in subsection (3)(b), (c) and (d), for “married or unmarried couple” substitute “ couple ”.

44

In section 127 (effect of return to work), for “married or unmarried couple” (in each place) substitute “ couple ”.

45

In section 132 (couples), in subsection (1), for “married or unmarried couple” substitute “ couple ”.

46

(1) Amend section 137 (interpretation of Part 7 and supplementary provisions) as follows.

(2) In paragraphs (a), (b) and (c) of the definition of “family” in subsection (1), for “married or unmarried couple” substitute “ couple ”.

(3) After the definition of “child” in subsection (1) insert—

“couple” means— (a) a man and woman who are married to each other and are members of the same household; (b) a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances; (c) two people of the same sex who are civil partners of each other and are members of the same household; or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;

(4) Omit the definitions of “married couple” and “unmarried couple” in subsection (1).

(5) After subsection (1) insert—

(1A) For the purposes of this Part, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

47

In section 143 (meaning of “person responsible for child”), in subsection (5), after “spouses” insert “ or civil partners ”.

48

(1) Amend section 145A (entitlement after death of child) as follows.

(2) In subsection (2)—

(a) in paragraph (a), after “couple” insert “ or civil partnership ” and after “to whom he was married” insert “ or who was his civil partner ”,

(b) in paragraph (b), after “couple” insert “ or a cohabiting same-sex couple ”, and

(3) Before the definition of “married couple” in subsection (5) insert—

“civil partnership” means two people of the same sex who are civil partners of each other and are neither— (a) separated under a court order, nor (b) separated in circumstances in which the separation is likely to be permanent, “cohabiting same-sex couple” means two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

(4) After subsection (5) insert—

(6) For the purposes of this section, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

49

(1) Amend section 150 (interpretation of Part 10) as follows.

(2) In the definition of “war widow’s pension” in subsection (2)—

(a) after “any widow's” insert “ or surviving civil partner's ”, and

(b) after “widow” insert “ or surviving civil partner ”.

(3) For subsection (3) substitute—

(3) In this Part of this Act, “couple” has the meaning given by section 137(1) above.

50

In section 171ZL (entitlement to statutory adoption pay), in subsection (4)(b)—

(a) after “married couple” insert “ or civil partnership ”, and

(b) after “spouse” (in each place) insert “ or civil partner ”.

51

(1) Amend Schedule 4A (additional pension) as follows.

(2) In paragraph 1(2), after “under pensionable age,” insert “ or by virtue of section 39C(1), 48A(4) or 48B(2) above, in a case where the deceased civil partner died under pensionable age, ”.

(3) In paragraph 1(4)(a) and (b), (5), (6) and (7)(a) and (b), after “spouse” insert “ or civil partner ”.

52

(1) Amend Schedule 7 (industrial injuries benefits) as follows.

(2) For paragraph 4(3)(a) of Part 1 substitute—

(a) a beneficiary is one of two persons who are— (i) spouses or civil partners residing together, (ii) a man and woman who are not married to each other but are living together as if they were husband and wife, or (iii) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners, and

(3) In paragraph 5(2)(a)(ii) of Part 1, after “spouses” insert “ or civil partners ”.

(4) In Part 1—

(a) in paragraph 6(1), (3) and (4), after “spouse” (in each place) insert “ or civil partner ”, and

(b) in paragraph 6(4)(a), after “spouse's” insert “ or civil partner's ”.

(5) In paragraph 15 of Part 6—

(a) in sub-paragraph (2), after “remarries” insert “ or forms a civil partnership ”, and

(b) at the end of sub-paragraph (3), insert “ or is living together with a person of the same sex as if they were civil partners ”.

53

(1) Amend Schedule 8 (industrial injuries and diseases: old cases) as follows.

(2) In paragraph 6(4)(d), and the substituted paragraph (d) in paragraph 6(5), after “spouse” (in each place) insert “ or civil partner ”.

(3) After paragraph 8(1) insert—

(1A) Any reference in this Schedule to a member of a person’s family within the meaning of the Workmen’s Compensation Act 1925 is to be read as including a civil partner of his.

54

In Schedule 9 (exclusions from entitlement to child benefit), in paragraph 3, after “married” insert “ or is a civil partner ”.

55

In section 2AA (full entitlement to certain benefits conditional on work-focused interview for partner), in subsection (7), for the definition of “couple” substitute—

“couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;

56

In section 3 (late claims for bereavement benefit where death is difficult to establish)—

(a) after “spouse” (in each place) insert “ or civil partner ”, and

(b) after “spouse's” (in each place) insert “ or civil partner's ”.

57

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58

(1) Amend section 71 (overpayments – general) as follows.

(2) In subsection (9), for “married or unmarried couple” substitute “ couple ”.

(3) After subsection (11) insert—

(12) In this section, “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act.

59

In section 73 (overlapping benefits – general), in subsections (2)(b) and (d) and (5)(b) and (d), for “wife or husband” substitute “ wife, husband or civil partner ”.

60

In section 74A (payment of benefit where maintenance payments collected by Secretary of State), in subsection (5)—

(a) after the definition of “child maintenance” insert—

“couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;

(b) in the definition of “family”, for “married or unmarried couple” (in each place) substitute “ couple ”, and

61

(1) Amend section 78 (recovery of social fund awards) as follows.

(2) In subsection (3)(b), for “married or unmarried couple” substitute “ couple ”.

(3) For subsection (5) substitute—

(5) In this section “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act.

(4) In subsection (6)—

(a) in paragraph (a), after “wife” insert “ or civil partner ”, and

(b) in paragraph (b), after “husband” insert “ or civil partner ”.

62

In section 105 (failure to maintain – general), in subsection (4), after “spouse” insert “ or civil partner ”.

63

(1) Amend section 107 (recovery of expenditure on income support: additional amounts and transfer of orders) as follows.

(2) In subsection (1)(b), after “wife” insert “ or civil partner ”.

(3) In subsection (15), after paragraph (a)(ii) of the definition of “maintenance order” insert—

(iii) any order under Schedule 7 to the Civil Partnership Act 2004 for the making of periodical payments or for the payment of a lump sum;

64

In section 109B (power to require information), in subsection (5)(a), for “married, his spouse” substitute “ married or is a civil partner, his spouse or civil partner ”.

