The Civil Partnership (Opposite-sex Couples) Regulations 2019

(7) For the purposes of subsection (2), two people living together as if they were a married couple or civil partners are treated as if they were married to, or civil partners of, each other.

• (4) In section 554Z1¹³⁰, for subsection (2) substitute—

(2) In applying section 993 of ITA 2007 for the purposes of subsection (1), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.

• (5) In section 681G¹³¹—

• (a) in subsection (1), for “any of conditions A to D” substitute “either condition A or condition B”;

• (b) in subsection (2), for “a man and a woman who are married to” substitute “married to, or civil partners of,”;

• (c) in subsection (3), for the words from “a man and a woman” to the end substitute “not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners”;

• (d) omit subsections (4) and (5).

Housing Act 2004

26

• (1) The Housing Act 2004¹³² is amended as follows.

• (2) In section 141(1)(b), for “husband or wife” substitute “a married couple or civil partners”.

• (3) In section 142(1)(b), for “husband or wife” substitute “a married couple or civil partners”.

• (4) In section 258−

• (a) in subsection (3)(a), for the words from “each other” to the end substitute “, or civil partners of, each other or live together as if they were a married couple or civil partners”;

• (b) in subsection (4)(a), omit “are married to each other or otherwise”.

• (5) In section 259(3), in the words after paragraph (b), for “to whom they are or were married” substitute “who are or were their spouses or civil partners”.

Income Tax (Trading and Other Income) Act 2005

27

In section 643H of the Income Tax (Trading and Other Income) Act 2005¹³³, for subsection (2) substitute—

(2) For the purposes of subsection (1), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.

Mental Capacity Act 2005

28

In paragraph 185(b) of Schedule A1 to the Mental Capacity Act 2005¹³⁴, after “married couple” insert “or civil partners”.

Income Tax Act 2007

29

• (1) The Income Tax Act 2007¹³⁵ is amended as follows.

• (2) In section 733A¹³⁶, for subsection (8) substitute—

(8) For the purposes of subsection (7), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.

• (3) In section 809ZQ(2)¹³⁷, in the inserted subsection (9), for paragraphs (a) and (b) substitute—

(a) two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other, and

• (4) In section 809M(3)¹³⁸, for paragraphs (a) and (b) substitute—

(a) two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other,

Welfare Reform Act 2007

30

In paragraph 6(5) of Schedule 1 to the Welfare Reform Act 2007¹³⁹, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Corporation Tax Act 2010

31

• (1) The Corporation Tax Act 2010¹⁴⁰ is amended as follows.

• (2) In section 939H(2), in the inserted subsection (10), for paragraphs (a) and (b) substitute—

(a) two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other, and

Equality Act 2010

32

• (1) The Equality Act 2010¹⁴¹ is amended as follows.

• (2) In section 23¹⁴²—

• (a) in subsection (3), omit “to a person of the opposite sex”;

• (b) in subsection (4), after “married to”, in both places it occurs, insert “, or the civil partner of,”.

• (3) In section 67(7)¹⁴³—

• (a) in paragraph (a)—

• (i) after “married to”, in the first place it occurs, insert “, or the civil partner of,”;

• (ii) after “married to”, in the second place it occurs, insert “ or (as the case may be) the civil partner of”;

• (b) for paragraph (b) substitute—

(b) where A is married to, or the civil partner of, someone of the same sex, A is to be compared to B where B is married to or (as the case may be) the civil partner of someone of the same sex as B.

• (4) In Schedule 5, in paragraph 3(6), for the words from “of—” to the end substitute “of two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.”.

Localism Act 2011

33

In section 30(3)(b) of the Localism Act 2011¹⁴⁴—

• (a) in sub-paragraph (i), at the end insert “or”;

• (b) omit sub-paragraph (ii) (including the “or”);

• (c) in sub-paragraph (iii), after “as if they were” insert “a married couple or”.

