The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014

Made: 20th January 2014

Laid before Parliament: 23rd January 2014

Coming into force: 13th March 2014

The Secretary of State, in exercise of those powers, makes the following Order:

Citation, commencement, interpretation and extent

1

• (1) This Order may be cited as the Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014.

• (2) This Order comes into force on 13th March 2014.

• (3) In this Order “the Act” means the Marriage (Same Sex Couples) Act 2013.

• (4) Subject to paragraph (5), this Order extends to England and Wales only.

• (5) Paragraphs 18(2)(b) and (3)(b) and 19 of Schedule 1 extend also to Scotland.

Amendments to subordinate legislation

2

Schedule 1 (which amends subordinate legislation in consequence of the Act and the Civil Partnership Act 2004) has effect.

Amendments to Welsh subordinate legislation

3

Schedule 2 (which amends Welsh subordinate legislation in consequence of the Act and the Civil Partnership Act 2004) has effect.

SCHEDULE 1 — Consequential Amendments to Subordinate Legislation

London Cab Order 1934

1

In article 20 of the London Cab Order 1934[^f00003] (transfer of cab licences on death, etc.)—

• (a) for “his” in the second place it occurs, substitute “the licensee’s”,

• (b) for “widow” in both places it occurs, substitute “surviving spouse, surviving civil partner”, and

• (c) omit from “In like manner”, in the first place it occurs, to “husband.”.

Marriage (Authorised Persons) Regulations 1952

2

• (1) The Marriage (Authorised Persons) Regulations 1952[^f00004] are amended as follows.

• (2) In regulation 2 (interpretation), in the definition of “authorised person” for “43” substitute “43 or 43B”.

• (3) In the heading to regulation 4 (time and manner of certification of authorised person), for the words “authorised person” substitute “person authorised under section 43(1) of the Act”.

• (4) In regulation 15 (details of name and surname), for “the man” to the end substitute “each of the parties to the marriage.”.

• (5) In regulation 16[^f00005] (details of age), for “of the man in completed years followed by the age of the woman in completed years” substitute “in completed years of each of the parties to the marriage”.

• (6) In regulation 17[^f00006] (details of condition), in the opening words, for “the man followed by the marital condition of the woman” substitute “each of the parties to the marriage”.

• (7) In regulation 18 (details of rank or profession), for “the man” to the end substitute “each of the parties to the marriage.”.

• (8) In regulation 19[^f00007] (details of residence), for “the man” to the end substitute “each of the parties to the marriage at the time of the marriage.”.

• (9) In regulation 20 (details of father’s name and surname), for “the man, followed by the like particulars of the father of the woman” substitute “each of the parties to the marriage”.

• (10) In regulation 21 (details of rank or profession of father), for “the man” to the end substitute “each of the parties to the marriage.”.

Probation (Compensation) Regulations 1965

3

• (1) The Probation (Compensation) Regulations 1965[^f00008] are amended as follows.

• (2) In regulation 24 (compensation payable to dependants etc. on the death of a claimant), for “widow” in each place it occurs, substitute “surviving spouse, surviving civil partner”.

• (3) In regulation 25 (compensation payable to personal representative on the death of a claimant), in paragraph (3), for “widow” substitute “surviving spouse, surviving civil partner”.

• (4) In the heading to regulation 26 (balances payable to deceased claimant’s widow and personal representative), for “widow” substitute “surviving spouse or surviving civil partner”.

Courts (Compensation to Officers) Regulations 1971

4

• (1) The Courts (Compensation to Officers) Regulations 1971[^f00009] are amended as follows.

• (2) In regulation 26 (compensation payable to family of claimant), in the heading and in each place it occurs, for “widow” substitute “surviving spouse, surviving civil partner”.

• (3) In regulation 27 (compensation where death grant would have been payable)—

• (a) in paragraph (1)—

• (i) for “widow” substitute “surviving spouse, surviving civil partner”, and

• (ii) for “she or they” substitute “the surviving spouse or surviving civil partner or the personal representatives or trustees”, and

• (b) in paragraphs (3) and (4), for “widow” in each place it occurs, substitute “surviving spouse, surviving civil partner”.

• (4) In regulation 28 (balance due to claimant’s widow or personal representatives)—

• (a) in the heading, for “widow” substitute “surviving spouse, surviving civil partner”,

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

• (c) for paragraph (2) substitute—

(2) If an annual sum becomes payable to a surviving spouse or a surviving civil partner under either paragraph (2)(a) or paragraph (7)(a) of regulation 26 and on that person’s re-marriage, subsequent entry into a civil partnership or death, the sum ceases to be payable, and any sum payable to a child or other dependant under either of those paragraphs has ceased to be payable, and if the aggregate amount of the payments which were made as aforesaid to the deceased person by way of retirement compensation and to the surviving spouse or surviving civil partner, personal representatives or trustees under regulation 27 is less than a sum equivalent to the amount which would have been payable to the personal representatives under that regulation if no annual sum had been payable under either of the said paragraph 2(a) or paragraph (7)(a), there shall be paid to the surviving spouse or surviving civil partner or that person’s personal representatives, the difference between such aggregate amount and the said equivalent sum.