65

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66

In section 156 (up-rating under section 150 of pensions increased under section 52(3) of the Contributions and Benefits Act)—

(a) in subsection (1), after “spouse” insert “ or civil partner ”, and

(b) in subsections (2) and (3), after “spouse's” (in each place) insert “ or civil partner's ”.

67

In section 20 (descriptions of contributory benefits), in subsection (1)(f)(ii), after “spouse” insert “ or civil partner ”.

68

In section 30A (incapacity benefit: entitlement), in subsection (2)(b)(ii), after “spouse” insert “ or deceased civil partner ”.

69

In section 30B (incapacity benefit: rate), in subsection (3)(a), after “people” insert “ or civil partners ”.

70

(1) Amend section 36 (bereavement payment) as follows.

(2) In subsection (1), after “spouse” (in each place) insert “ or civil partner ”.

(3) For subsection (2) substitute—

(2) A bereavement payment shall not be payable to a person if— (a) that person and a person of the opposite sex to whom that person was not married were living together as husband and wife at the time of the spouse’s or civil partner’s death, or (b) that person and a person of the same sex who was not his or her civil partner were living together as if they were civil partners at the time of the spouse’s or civil partner’s death.

71

In section 36A (cases in which sections 37 to 41 apply), in subsection (2), after “spouse” insert “ or civil partner ”.

72

(1) Amend section 37 (widowed mother’s allowance) as follows.

(2) In subsection (3), after “remarries” insert “ or forms a civil partnership ”.

(3) After subsection (4)(b) insert

or (c) for any period during which she and a woman who is not her civil partner are living together as if they were civil partners.

73

(1) Amend section 38 (widow’s pension) as follows.

(2) In subsection (2), after “remarries” insert “ or forms a civil partnership ”.

(3) After subsection (3)(c) insert

or (d) for any period during which she and a woman who is not her civil partner are living together as if they were civil partners.

74

(1) Amend section 39A (widowed parent’s allowance) as follows.

(2) After “spouse” (in each place other than subsections (2)(b) and (4)), insert “ or civil partner ”.

(3) After “spouse's” (in each place) insert “ or civil partner's ”.

(4) In subsection (2), after paragraph (b) insert

or (c) the surviving civil partner is a woman who— (i) was residing together with the deceased civil partner immediately before the time of the death, and (ii) is pregnant as the result of being artificially inseminated before that time with the semen of some person, or as a result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.

(5) In subsection (4), after “remarries” insert “ or forms a civil partnership ”.

(6) After subsection (4) insert—

(4A) The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it for any period throughout which she or he— (a) satisfies the requirements of subsection (2)(a) or (b) above; and (b) is under pensionable age.

(7) After subsection (5)(b) insert

or (c) for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners.

75

(1) Amend section 39B (bereavement allowance where no dependent children) as follows.

(2) After “spouse” (in each place other than subsection (4)), insert “ or civil partner ”.

(3) After “spouse's” (in each place) insert “ or civil partner's ”.

(4) In subsection (4), after “remarries” insert “ or forms a civil partnership ”.

(5) After subsection (4) insert—

(4A) The surviving civil partner shall not be entitled to the allowance for any period after she or he forms a subsequent civil partnership or marries, but, subject to that, the surviving civil partner shall continue to be entitled to it until— (a) she or he attains pensionable age, or (b) the period of 52 weeks mentioned in subsection (3) above expires, whichever happens first.

(6) After subsection (5)(b) insert

or (c) for any period during which the surviving spouse or civil partner and a person of the same sex who is not his or her civil partner are living together as if they were civil partners.

76

In section 39C (rate of widowed parent’s allowance and bereavement allowance)—

(a) after “spouse” (in each place) insert “ or civil partner ”, and

(b) in subsection (5), after “spouse's” insert “ or civil partner's ”.

77

In section 46 (modifications of section 45 for calculating the additional pension in certain benefits)—

(a) after “under pensionable age”, in subsection (2), insert “ or by virtue of section 39C(1) above or section 48A(4), 48B(2) or 48BB(5) below in a case where the deceased civil partner died under pensionable age ”,

(b) after “spouse”, in paragraph (b)(i) of the definition of “N” in subsection (2), insert “ or civil partner ”, and

78

(1) Amend section 48 (use of former spouse’s contributions) as follows.

(2) In subsection (1)—

(a) for “married” substitute “ in a relevant relationship ”,

(b) for “marriage” substitute “ relationship ”, and

(3) In subsection (2), for “marriage” substitute “ relevant relationship ”.

(4) For subsection (3) substitute—

(3) Where a person has been in a relevant relationship more than once, this section applies only to the last relevant relationship and the references to his relevant relationship and his former spouse or civil partner shall be construed accordingly. (4) In this section, “relevant relationship” means a marriage or civil partnership.

79

(1) Amend section 48A (category B retirement pension for married person) as follows.

(2) After subsection (2) insert—

(2A) A person who— (a) has attained pensionable age, and (b) on attaining that age was a civil partner or forms a civil partnership after attaining that age, shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the civil partnership (“the contributing civil partner”) if the following requirement is met. (2B) The requirement is that the contributing civil partner— (a) has attained pensionable age and become entitled to a Category A retirement pension, and (b) satisfies the conditions specified in Schedule 3, Part 1, paragraph 5.

(3) In subsections (3) and (4), after “spouse” insert “ or contributing civil partner ”.

(4) In subsection (4A), for “widow or widower” substitute “ widow, widower or surviving civil partner ”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80

(1) Amend section 48B (category B retirement pension for widows and widowers) as follows.

(2) After subsection (1) insert—

(1A) A person (“the pensioner”) who attains pensionable age on or after 6th April 2010 and whose civil partner died— (a) while they were civil partners of each other, and (b) after the pensioner attained pensionable age, shall be entitled to a Category B retirement pension by virtue of the contributions of the civil partner if the civil partner satisfied the conditions specified in Schedule 3, Part 1, paragraph 5.

(3) In subsection (2), after “subsection (1)” insert “ or (1A) ”.

(4) In subsection (3), after “spouse” (in each place) insert “ or civil partner ”.

81

(1) Amend section 48BB (category B retirement pension: entitlement by reference to benefits under section 39A or 39B) as follows.

(2) After “spouse” (in each place) insert “ or civil partner ”.

(3) After “spouse's” (in each place) insert “ or civil partner's ”.

(4) In subsections (1)(b) and (3)(b), for “remarried” substitute “ following that death married or formed a civil partnership ”.