Charities Act 2011

34

In section 350 of the Charities Act 2011¹⁴⁵, for subsection (2) substitute—

(2) For the purposes of sections 118(2)(e), 188(1)(b), 200(1)(b) and 249(2)(b), where two people are not married to, or civil partners of, each other but live together as if they were a married couple or civil partners, each of them is to be treated as the spouse or civil partner of the other.

Welfare Reform Act 2012

35

In section 39 of the Welfare Reform Act 2012¹⁴⁶—

• (a) in subsection (1)(b), for “as a married couple” substitute “as if they were a married couple or civil partners”;

• (b) in subsection (3)(b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Finance Act 2013

36

• (1) Schedule 45 to the Finance Act 2013¹⁴⁷ is amended as follows.

• (2) In paragraph 32(2)(b), for the words from “as husband and wife” to “as if they were” substitute “as if they were a married couple or”.

• (3) In paragraph 52(4)—

• (a) in paragraph (a), at the end insert “or”;

• (b) in paragraph (b), for “as husband and wife” substitute “as if they were a married couple or civil partners”;

• (c) omit paragraph (c) (and the preceding “or”).

PART 2 — Secondary legislation

Social Security (Credits) Regulations 1975

37

• (1) The Social Security (Credits) Regulations 1975¹⁴⁸ are amended as follows.

• (2) In regulation 8C(2), for “as a married couple” substitute “as if they were a married couple or civil partners”.

• (3) In paragraph 3 of the Schedule, for “as a married couple” substitute “as if they were a married couple or civil partners”.

Social Security Benefit (Dependency) Regulations 1977

38

In paragraph 2C of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977¹⁴⁹, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Vaccine Damage Payments Regulations 1979

39

In regulation 5(2)(b)(ii) of the Vaccine Damage Payments Regulations 1979¹⁵⁰, for “as husband and wife or as if they were” substitute “as if they were a married couple or”.

Income Support (General) Regulations 1987

40

In regulation 2(1) of the Income Support (General) Regulations 1987¹⁵¹, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Social Security (Claims and Payments) Regulations 1987

41

In regulation 2(1) of the Social Security (Claims and Payments) Regulations 1987¹⁵², in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Council Tax (Additional Provisions for Discount Disregards) Regulations 1992

42

In the Schedule to the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992¹⁵³, in paragraph 4(1), for paragraphs (a) and (aa) substitute—

(a) he is the spouse or civil partner of the other or they live together as if they were a married couple or civil partners; or

Council Tax (Exempt Dwellings) Order 1992

43

In article 2(5) of the Council Tax (Exempt Dwellings) Order 1992¹⁵⁴, for paragraph (ii) substitute—

(ii) a relationship between two persons living together as if they were a married couple or civil partners shall be treated as a relationship by marriage or civil partnership;

Child Support (Collection and Enforcement) Regulations 1992

44

In regulation 3(9) of the Child Support (Collection and Enforcement) Regulations 1992¹⁵⁵, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Social Security (Incapacity for Work) (General) Regulations 1995

45

In regulation 2(1) of the Social Security (Incapacity for Work) (General) Regulations 1995¹⁵⁶, 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; or two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;

Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995

46

• (1) Regulation 4(1) of the Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995¹⁵⁷ is amended as follows.

• (2) In sub-paragraph (a), for paragraph (i) substitute—

(i) they live together as spouses or civil partners (whether or not they are married to, or civil partners of, each other), and

• (3) In sub-paragraphs (b) to (e), after “spouse”, in each place it occurs, insert “or civil partner”.

Jobseeker’s Allowance Regulations 1996

47

In regulation 1(3) of the Jobseeker’s Allowance Regulations 1996¹⁵⁸, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Occupational Pension Schemes (Contracting-out) Regulations 1996

48

In regulation 26(1) of the Occupational Pension Schemes (Contracting-out) Regulations 1996¹⁵⁹—

• (a) in sub-paragraph (b)(iii), for the words from “as a married couple” to the end substitute “with another person as if they were a married couple or civil partners”;

• (b) in sub-paragraph (c), for the words from “as a married couple” to the end substitute “with another person, whom he or she is not married to or in a civil partnership with, as if they were a married couple or civil partners”.