• (5) In regulation 33 (reduction of compensation in certain cases), in paragraphs (4) and (5), for “his widow” in both places it occurs, substitute “that person’s surviving spouse, surviving civil partner”.

• (6) In regulation 36 (compounding of awards), in paragraph (2), for “widow” substitute “surviving spouse, surviving civil partner”.

Merchant Shipping (Maintenance of Seamen’s Dependants) Regulations 1972

5

In the Merchant Shipping (Maintenance of Seamen’s Dependants) Regulations 1972[^f00010], in regulation 4(a) (expenses in respect of which a retention notice may be served), after “spouse” insert “, civil partner”.

Social Security Benefit (Dependency) Regulations 1977

6

In paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977[^f00011] (interpretation), for the definition of “couple” substitute—

• “couple” means—two people who are married to, or civil partners of, each other and are members of the same household; ortwo people who are not married to, or civil partners of, each other but are living together as a married couple;

Merchant Shipping (Returns of Births and Deaths) Regulations 1979

7

In regulation 11 of the Merchant Shipping (Returns of Births and Deaths) Regulations 1979[^f00012] (rules for ascertaining appropriate Registrar General)—

• (a) in paragraph (2)(a), for the words in brackets substitute “which relates to treatment provided to a woman who at the time of treatment is married to another woman, or in certain circumstances is a party to a void marriage with another woman, or party to a civil partnership or in certain circumstances a void civil partnership”, and

• (b) for paragraph (2)(b) substitute—

(b) section 43 of that Act (which relates to treatment provided to a woman where she agrees a second woman is to be the parent of the child) where the woman— (i) is married to, or the civil partner of, the child’s mother at the time of the child’s birth, or (ii) was married to, or the civil partner of, the child’s mother at any time during the period beginning with the time mentioned in section 43(b) of that Act and ending with the child’s birth.

Registration of Marriages Regulations 1986

8

• (1) The Registration of Marriage Regulations 1986[^f00013] are amended as follows.

• (2) In regulation 5 (statements and particulars for intended marriage of house-bound or detained person) after “section 26(1)(dd)” insert “or section 26B(6)”.

• (3) In regulation 12[^f00014] (entry of attestation), in paragraph (d), after “section 26(1)(dd)” insert “or section 26B(6)”.

• (4) In Schedule 1 (prescribed forms)—

• (a) in forms 1A[^f00015], 1C[^f00016] and 3[^f00017], after “widower/widow” in both places it occurs, insert “/surviving civil partner”,

• (b) in forms 5 and 6—

• (i) after “Name and surname” in the first place it occurs, omit “of man”, and

• (ii) after “Name and surname” in the second place it occurs, omit “of woman”, and

• (c) in form 8[^f00018]—

• (i) after “Name and surname” in the first place it occurs, omit “of man”, and

• (ii) after “Name and surname” in the second place it occurs, omit “of woman”.

Income Support (General) Regulations 1987

9

In regulation 2(1) of the Income Support (General) Regulations 1987[^f00019] (interpretation), for the definition of “couple” substitute—

• “couple” means—two people who are married to, or civil partners of, each other and are members of the same household; ortwo people who are not married to, or civil partners of, each other but are living together as a married couple;

Social Security (Claims and Payments) Regulations 1987

10

In regulation 2(1) of the Social Security (Claims and Payments) Regulations 1987[^f00020] (interpretation), for the definition of “couple” substitute—

• “couple” means—two people who are married to, or civil partners of, each other and are members of the same household; ortwo people who are not married to, or civil partners of, each other but are living together as a married couple;

Registration of Births and Deaths Regulations 1987

11

• (1) The Registration of Births and Deaths Regulations 1987[^f00021] are amended as follows.

• (2) In regulation 9 (entry of particulars on registration), for paragraph (7) substitute—

(7) With respect to space 9(b) (mother’s surname at marriage or civil partnership if different from maiden surname) the surname to be entered shall be— (a) the name in which the mother contracted her marriage with the father; or (b) the name in which she contracted her marriage with, or in which she entered into a civil partnership with, the other parent of the child.

• (3) In regulation 19 (attendance and particulars on re-registration)—

• (a) in paragraph (b)(ii), for “after” to the end substitute “after her marriage to the father, or her marriage to, or civil partnership with, the other parent, and”, and

• (b) in paragraph (b)(iii), omit “(respectively)”.

• (4) In regulation 42 (registration within twelve months from date of death where no report to coroner)—

• (a) in paragraph (3)(b), for “husband” in both places it occurs, substitute “spouse”, and

• (b) in paragraph (3)(ba), for “wife” in both places it occurs, substitute “spouse”.

Judicial Pensions (Preservation of Benefits) Order 1988

12

In article 9 of the Judicial Pensions (Preservation of Benefits) Order 1988[^f00022] (inalienability), for “widow” substitute “surviving spouse, surviving civil partner”.

Judicial Pensions (Requisite Benefits) Order 1988

13

• (1) The Judicial Pensions (Requisite Benefits) Order 1988[^f00023] is amended as follows.