82

(1) Amend section 51 (category B retirement pension for widowers) as follows.

(2) After subsection (1) insert—

(1A) A civil partner shall be entitled to a Category B retirement pension if— (a) his or her civil partner has died and they were civil partners of each other at the time of that death, (b) they were both over pensionable age at the time of that death, and (c) before that death the deceased civil partner satisfied the contribution conditions for a Category A retirement pension in Schedule 3, Part 1, paragraph 5.

(3) In subsection (2)—

(a) for “man's” substitute “ person's ”, and

(b) after “wife” insert “ or deceased civil partner ”.

(4) In subsection (3), after “2002” insert “ or a surviving civil partner ”.

(5) In subsection (4)—

(a) for “man” substitute “ person ”, and

(b) after “pension” insert “ under this section ”.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83

In section 51A (special provision for married people), in subsection (1)—

(a) after “person” insert “ or civil partner ”, and

(b) after “marriage” insert “ or civil partnership ”.

84

In section 52 (special provision for surviving spouses), in subsection (1), after “spouse” insert “ or civil partner ”.

85

In section 60 (complete or partial failure to satisfy contribution conditions), in subsection (2)—

(a) after “married” insert “ or a civil partner ”, and

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

86

In section 61A (contributions paid in error), in subsection (3)—

(a) after “spouse” insert “ or civil partner ”, and

(b) in paragraph (b), for “widows or widowers” substitute “ widows, widowers or surviving civil partners ”.

87

In section 62 (graduated retirement benefit), after subsection (1)(aa) insert—

(ab) for extending section 36 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to civil partners and their late civil partners and for that section (except subsection (5)) so to apply as it applies to women and their late husbands;

88

In section 77 (guardian’s allowance)—

(a) in subsection (6)(a)(ii), after “spouses” insert “ or civil partners ”, and

(b) in subsection (8)(a), after “divorce” insert “ or the civil partnership of the child’s parents has been dissolved ”.

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90

91

(1) Amend section 85 (pension increase (person with care of children)) as follows.

(2) Omit subsection (1).

(3) After subsection (1) insert—

(1A) Subject to subsections (2A) and (4) below, the weekly rate of a Category A retirement pension shall be increased by the amount specified in relation to that pension in Schedule 4, Part 4, column (3) for any period during which a person who is neither the spouse or civil partner of the pensioner nor a child has the care of a child or children in respect of whom the pensioner is entitled to child benefit.

(4) In subsection (2)—

(a) for “the following provisions” substitute “ subsections (3) and (4) below ”, and

(b) for “pension to which this section applies” substitute “ Category C retirement pension payable by virtue of section 78(1) above ”.

(5) After subsection (2) insert—

(2A) Subsection (1A) above does not apply if the pensioner is a person whose spouse or civil partner is entitled to a Category B retirement pension, or to a Category C retirement pension by virtue of section 78(2) above or in such other cases as may be prescribed.

(6) In subsection (4), after “subsection” insert “ (1A) or ”.

92

In section 113 (general provisions as to disqualification and suspension), in subsection (1), for “wife or husband,” substitute “ wife, husband or civil partner, ”.

93

In section 114 (persons maintaining dependants etc.)—

(a) in subsection (2), for “wife” substitute “ wife, civil partner ”, and

(b) in subsection (3)(a), after “spouse” insert “ or civil partner ”.

94

In section 120 (treatment of certain marriages), after subsection (1)(a) insert—

(aa) for a voidable civil partnership which has been annulled, whether before or after the date when the regulations come into force, to be treated for the purposes of the provisions to which this subsection applies as if it had been a valid civil partnership which was dissolved at the date of annulment;

95

(1) Amend section 121 (interpretation of Parts 1 to 6 and supplementary provisions) as follows.

(2) In subsection (1), in the definition of “relative” after “by marriage” insert “ or civil partnership ”.

(3) After subsection (1) insert—

(1A) For the purposes of Parts 1 to 5 and this Part of this Act, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

96

In section 123 (income support), in subsection (1)(c), (f) and (g), for “married or unmarried couple” substitute “ couple ”.

97

In section 125 (trade disputes), in subsection (3)(b), (c) and (d), for “married or unmarried couple” substitute “ couple ”.

98

In section 126 (effect of return to work), for “married or unmarried couple” (in each place) substitute “ couple ”.

99

(1) Amend section 133 (interpretation of Part 7 and supplementary provisions) as follows.

(2) In paragraphs (a), (b) and (c) of the definition of “family” in subsection (1), for “married or unmarried couple” substitute “ couple ”.

(3) After the definition of “child” in subsection (1) insert—

“couple” means— (a) a man and woman who are married to each other and are members of the same household; (b) a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances; (c) two people of the same sex who are civil partners of each other and are members of the same household; or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;

(4) Omit the definitions of “married couple” and “unmarried couple” in subsection (1).

(5) After subsection (1) insert—

(1A) For the purposes of this Part, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

100

In section 139 (meaning of “person responsible for child”), in subsection (5), after “spouses” insert “ or civil partners ”.

101

(1) Amend section 141A (entitlement after death of child) as follows.

(2) In subsection (2)—

(a) in paragraph (a), after “couple” insert “ or civil partnership ” and after “to whom he was married” insert “ or who was his civil partner ”,

(b) in paragraph (b), after “couple” insert “ or a cohabiting same-sex couple ”, and

(3) Before the definition of “married couple” in subsection (5) insert—

“civil partnership” means two people of the same sex who are civil partners of each other and are neither— (a) separated under a court order, nor (b) separated in circumstances in which the separation is likely to be permanent, “cohabiting same-sex couple” means two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

(4) After subsection (5) insert—

(6) For the purposes of this section, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

102

(1) Amend section 146 (interpretation of Part 10) as follows.

(2) In the definition of “war widow’s pension” in subsection (2)—

(a) after “any widow's” insert “ or surviving civil partner's ”, and

(b) after “widow” insert “ or surviving civil partner ”.

(3) For subsection (3) substitute—

(3) In this Part of this Act, “couple” has the meaning given by section 133(1) above.

103

In section 167ZL (entitlement to statutory adoption pay), in subsection (4)(b)—

(a) after “married couple” insert “ or civil partnership ”, and

(b) after “spouse” (in each place) insert “ or civil partner ”.

104

(1) Amend Schedule 4A (additional pension) as follows.