Social Security Benefit (Computation of Earnings) Regulations 1996

49

In regulation 2(1) of the Social Security Benefit (Computation of Earnings) Regulations 1996¹⁶⁰, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Housing Renewal Grants Regulations 1996

50

In regulation 2(1) of the Housing Renewal Grants Regulations 1996¹⁶¹, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Social Security (Child Maintenance Bonus) Regulations 1996

51

In regulation 1(2) of the Social Security (Child Maintenance Bonus) Regulations 1996¹⁶², in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Occupational Pension Schemes (Discharge of Liability) Regulations 1997

52

In regulation 11(4)(b)(iii) of the Occupational Pension Schemes (Discharge of Liability) Regulations 1997¹⁶³, for the words from “as a married couple” to the end substitute “with another person, whom he or she is not married to or in a civil partnership with, as if they were a married couple or civil partners; or”.

Council Tax (Prescribed Classes of Dwellings) (Wales) Regulations 1998

53

In paragraph 3 of the Schedule to the Council Tax (Prescribed Classes of Dwellings) (Wales) Regulations 1998¹⁶⁴, for the words from “references to the spouse” to the end substitute “references to the spouse or civil partner of a person are to be taken to include references to a person who is living with the other as if they were a married couple or civil partners”.

Social Security and Child Support (Decisions and Appeals) Regulations 1999

54

In regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999¹⁶⁵, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

General Chiropractic Council (Registration) Rules 1999

55

In rule 2(3) of the General Chiropractic Council (Registration) Rules 1999¹⁶⁶, for the words after paragraph (b) substitute ““spouse or civil partner” for this purpose includes a former spouse or civil partner and a partner other than a spouse or civil partner”.

Asylum Support Regulations 2000

56

• (1) The Asylum Support Regulations 2000¹⁶⁷ are amended as follows.

• (2) In regulation 2—

• (a) in paragraph (1)—

• (i) omit the definitions of “civil partnership couple”, “married couple”, “same-sex couple” and “unmarried couple”;

• (ii) after the definition of “asylum support” insert—

• “cohabiting couple” means two people who, though not married to, or civil partners of, each other, are living together as if they were a married couple or civil partners;

• (b) in paragraph (4)—

• (i) in sub-paragraph (f), for “unmarried couple” substitute “cohabiting couple”;

• (ii) omit sub-paragraph (fa).

• (3) In regulation 15(2)—

• (a) in sub-paragraph (g), after “married to” insert “, or the civil partner of,”;

• (b) omit sub-paragraph (ga);

• (c) in sub-paragraph (i)—

• (i) after “spouse” insert “or civil partner”;

• (ii) after “married to” insert “, or the civil partner of,”;

• (d) omit sub-paragraph (ia).

Social Security Contributions (Intermediaries) Regulations 2000

57

In regulation 2 of the Social Security Contributions (Intermediaries) Regulations 2000¹⁶⁸, for paragraphs (5) and (6) substitute—

(5) For the purposes of these Regulations, two people living together as if they were a married couple or civil partners are treated as if they were married to, or civil partners of, each other.

Social Fund Winter Fuel Payment Regulations 2000

58

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

Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

59

In regulation 1(2) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001¹⁶⁹, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Registration of Social Care and Independent Health Care (Wales) Regulations 2002

60

In regulation 2(1) of the Registration of Social Care and Independent Health Care (Wales) Regulations 2002¹⁷⁰, in the definition of “relative”, in the words after paragraph (c), for the words from “references to “spouse”” to the end substitute “and references to “spouse or civil partner” in relation to any person include a former spouse or civil partner and a person who is living with the person as if they were a married couple or civil partners”.

State Pension Credit Regulations 2002

61

In regulation 1(2) of the State Pension Credit Regulations 2002¹⁷¹, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002

62

In regulation 2(3) of the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002¹⁷², for the definition of “couple” substitute—

• “couple” means two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.