• (2) In article 4 (office-holders to whom Order applies), for “his widow” substitute “that person’s surviving spouse or surviving civil partner”.

• (3) In article 7 (widow’s benefits)—

• (a) in the heading, for “Widow’s” substitute “Surviving spouse’s or surviving civil partner’s”,

• (b) in paragraph (1), for “his widow” substitute “that person’s surviving spouse or surviving civil partner”, and

• (c) in paragraph (2), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

• (4) In article 9 (widow’s guaranteed minimum pension)—

• (a) for the heading, substitute “Guaranteed minimum pension for surviving spouse or surviving civil partner”,

• (b) in paragraph (1)—

• (i) for “his widow” substitute “that person’s surviving spouse or surviving civil partner”, and

• (ii) for “her” substitute “that person’s”, and

• (c) in paragraph (3), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

• (5) Omit article 10 (widower’s or surviving civil partner’s guaranteed pension).

• (6) In article 11(3) (ascertainment of salary for requisite benefits), for “widow’s” substitute “surviving spouse’s or surviving civil partner’s”.

• (7) In article 12 (contribution in event of marriage during retirement)—

• (a) for paragraph (1) substitute—

(1) Where on the date when an office-holder (“O”) ceases to hold office, O is neither married, nor in a civil partnership, O may be required to undertake, in return for payment to O of a lump sum under or by virtue of whichever of the enactments mentioned in paragraph (2) below is applicable to O, that the first time O— (a) marries (and where O has not previously entered into a civil partnership), or (b) enters into a civil partnership (and where O has not previously married), O will pay a contribution in respect of the benefits that may become payable to O’s surviving spouse or surviving civil partner by virtue of articles 7 and 9.

, and

• (b) for paragraph (3) substitute—

(3) The contribution referred to in paragraph (1) above shall be equal to 1 7/8 per cent of O’s final salary multiplied by the number of whole years of relevant service of O’s prior to the Principal Appointed Day which were— (a) completed by O before O attained pensionable age, and (b) not years— (i) during any part of which O was married or in a civil partnership, or (ii) preceding a marriage of O’s contracted, or a civil partnership of O’s entered into, before O ceased to hold office.

• (8) For article 13 (marriage shortly before death), substitute—

(13) Where an office-holder (“O”) marries or enters into a civil partnership after O has ceased to hold office, and not more than six months before O’s death, any pension paid to O’s surviving spouse or surviving civil partner by virtue of this Order shall be limited to the guaranteed minimum pension due to that person.

Child Support (Maintenance Assessments and Special Cases) Regulations 1992

14

In regulation 1(2) of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992[^f00024] (interpretation), for the definition of “couple” substitute—

• “couple” means—two people who are married to, or civil partners of, each other and are members of the same household; ortwo people who are not married to, or civil partners of, each other but are living together as a married couple;

Child Support (Collection and Enforcement) Regulations 1992

15

In regulation 3(9) of the Child Support (Collection and Enforcement) Regulations 1992[^f00025] (methods of payment), for the definition of “couple” substitute—

• “couple” means—two people who are married to, or civil partners of, each other and are members of the same household; ortwo people who are not married to, or civil partners of, each other but are living together as a married couple;

Jobseeker’s Allowance Regulations 1996

16

In regulation 1(3) of the Jobseeker’s Allowance Regulations 1996[^f00026] (interpretation), for the definition of “couple” substitute—

• “couple” means—two people who are married to, or civil partners of, each other and are members of the same household; ortwo people who are not married to, or civil partners of, each other but are living together as a married couple;

Occupational Pension Schemes (Contracting-out) Regulations 1996

17

• (1) The Occupational Pension Schemes (Contracting-out) Regulations 1996[^f00027] are amended as follows.

• (2) In regulation 1 (citation, commencement and interpretation), omit paragraph (1A)[^f00028].

• (3) In regulation 26[^f00029] (reference scheme: circumstances in which widows’, widowers’ or surviving civil partners’ pensions need not be payable)—

• (a) in paragraph (1)(b), after paragraph (ii) insert “or” and for paragraphs (iii) and (iv) substitute—

(iii) lives together as a married couple with another person whom he or she is not married to or in a civil partnership with,

• (b) in paragraph (1)(c), for paragraphs (i) and (ii) substitute “living together as a married couple with another person whom he or she is not married to or in a civil partnership with.”, and

• (c) for paragraph (2) substitute—

(2) The following provisions do not apply where the scheme member died before 5th December 2005— (a) paragraph (1)(b)(i) so far as it relates to a marriage or remarriage involving two people of the same sex, (b) paragraph (1)(b)(ii), and (c) paragraphs (1)(b)(iii) and (1)(c) so far as they relate to the living together of two people of the same sex.

• (4) In regulation 57[^f00030] (circumstances in which widower’s or surviving civil partner’s guaranteed minimum pension is to be payable)—

• (a) in the heading—

• (i) after “Circumstances” insert “for the purposes of section 17(6) of the 1993 Act”, and

• (ii) after “widower’s” insert “, widow’s”,

• (b) in the opening words, after “widower’s” insert “, widow’s”, and