(2) In paragraph 1(2), after “under pensionable age,” insert “ or by virtue of section 39C(1), 48A(4) or 48B(2) above, in a case where the deceased civil partner died under pensionable age, ”.

(3) In paragraph 1(4)(a) and (b), (5), (6) and (7)(a) and (b), after “spouse” insert “ or civil partner ”.

105

(1) Amend Schedule 7 (industrial injuries benefits) as follows.

(2) For paragraph 4(3)(a) of Part 1 substitute—

(a) a beneficiary is one of two persons who are— (i) spouses or civil partners residing together, (ii) a man and woman who are not married to each other but are living together as if they were husband and wife, or (iii) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners, and

(3) In paragraph 5(2)(a)(ii) of Part 1, after “spouses” insert “ or civil partners ”.

(4) In Part 1—

(a) in paragraph 6(1), (3) and (4), after “spouse” (in each place) insert “ or civil partner ”, and

(b) in paragraph 6(4)(a), after “spouse's” insert “ or civil partner's ”.

(5) In paragraph 15 of Part 6—

(a) in sub-paragraph (2), after “remarries” insert “ or forms a civil partnership ”, and

(b) at the end of sub-paragraph (3), insert “ or is living together with a person of the same sex as if they were civil partners ”.

106

In Schedule 9 (exclusions from entitlement to child benefit), in paragraph 3, after “married” insert “ or is a civil partner ”.

107

In section 2AA (full entitlement to certain benefits conditional on work-focused interview for partner), in subsection (7), for the definition of “couple” substitute—

“couple” has the meaning given by section 133(1) of the Contributions and Benefits Act;

108

In section 3 (late claims for bereavement benefit where death is difficult to establish)—

(a) after “spouse” (in each place) insert “ or civil partner ”, and

(b) after “spouse's” (in each place) insert “ or civil partner's ”.

109

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

110

(1) Amend section 69 (overpayments – general) as follows.

(2) In subsection (9), for “married or unmarried couple” substitute “ couple ”.

(3) After subsection (11) insert—

(12) In this section, “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act.

111

In section 71 (overlapping benefits – general), in subsections (2)(b) and (d) and (5)(b) and (d), for “wife or husband” substitute “ wife, husband or civil partner ”.

112

In section 72A (payment of benefit where maintenance payments collected by Department), in subsection (5)—

(a) after the definition of “child maintenance” insert—

“couple” has the meaning given by section 133(1) of the Contributions and Benefits Act;

(b) in the definition of “family”, for “married or unmarried couple” (in each place) substitute “ couple ”, and

113

(1) Amend section 74 (recovery of social fund awards) as follows.

(2) In subsection (3)(b), for “married or unmarried couple” substitute “ couple ”.

(3) For subsection (5) substitute—

(5) In this section, “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act.

(4) In subsection (6)—

(a) in paragraph (a), after “wife” insert “ or civil partner ”, and

(b) in paragraph (b), after “husband” insert “ or civil partner ”.

114

In section 100 (failure to maintain – general), in subsection (4), after “spouse” insert “ or civil partner ”.

115

In section 102 (recovery of expenditure on income support: additional amounts and transfer of orders), in subsection (1)(b), after “wife” insert “ or civil partner ”.

116

In section 103B (power to require information), in subsection (5)(a), for “married, his spouse” substitute “ married or is a civil partner, his spouse or civil partner ”.

117

In section 136 (up-rating under section 132 of pensions increased under section 52(3) of the Contributions and Benefits Act)—

(a) in subsection (1), after “spouse” insert “ or civil partner ”, and

(b) in subsections (2) and (3), after “spouse's” (in each place) insert “ or civil partner's ”.

Part 7 — Amendments of the Jobseekers Act 1995 (c. 18)

118

In section 1 (the jobseeker’s allowance), in subsection (4), in the definition of “a joint-claim couple”, for “married or unmarried couple” substitute “ couple ”.

119

In section 3 (the income-based conditions), in subsection (1)(dd) and (e), for “married or unmarried couple” substitute “ couple ”.

120

In section 15 (effect on other claimants), in subsection (2)(b), for “married or unmarried couple” substitute “ couple ”.

121

In section 15A (trade disputes: joint-claim couples), in subsection (5)(c), for “married or unmarried couple” substitute “ couple ”.

122

In section 23 (recovery of sums in respect of maintenance), in subsection (1), after “spouse” insert “ or civil partner ”.

123

In section 31 (termination of awards), in subsections (1) and (2), for “married or unmarried couple” substitute “ couple ”.

124

(1) Amend section 35 (interpretation) as follows.

(2) After the definition of “contribution-based jobseeker’s allowance” in subsection (1) insert—

“couple” means— (a) a man and woman who are married to each other and are members of the same household; (b) a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances; (c) two people of the same sex who are civil partners of each other and are members of the same household; or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;

(3) In paragraphs (a), (b) and (c) of the definition of “family” in subsection (1), for “married or unmarried couple” substitute “ couple ”.

(4) Omit the definitions of “married couple” and “unmarried couple” in subsection (1).

(5) After subsection (1) insert—

(1A) For the purposes of this Act, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

125

In Schedule 1 (supplementary provisions), in paragraph 9C(1), for “married or unmarried couple” substitute “ couple ”.

Part 8 — Amendments of the Child Support Act 1995 (c. 34)

126

(1) Amend subsection (7) of section 10 (the child maintenance bonus) as follows.

(2) After the definition of “child maintenance” insert—

“couple” means— (a) a man and woman who are married to each other and are members of the same household; (b) a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances; (c) two people of the same sex who are civil partners of each other and are members of the same household; or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;

(3) In the definition of “family” for “married or unmarried couple” (in each place) substitute “ couple ”.

(4) Omit the definitions of “married couple” and “unmarried couple”.

127

After section 10(7) insert—

(7A) For the purposes of this section, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

Part 9 — Amendments of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/ 2702 (N.I. 13))

128

(1) Amend paragraph (7) of Article 4 (the child maintenance bonus) as follows.

(2) After the definition of “child maintenance” insert—

“couple” means— (a) a man and woman who are married to each other and are members of the same household; (b) a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances; (c) two people of the same sex who are civil partners of each other and are members of the same household; or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;

(3) In the definition of “family” for “married or unmarried couple” (in each place) substitute “ couple ”.