Tax Credits (Appeals) (No 2) Regulations 2002

63

In regulation 1(3) of the Tax Credits (Appeals) (No 2) Regulations 2002¹⁷³, 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; or two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;

Child Benefit and Guardian’s Allowance (Administration) Regulations 2003

64

• (1) The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003¹⁷⁴ are amended as follows.

• (2) In regulation 2—

• (a) in the definition of “civil partnership”, omit “of the same sex”;

• (b) for the definition of “cohabiting same-sex couple” substitute—

• “cohabiting couple” means two people who are not a married couple or in a civil partnership but are living together as if they were married or civil partners;

• (c) in the definition of “partner”, for “an unmarried couple” to the end substitute “a civil partnership or a cohabiting couple”;

• (d) omit the definition of “unmarried couple”.

• (3) In regulation 34—

• (a) in paragraph (1), for “member of a married couple or an unmarried couple” substitute “person with a partner”;

• (b) in paragraph (2)—

• (i) for “wife” substitute “woman”;

• (ii) after “husband” insert “or male civil partner”.

Guardian’s Allowance (General) Regulations 2003

65

In regulation 5(a) of the Guardian’s Allowance (General) Regulations 2003¹⁷⁵, for “unmarried at the date of the birth” substitute “not married to, or civil partners of, each other at the date of the birth”.

Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003

66

In regulation 2(1) of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003¹⁷⁶, 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; or two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;

Service Charges (Consultation Requirements) (England) Regulations 2003

67

In regulation 2(1) of the Service Charges (Consultation Requirements) (England) Regulations 2003¹⁷⁷, for the definition of “cohabitee” substitute—

• “cohabitee”, in relation to a person, means a person who is living with that person as if they were a married couple or civil partners;

Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003

68

In paragraph 3 of the Schedule to the Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003¹⁷⁸, for the words from “references to the spouse” to the end substitute “references to the spouse or civil partner of a person are to be taken to include references to a person who is living with the other as if they were a married couple or civil partners”.

Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004

69

• (1) In regulation 8(4)(b)(ii) of the Leasehold Valuation Tribunals (Fees) (Wales) Regulations 2004¹⁷⁹, after “married couple” insert “or civil partners”.

• (2) In the Welsh language text of those Regulations, in regulation 8(4)(b)(ii), after “gwpl priod” insert “neu bartneriaid sifil”.

Service Charges (Consultation Requirements) (Wales) Regulations 2004

70

• (1) In regulation 2(1) of the Service Charges (Consultation Requirements) (Wales) Regulations 2004¹⁸⁰, in the definition of “cohabitee”, at the end insert “or civil partners”.

• (2) In the Welsh language text of those Regulations, in regulation 2(1), in the definition of “un sy’n cyd-fyw”, at the end insert “neu bartneriaid sifil”.

Adoption Agencies Regulations 2005

71

In Schedule 1 to the Adoption Agencies Regulations 2005¹⁸¹, in Part 3—

• (a) for paragraph 15 substitute—

(15) Whether the child’s parents were married to, or civil partners of, each other at the time of the child’s birth (or have subsequently married or formed a civil partnership) and if so, the date and place of marriage or civil partnership. (15A) Whether— (a) if the child’s parents have been married as mentioned in paragraph 15, they are divorced or separated; or (b) if the child’s parents have been civil partners as so mentioned, the partnership has been dissolved or they are separated.

• (b) in paragraph 16, after “married” insert “or civil partners”.

Pension Protection Fund (Compensation) Regulations 2005

72

In regulation 1(2) of the Pension Protection Fund (Compensation) Regulations 2005¹⁸², in the definition of “relevant partner”, at the end insert “or civil partners”.

Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005

73

In regulation 2 of the Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005¹⁸³, in the definition of “relative”, for “or marriage” substitute “, marriage, civil partnership,”.

Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005

74

In regulation 5A(4)(b)(i) of the Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005¹⁸⁴, after “spouse,” insert “civil partner,”.

Special Guardianship Regulations 2005

75

In the Schedule to the Special Guardianship Regulations 2005¹⁸⁵, in paragraph 2—

• (a) in sub-paragraph (e)—

• (i) after “married to” insert “, or civil partners of,”;

• (ii) after “subsequently married” insert “or formed a civil partnership”;

• (iii) omit “and whether they are divorced or separated”;

• (b) after sub-paragraph (e) insert—

(ea) whether— (i) if the child’s parents have been married as mentioned in sub-paragraph (e), they are divorced or separated; or (ii) if the child’s parents have been civil partners as so mentioned, the partnership has been dissolved or they are separated;

• (c) in sub-paragraph (g), after “married” insert “or civil partners”.

Adoption Agencies (Wales) Regulations 2005

76

• (1) In Schedule 1 to the Adoption Agencies (Wales) Regulations 2005¹⁸⁶, in Part 3, for paragraph 15 substitute—

(15) Whether the child’s parents were married to, or civil partners of, each other at the time of the child’s birth (or have subsequently married or formed a civil partnership) and if so, the date and place of marriage or civil partnership. (15A) Whether— (a) if the child’s parents have been married as mentioned in paragraph 15, they are divorced or separated; or (b) if the child’s parents have been civil partners as so mentioned, the partnership has been dissolved or they are separated.

• (2) In the Welsh language text of those Regulations, in Schedule 1, in Part 3, for paragraph 15 substitute—

(15) A oedd rhieni’r plentyn yn briod â’i gilydd, neu’n bartneriaid sifil i’w gilydd, adeg geni’r plentyn (neu a ydynt wedi priodi neu wedi ffurfio partneriaeth sifil ar ôl hynny) ac os felly, dyddiad a man y briodas neu’r bartneriaeth sifil. (15A) A yw — (a) rhieni’r plentyn wedi ysgaru neu wedi gwahanu, os ydynt wedi bod yn briod fel y crybwyllwyd ym mharagraff 15; neu (b) os yw rhieni’r plentyn wedi bod yn bartneriaid sifil fel y crybwyllwyd, a yw’r bartneriaeth wedi ei diddymu neu a ydynt wedi gwahanu.

Special Guardianship (Wales) Regulations 2005

77

• (1) In the Schedule to the Special Guardianship (Wales) Regulations 2005¹⁸⁷, in paragraph 3—

• (a) in sub-paragraph (ba)—

• (i) after “married to” insert “, or civil partners of,”;

• (ii) after “subsequently married” insert “or formed a civil partnership”;

• (iii) omit “and whether they have divorced or separated”;

• (b) after sub-paragraph (ba) insert—

(bb) whether— (i) if the child’s parents have been married as mentioned in sub-paragraph (ba), they are divorced or separated; or (ii) if the child’s parents have been civil partners as so mentioned, the partnership has been dissolved or they are separated;

• (c) in sub-paragraph (d), after “married” insert “or civil partners”.

• (2) In the Welsh language text of those Regulations, in the Schedule, in paragraph 3—

• (a) in sub-paragraph (ba)—

• (i) after “â’i gilydd” insert “, neu’n bartneriaid sifil i’w gilydd,”;

• (ii) after “briodasant” insert “neu a ffurfiasant bartneriaeth sifil”;

• (iii) omit “ac a ydynt wedi ysgaru neu wedi gwahanu”;

• (b) after sub-paragraph (ba) insert—

(bb) a yw— (i) rhieni’r plentyn wedi ysgaru neu wedi gwahanu, os ydynt wedi bod yn briod fel y crybwyllwyd yn is-baragraff (ba); neu (ii) os yw rhieni’r plentyn wedi bod yn bartneriaid sifil fel y crybwyllwyd, a yw’r bartneriaeth wedi ei diddymu neu a ydynt wedi gwahanu;

• (c) in sub-paragraph (ch), after “briod” insert “nac yn bartneriaid sifil”.