(4) Omit the definitions of “married couple” and “unmarried couple”.

129

After that paragraph insert—

(7A) For the purposes of this Article, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

Part 10 — Amendments of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

130

(1) Amend Article 2 (interpretation) as follows.

(2) After the definition of “contribution-based jobseeker’s allowance” in paragraph (2) insert—

“couple” means— (a) a man and woman who are married to each other and are members of the same household; (b) a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances; (c) two people of the same sex who are civil partners of each other and are members of the same household; or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;

(3) In paragraphs (a), (b) and (c) of the definition of “family” in paragraph (2), for “married or unmarried couple” substitute “ couple ”.

(4) Omit the definitions of “married couple” and “unmarried couple” in paragraph (2).

(5) After paragraph (2) insert—

(2A) For the purposes of this Order, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

131

In Article 3 (the jobseeker’s allowance), in paragraph (4), in the definition of “a joint-claim couple”, for “married or unmarried couple” substitute “ couple ”.

132

In Article 5 (the income-based conditions), in paragraphs (1)(dd) and (e), for “married or unmarried couple” substitute “ couple ”.

133

In Article 17 (effect on other claimants), in paragraph (2)(b), for “married or unmarried couple” substitute “ couple ”.

134

In Article 17A (trade disputes: joint-claim couples), in paragraph (5)(c), for “married or unmarried couple” substitute “ couple ”.

135

In Article 25 (recovery of sums in respect of maintenance), in paragraph (1), after “spouse” insert “ or civil partner ”.

136

In Article 32 (termination of awards), in paragraphs (1) and (2), for “married or unmarried couple” substitute “ couple ”.

137

In Schedule 1 (supplementary provisions), in paragraph 9C(1), for “married or unmarried couple” substitute “ couple ”.

138

(1) Amend section 72 (power to reduce child benefit for lone parents) as follows.

(2) In subsection (2), after “spouse” (in each place) insert “ or civil partner ”.

(3) After subsection (2) insert—

(3) For the purpose of this section, a parent is to be regarded as living with another person as his civil partner if, but only if, he would be regarded as living with the other person as his spouse, were they instead two people of the opposite sex.

139

(1) Amend Article 68 (power to reduce child benefit for lone parents) as follows.

(2) In paragraph (2), after “spouse” (in each place) insert “ or civil partner ”.

(3) After paragraph (2) insert—

(3) For the purpose of this Article, a parent is to be regarded as living with another person as his civil partner if, but only if, he would be regarded as living with the other person as his spouse, were they instead two people of the opposite sex.

Part 13 — Amendments of the State Pension Credit Act 2002 (c. 16)

140

In sections 2(5)(a) and (8)(b), 3(1)(b), 4(1), 5, 6(3)(c)(ii) and 9(4)(a), (b) and (d), for “married or unmarried couple” substitute “ couple ”.

141

In section 2(5)(b), for “such a couple” substitute “ a couple ”.

142

(1) Amend subsection (1) of section 17 (other interpretation provisions) as follows.

(2) After the definition of “the Contributions and Benefits Act” insert—

“couple” means— (a) a man and woman who are married to each other and are members of the same household; (b) a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances; (c) two people of the same sex who are civil partners of each other and are members of the same household; or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;

(3) In the definition of “foreign war widow’s or widower’s pension” for “widow or widower” (in each place) substitute “ widow, widower or surviving civil partner ”.

(4) Omit the definitions of “married couple” and “unmarried couple”.

(5) In the definition of “war widow’s or widower’s pension”—

(a) in paragraph (a), for “any widow’s or widower's” substitute “ any widow's, widower’s or surviving civil partner's ”, and

(b) in paragraph (b), for “widow or widower” substitute “ widow, widower or surviving civil partner ”.

143

After section 17(1) insert—

(1A) For the purposes of this Act, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

Part 14 — Amendments of the Tax Credits Act 2002 (c. 21)

144

(1) Amend section 3 (claims) as follows.

(2) In subsection (3)(a), for “married couple or unmarried couple” substitute “ couple ”.

(3) For subsections (5) and (6) substitute—

(5A) In this Part “couple” means— (a) a man and woman who are married to 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, (b) a man and woman who are not married to each other but are living together as husband and wife, (c) two people of the same sex who are 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 (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.

145

In sections 4(1)(g), 11(6)(b) and (c), 17(10)(b), 24(2) and 32(6), for “married couple or an unmarried couple” (in each place) substitute “ couple ”.

146

In sections 4(1)(g) and 17(10)(b), for “the married couple or unmarried couple” substitute “ the couple ”.

147

(1) Renumber section 48 (interpretation) as subsection (1) of that section.

(2) In subsection (1), after the definition of “child” insert—

“couple” has the meaning given by section 3(5A),

and omit the definitions of “married couple” and “unmarried couple”.

(3) After subsection (1) insert—

(2) For the purposes of this Part, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

Part 15 — Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))

148

In sections 2(5)(a) and (8)(b), 3(1)(b), 4(1), 5, 6(3)(c)(ii) and 9(4)(a), (b) and (d), for “married or unmarried couple” substitute “ couple ”.

149

In section 2(5)(b), for “such a couple” substitute “ a couple ”.

150

(1) Amend subsection (1) of section 17 (other interpretation provisions) as follows.

(2) After the definition of “the Contributions and Benefits Act” insert—

“couple” means— (a) a man and woman who are married to each other and are members of the same household; (b) a man and woman who are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances; (c) two people of the same sex who are civil partners of each other and are members of the same household; or (d) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners otherwise than in prescribed circumstances;

(3) In the definition of “foreign war widow’s or widower’s pension” for “widow or widower” (in each place) substitute “ widow, widower or surviving civil partner ”.

(4) Omit the definitions of “married couple” and “unmarried couple”.

(5) In the definition of “war widow’s or widower’s pension”—

(a) in paragraph (a), for “any widow’s or widower's” substitute “ any widow's, widower’s or surviving civil partner's ”, and

(b) in paragraph (b), for “widow or widower” substitute “ widow, widower or surviving civil partner ”.

151

After section 17(1) insert—

(1A) For the purposes of this Act, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.

SCHEDULE 25

Fire Services Act 1947 (c. 41)

1

In section 26 (firemen’s pension scheme), in subsections (1) and (2A), for “widows,” substitute “ surviving spouses, surviving civil partners, ”.