Financial Assistance Scheme Regulations 2005

78

In regulation 2(1) of the Financial Assistance Scheme Regulations 2005¹⁸⁸, in the definition of “partner”, at the end insert “or civil partners”.

Access to Information (Post-Commencement Adoptions) (Wales) Regulations 2005

79

• (1) In regulation 2 of the Access to Information (Post-Commencement Adoptions) (Wales) Regulations 2005¹⁸⁹, in the definition of “birth relative”, for “or marriage” substitute “, marriage, civil partnership,”.

• (2) In the Welsh language text of those Regulations, in regulation 2, in the definition of “perthynas geni”, for “neu drwy briodas” substitute “, priodas, partneriaeth sifil, neu yn rhinwedd adrannau 27 i 29 o Ddeddf Ffrwythloni ac Embryoleg Ddynol 1990 neu adrannau 33 i 47 o Ddeddf Ffrwythloni ac Embryoleg Ddynol 2008”.

Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Wales) Regulations 2005

80

• (1) In regulation 5A(4)(b)(i) of the Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Wales) Regulations 2005¹⁹⁰, after “spouse,” insert “civil partner,”.

• (2) In the Welsh language text of those Regulations, in regulation 5A(4)(b)(i), after “briod,” insert “partner sifil,”.

Social Fund Maternity and Funeral Expenses (General) Regulations 2005

81

In regulation 3(1) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005¹⁹¹, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Housing Benefit Regulations 2006

82

In regulation 2(1) of the Housing Benefit Regulations 2006¹⁹², in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

83

In regulation 2(1) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006¹⁹³, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Child Benefit (General) Regulations 2006

84

• (1) The Child Benefit (General) Regulations 2006¹⁹⁴ are amended as follows.

• (2) In regulation 1—

• (a) in paragraph (3)—

• (i) in the definition of “civil partnership”, omit “of the same sex”;

• (ii) omit the definition of “cohabiting same-sex couple”;

• (iii) in the definition of “couple”, for paragraphs (a) and (b) substitute—

(a) who are spouses residing together, or civil partners in a civil partnership; or (b) who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;

• (b) omit paragraph (4).

• (3) In regulation 12(1), for paragraphs (a) and (b) substitute “as if they were a married couple or civil partners,”.

Selective Licensing of Houses (Specified Exemptions) (England) Order 2006

85

In article 2(2)(b) of the Selective Licensing of Houses (Specified Exemptions) (England) Order 2006¹⁹⁵, for the words from “each other” to the end substitute “, or civil partners of, each other or live together as if they were a married couple or civil partners”.

Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006

86

In regulation 1(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006¹⁹⁶, in the definition of “relevant partner”, at the end insert “or civil partners”.

Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006

87

• (1) In article 2(2)(b) of the Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006¹⁹⁷, at the end insert “or civil partners”.

• (2) In the Welsh language text of those Regulations, in article 2(2)(b), at the end insert “neu bartneriaid sifil”.

Integration Loans for Refugees and Others Regulations 2007

88

In regulation 11(1) of the Integration Loans for Refugees and Others Regulations 2007¹⁹⁸, for sub-paragraphs (a) to (d) substitute—

(a) they are married to, or civil partners of, each other and are members of the same household; (b) they are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.

Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 2007

89

In article 3(4) of the Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 2007¹⁹⁹, for the definition of “couple” substitute—

• “couple” means two people who— are married to, or civil partners of, each other and normally live at the same address; or are not married to, or civil partners of, each other but normally live together at the same address as if they were a married couple or civil partners;

Employment and Support Allowance Regulations 2008

90

In regulation 2(1) of the Employment and Support Allowance Regulations 2008²⁰⁰, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Care Standards Act 2000 (Registration) (England) Regulations 2010

91

In regulation 2(1) of the Care Standards Act 2000 (Registration) (England) Regulations 2010²⁰¹, in the definition of “relative”, in the words after paragraph (c), for “as husband and wife or as if they were” substitute “as if they were a married couple or”.