House of Commons Members' Fund Act 1948 (c. 36)

2

In section 4 (provision for cases of special hardship), in subsection (1)(b), for “widowers” substitute “ widowers, surviving civil partners ”.

Parliamentary and other Pensions Act 1972 (c. 48)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Theatres Trust Act 1976 (c. 27)

4

In section 3 (employment of staff), in subsection (d)(iii) (power to secure pensions and gratuities payable to or in respect of officers and servants), for “widow,” substitute “ surviving spouse, surviving civil partner, ”.

SCHEDULE 26

Greenwich Hospital Act 1865 (c. 89)

1

In section 5 (power to appoint pensions to officers, etc.), after “widows” insert “ or surviving civil partners ”.

Navy and Marines (Property of Deceased) Act 1865 (c. 111)

2

In section 4 (disposal of residue belonging to deceased person in civil service of navy), after “widow” insert “ or surviving civil partner ”.

Pensions Commutation Act 1871 (c. 36)

3

(1) In section 4 (power to Treasury to commute pensions), in subsection (2) —

(a) after “marries” insert “ or forms a civil partnership ”, and

(b) after “widow” insert “ or surviving civil partner ”.

(2) In section 4(3), for “wife” substitute “ wife, civil partner ”.

Greenwich Hospital Act 1883 (c. 32)

4

In section 2 (power to grant pensions, allowances, and gratuities), in subsection (1), after “widows” insert “ or surviving civil partners ”.

Pensions and Yeomanry Pay Act 1884 (c. 55)

5

In section 4 (distribution of money not exceeding £5,000 without requiring probate), after “widower” insert “ surviving civil partner ”.

Regimental Debts Act 1893 (c. 5)

6

In section 10 (application of residue undisposed of), in subsection (2), for “widows” substitute “ widows, surviving civil partners ”.

7

In section 24 (application of Act to cases of insanity), in paragraph (a), for “wife or husband” substitute “ wife, husband or civil partner ”.

Naval Medical Compassionate Fund Act 1915 (c. 28)

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Naval and Military War Pensions, &c., (Administrative Expenses) Act 1917 (c. 14)

9

(1) In section 5 (alteration of purposes for which voluntary funds may be applied in certain cases)—

(a) after “wives,” (in each place) insert “ civil partners, ”, and

(b) after “widows,” (in each place) insert “ surviving civil partners, ”.

(2) In section 6 (power of Secretary of State to accept and administer gifts for assisting disabled officers and men), after “widows,” insert “ surviving civil partners, ”.

War Pensions (Administrative Provisions) Act 1919 (c. 53)

10

In section 8 (appeals to Pensions Appeal Tribunals), in subsection (1), for “the motherless child or” substitute “ surviving civil partner or the orphan, ”.

War Pensions Act 1920 (c. 23)

11

In section 7 (restoration of forfeited pensions), in subsection (2), after “wife,” insert “ civil partner, ”.

12

In section 8 (statutory right of widow or dependant to a pension), for “widow” substitute “ widow, surviving civil partner ”.

Admiralty Pensions Act 1921 (c. 39)

13

In section 2 (restoration of forfeited pension), in subsection (2), after “wife,” insert “ civil partner, ”.

Greenwich Hospital Act 1942 (c. 35)

14

(1) In section 1 (extension of powers to grant pensions to persons employed for the purposes of Greenwich Hospital), in subsection (1)(a) and (b) for “widows” substitute “ widows, surviving civil partners ”.

(2) In section 1(2), for “spouses” substitute “ spouses, civil partners ”.

Pensions Appeal Tribunals Act 1943 (c. 39)

15

In section 1 (appeals against rejection of war pension claims made in respect of members of the naval, military or air forces), in subsection (4)(ii) —

(a) after “widower,” insert “ surviving civil partner, ”,

(b) for “husband” substitute “ husband, civil partner ”,

(d) after “place” insert “ or been formed ”.

Greenwich Hospital Act 1947 (10 & 11 Geo. 6 c. 5)

16

In section 2 (extension of power to grant pensions, etc.), in subsection (1), after “widows” insert “ and surviving civil partners ”.

Polish Resettlement Act 1947 (c. 19)

17

In section 1 (power to apply Royal Warrant as to pensions etc. to certain Polish forces), in subsection (1), after “widows,” insert “ surviving civil partners, ”.

18

In section 2 (allowances from the Assistance Board), in subsection (2)(c)—

(a) for “of men” substitute “ or civil partners of persons ”,

(b) for “woman” substitute “ person ”,

(d) for “re-married” substitute “ subsequently married or formed a civil partnership ”.

Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c. 24)

19

(1) Amend section 1 (deduction from pay in respect of liabilities for maintenance, etc.) as follows.

(2) In subsection (1), in paragraphs (a), (aa) and (b) after “wife” insert “ or civil partner ”.

(3) In subsection (2A), after paragraph (a) insert—

(aa) if, in proceedings in connection with the dissolution or annulment of a civil partnership, an order has been made for the payment of any periodical or other sum in respect of the maintenance of the person who, if the civil partnership had subsisted, would have been the civil partner of any such person as is mentioned in subsection (1) above, references in this section to that person’s civil partner include references to the person in whose favour the order was made; and

Royal Patriotic Fund Corporation Act 1950 (c. 10)

20

In section 1 (extension of objects of soldiers' effects fund), in subsection (1)—

(a) for “widows or children” substitute “ widows, surviving civil partners or children ”, and

(b) after “widows,” insert “ surviving civil partners, ”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

21

In section 23(1) (interpretation of Part 2)—

(a) in paragraph (a) of the definition of “dependant”, for “wife” substitute “ spouse or civil partner ”, and

(b) in the definition of “statutory tenancy”, for “widow” substitute “ surviving spouse or surviving civil partner ”.

22

In paragraph (a) of section 25(6) (meaning of “dependant”), for “wife” substitute “ spouse or civil partner ”.

23

In section 27(5) (interpretation of section), for “wife” (in each place) substitute “ spouse or civil partner ”.

24

In section 38(5) (interpretation of section), for “wife” (in each place) substitute “ spouse or civil partner ”.

25

(1) Amend section 46 (general provisions as to payments to make up civil remuneration) as follows.

(2) In subsection (2), for “wife” substitute “ spouse or civil partner ”.

(3) In subsection (3)—

(a) the words from “a widow entitled to a widow’s pension” to the end of paragraph (iv) become paragraph (a) of the subsection (so that paragraphs (i) to (iv) become sub-paragraphs of that paragraph (a)),

(b) in that paragraph (a), for “widow entitled to a widow’s pension” substitute “ surviving spouse entitled to a surviving spouse’s pension ”,

(d) before “there may” insert the following paragraph—

(b) a surviving civil partner entitled to a surviving civil partner’s pension by virtue of any of those provisions,

26

In section 52(2)(a) (“service pay” includes marriage etc. allowances), after “marriage,” insert “ civil partnership, ”.

27

(1) Amend Schedule 3 (financial provisions consequential on treating a person dying on service as alive and the converse) as follows.

(2) In paragraph 1(3), for “widow” substitute “ surviving spouse, surviving civil partner ”.

(3) In paragraph 2(4), for “wife” (in each place) substitute “ spouse, civil partner ”.

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

28

(1) Section 150 (enforcement of maintenance and affiliation orders by deduction from pay) is amended as follows.

(2) In subsection (1)(a) and (aa), after “wife” insert “ or civil partner ”.

(3) In subsection (5), after “marriage had subsisted;” insert— “ references to a civil partner include, in relation to an order made in proceedings in connection with the dissolution or annulment of a civil partnership, references to a person who would have been the civil partner of the defendant if the civil partnership had subsisted. ”

29

In section 151 (deductions from pay for maintenance of wife or child), in subsection (1)—

(a) after “wife” (in the first place) insert “ or civil partner ”, and

(b) for “wife” (in the second place) substitute “ wife, civil partner ”.

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

30

(1) Section 150 (enforcement of maintenance and affiliation orders by deduction from pay) is amended as follows.

(2) In subsection (1)(a) and (aa), after “wife” insert “ or civil partner ”.

(3) In subsection (5), after “marriage had subsisted;” insert— “ references to a civil partner include, in relation to an order made in proceedings in connection with the dissolution or annulment of a civil partnership, references to a person who would have been the civil partner of the defendant if the civil partnership had subsisted. ”

31

In section 151 (deductions from pay for maintenance of wife or child), in subsection (1)—

(a) after “wife” (in the first place) insert “ or civil partner ”, and

(b) for “wife” (in the second place) substitute “ wife, civil partner ”.

Naval Discipline Act 1957 (c. 53)

32

(1) Section 101 (service of proceedings for maintenance etc.) is amended as follows.

(2) In subsection (5)(a) and (b), after “wife” insert “ or civil partner ”.

(3) In subsection (5A), after paragraph (a) insert—

(aa) references to the civil partner of a person include, in relation to an order made in proceedings in connection with the dissolution or annulment of a civil partnership, references to a person who would have been his civil partner if the civil partnership had subsisted; and

Courts-Martial (Appeals) Act 1968 (c. 20)

33

In section 48A (appeals on behalf of deceased persons), in subsection (3)(a), for “widow or widower” substitute “ widow, widower or surviving civil partner ”.

SCHEDULE 27

Explosive Substances Act 1883 (c. 3)

1

In section 6 (inquiry by Attorney-General, and apprehension of absconding witnesses), in subsection (2), for “husband or wife” (in both places) substitute “ spouse or civil partner ”.

Partnership Act 1890 (c. 39)

2

In section 2 (rules for determining existence of partnership), in rule (3)(c), after “widow” insert “ , widower, surviving civil partner ”.

Law of Distress Amendment Act 1908 (c. 53)

3

In section 4(1) (exclusion of certain goods), after “husband or wife”, insert “ or civil partner ”.

Census Act 1920 (c. 41)

4

In the Schedule (matters in respect of which particulars may be required), in paragraph 5 after “as to marriage” insert “ or civil partnership ”.

Trustee Act 1925 (c. 19)

5

(1) Amend section 31(2)(i) (trust on reaching 18 or marrying under that age of accumulations during infancy) as follows.

(2) In sub-paragraph (a)—

(a) after “marries under that age” insert “ or forms a civil partnership under that age ”, and

(b) for “or until his marriage” substitute “ , or until his marriage or his formation of a civil partnership, ”.

(3) In sub-paragraph (b), after “marriage” insert “ , or formation of a civil partnership, ”.

(4) In the words after that sub-paragraph, after “marriage” insert “ or formation of a civil partnership ”.

6

In section 33(1)(ii)(a) and (b) (trust to maintain principal beneficiary and his spouse and issue on failure of protective trust under paragraph (i)), for “wife or husband” substitute “ spouse or civil partner ”.

Law of Property Act 1925 (c. 20)

7

In section 205(1)(xxi) (which defines “valuable consideration” as including marriage), after “includes marriage” insert “ , and formation of a civil partnership, ”.

Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)

8

(1) Amend section 1 (restriction on publication of reports of judicial proceedings) as follows.

(2) In subsection (1)(b), for “or for restitution of conjugal rights” substitute “ or for the dissolution or annulment of a civil partnership or for the separation of civil partners ”.

(3) Omit subsection (5).

Population (Statistics) Act 1938 (c. 12)

9

In the Schedule (particulars which may be required), in paragraph 2—

(a) in paragraph (a), for “or divorced;” substitute “ , divorced, a civil partner or former civil partner, and, if a former civil partner, whether the civil partnership ended on death or dissolution; ”, and

(b) in paragraph (b), after “surviving spouse” insert “ or civil partner ”.

Landlord and Tenant (Requisitioned Land) Act 1942 (c. 13)

10

In section 13(1) (definition of “member of the family”), after “the wife or husband of the tenant,” insert “ the civil partner of the tenant, ”.

Limitation (Enemies and War Prisoners) Act 1945 (c. 16)

11

In section 2 (interpretation), in the definition of “statute of limitation”, after the entry relating to the Matrimonial Causes Act 1973 insert— “ section 51(2) of the Civil Partnership Act 2004, ”.

Statistics of Trade Act 1947 (c. 39)

12

In section 10 (information from persons entering or leaving the United Kingdom by air), in subsection (1), after “marriage” insert “ or civil partnership ”.

Marriage Act 1949 (c. 76)

13

(1) Amend section 1 (marriages within prohibited degrees) as follows.

(2) In subsection (1), for the words from “between a man” to “the said Part I,” substitute “ between a person and any person mentioned in the list in Part 1 of Schedule 1 ”.

(3) In subsection (2), for the words from “between a man” to “the said Part II,” substitute “ between a person and any person mentioned in the list in Part 2 of Schedule 1 ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

In section 27 (notice of marriage), in subsection (3), for “the name and surname, marital status, occupation, place of residence and nationality of each of the persons to be married” substitute “ the name and surname, occupation, place of residence and nationality of each of the persons to be married, whether either of them has previously been married or formed a civil partnership and, if so, how the marriage or civil partnership ended ”.

15

In section 28A (power to require evidence), for subsection (3) substitute—

(3) “Specified evidence”, in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General— (a) of the person’s name and surname, (b) of the person’s age, (c) as to whether the person has previously been married or formed a civil partnership and, if so, as to the ending of the marriage or civil partnership, and (d) of the person’s nationality.

16

In section 78(1) (interpretation), in the definition of “child”, after “ “child”” insert “ , except where used to express a relationship, ”.

17

For Schedule 1 (kindred and affinity) substitute—

SCHEDULE 1 (1) (1) The list referred to in section 1(1) is— - Adoptive child - Adoptive parent - Child - Former adoptive child - Former adoptive parent - Grandparent - Grandchild - Parent - Parent’s sibling - Sibling - Sibling’s child (2) In the list “sibling” means a brother, sister, half-brother or half-sister. (2) The list referred to in section 1(2) is as follows— - Child of former civil partner - Child of former spouse - Former civil partner of grandparent - Former civil partner of parent - Former spouse of grandparent - Former spouse of parent - Grandchild of former civil partner - Grandchild of former spouse (3) The list referred to in section 1(4) is as follows— - Parent of former spouse - Parent of former civil partner - Former spouse of child - Former civil partner of child.

Maintenance Orders Act 1950 (c. 37)

18

(1) Amend section 16 (application of Part 2) as follows.

(2) After subsection (2)(a)(viii) insert—

(ix) Part 1, 8 or 9 of Schedule 5 to the Civil Partnership Act 2004, Schedule 6 to that Act or paragraph 5 or 9 of Schedule 7 to that Act;

(3) After subsection (2)(b)(ix) insert—

(x) an order made on an application under Schedule 11 to the Civil Partnership Act 2004;

(4) After subsection (2)(c)(ix) insert—

(x) Part 1, 7 or 8 of Schedule 15 to the Civil Partnership Act 2004, Schedule 16 to that Act or paragraph 5 or 9 of Schedule 17 to that Act;

Births and Deaths Registration Act 1953 (c. 20)

19

In section 41 (interpretation), in the definition of “relative”, after “by marriage” insert “ or civil partnership ”.

Pharmacy Act 1954 (c. 61)

20

In section 17(c) (benevolent fund: distressed relatives eligible for relief), for “widows,” substitute “ surviving spouses, surviving civil partners, ”.

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)

21

In section 1 (records of deaths, births and marriages among armed forces and service civilians and their families overseas), in subsection (1), for “and marriages solemnised,” substitute “ marriages solemnised and civil partnerships formed, ”.

Maintenance Orders Act 1958 (c. 39)

22

(1) Amend section 4 (variation of orders registered in magistrates' courts) as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (6B) (no application may be made for variation under the Act of certain registered orders), after “1984” insert “ or under Schedule 7 to the Civil Partnership Act 2004 ”.

Offices, Shops and Railway Premises Act 1963 (c. 41)

23

In section 2 (exception for premises in which only employer’s relatives or outworkers work), in subsection (1), after “wife” insert “ , civil partner ”.

Industrial and Provident Societies Act 1965 (c. 12)

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

In section 25 (provision for intestacy), in subsection (2), after “widower” insert “ , surviving civil partner ”.

Criminal Appeal Act 1968 (c. 19)

26

In section 44A (appeals in cases of death), in subsection (3)(a), after “widower” insert “ or surviving civil partner ”.

Theft Act 1968 (c. 60)

27

(1) Amend section 30 (husband and wife) as follows.

(2) In subsections (4) and (5), after “wife or husband” in each place except paragraph (a)(ii) to the proviso to subsection (4) insert “ or civil partner ”.

(3) At the end of paragraph (a)(ii) to the proviso insert

or (iii) an order (wherever made) is in force providing for the separation of that person and his or her civil partner.

and omit “or” at the end of paragraph (a)(i) to the proviso.

(4) For the heading to section 30 substitute “ Spouses and civil partners ”.

28

In section 31 (effect on civil proceedings and rights), in subsection (1)—

(a) for “wife or husband” substitute “ spouse or civil partner ”, and

(b) for “married after the making of the statement or admission) against the wife or husband” substitute “ married or became civil partners after the making of the statement or admission) against the spouse or civil partner ”.

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

29

(1) Amend section 2 (restriction of publicity for certain matrimonial etc. proceedings) as follows.

(2) In subsection (1), after paragraph (d) insert—

(da) proceedings under Part 9 of Schedule 5 to the Civil Partnership Act 2004 (provision corresponding to the provision referred to in paragraph (c) above); (db) proceedings under section 58 of the 2004 Act (declarations as to subsistence etc. of civil partnership);

(3) In subsection (3), after “(1)(d)” insert “ or (db) ”.

Civil Evidence Act 1968 (c. 64)

30

In section 14 (privilege against incrimination of self or spouse)—

(a) in subsection (1)(b), for “husband or wife” substitute “ spouse or civil partner ”, and

(b) in the heading, after “spouse” insert “ or civil partner ”.

Gaming Act 1968 (c. 65)

31

In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 35A(8)(a) for “wife or husband” substitute “ spouse or civil partner ”.

Medicines Act 1968 (c. 67)

32

In section 114 (supplementary provisions as to rights of entry and related rights), in subsection (4), for “married) the husband or wife” substitute “ married or a civil partner) the spouse or civil partner ”.

Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

33

In section 2(2)(a) (persons whom employer is not required to insure) after “husband, wife,” insert “ civil partner, ”.

Administration of Justice Act 1970 (c. 31)

34

In Schedule 8 (meaning of “maintenance order” in Part 2 of the Act and in the Maintenance Orders Act 1958), after paragraph 14 insert—

(15) An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.

Attachment of Earnings Act 1971 (c. 32)

35

In Schedule 1 (maintenance orders to which the 1971 Act applies), after paragraph 14 insert—

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Civil Partnership Act 2004

Part 2 — Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/ 2628 (N.I. 23))

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Part 3 — Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)

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