Child Minding and Day Care (Wales) Regulations 2010

92

• (1) In paragraph 21 of Schedule 2 to the Child Minding and Day Care (Wales) Regulations 2010²⁰², in paragraph (d) of the definition of “relative”, for the words from “references to “spouse”” to the end substitute “references to a “spouse or civil partner” in relation to any person include a former spouse or civil partner and a person who is living with the person as if they were a married couple or civil partners”.

• (2) In the Welsh language text of those Regulations, in Schedule 2, in paragraph 21, in paragraph (d) of the definition of “perthynas”, for the words from “cyfeiriadau at “priod”” to the end substitute “cyfeiriadau at “priod neu bartner sifil” mewn perthynas ag unrhyw berson yn cynnwys cyn briod neu bartner sifil a pherson sy’n byw gyda’r person fel pe baent yn bâr priod neu’n bartneriaid sifil”.

Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011

93

In regulation 1(2) of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011²⁰³, in the definition of “relevant partner”, for the words from “of either sex” to the end substitute “who was not married to, or in a civil partnership with, the transferee but who was living with the transferee as if they were a married couple or civil partners”.

Warm Home Discount Regulations 2011

94

In regulation 2(1) of the Warm Home Discount Regulations 2011²⁰⁴, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011

95

In regulation 2(1) of the Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011²⁰⁵, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012

96

In the Schedule to the Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012²⁰⁶, in paragraph 4−

• (a) in paragraph (1), for sub-paragraphs (a) to (d) substitute−

(a) two people who are married to, or civil partners of, each other and who are members of the same household; or (b) two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.

• (b) omit paragraph (2).

Jobseeker’s Allowance Regulations 2013

97

In regulation 3 of the Jobseeker’s Allowance Regulations 2013²⁰⁷, omit paragraph (4).

Employment and Support Allowance Regulations 2013

98

In regulation 2 of the Employment and Support Allowance Regulations 2013²⁰⁸, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

Council Tax (Reductions for Annexes) (England) Regulations 2013

99

In regulation 3(3)(b)(iii) of the Council Tax (Reductions for Annexes) (England) Regulations 2013²⁰⁹, for sub-paragraph (bb) substitute—

(bb) a relationship between two persons living together as if they were a married couple or civil partners shall be treated as a relationship by marriage or civil partnership;

State Pension Regulations 2015

100

In regulation 35(8) of the State Pension Regulations 2015²¹⁰, for “as a married couple” substitute “as if they were a married couple or civil partners”.

Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015

101

In each of the following provisions of the Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015²¹¹, for “as a married couple” substitute “as if they were a married couple or civil partners”—

• (a) regulation 22(4)(b) and (c) and (4A)(b);

• (b) regulation 27A(3)(b)(i).

Council Tax (Exceptions to Higher Amounts) (Wales) Regulations 2015

102

• (1) In regulation 2 of the Council Tax (Exceptions to Higher Amounts) (Wales) Regulations 2015²¹², for the words from “references to the spouse” to the end substitute “references to the spouse or civil partner of a person include references to a person who is living with the other as if they were a married couple or civil partners”.

• (2) In the Welsh language text of those Regulations, in regulation 2, for the words from “mae cyfeiriadau at briod” to the end substitute “mae cyfeiriadau at briod neu bartner sifil person yn cynnwys cyfeiriadau at berson sy’n byw gyda’r llall fel pe baent yn briod neu’n bartneriaid sifil”.

Residential Property Tribunal Procedures and Fees (Wales) Regulations 2016

103

• (1) In regulation 50(5)(b) of the Residential Property Tribunal Procedures and Fees (Wales) Regulations 2016²¹³, at the end insert “or civil partners”.

• (2) In the Welsh language text of those Regulations, in regulations 50(5)(b), at the end insert “neu bartneriaid sifil”.

Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017

104

In article 2(2) of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017²¹⁴—

• (a) in sub-paragraph (b), for “as husband and wife or as if they were” substitute “as if they were a married couple or”;

• (b) in sub-paragraph (g), for “as husband and wife or as if they were” substitute “as if they were a married couple or”.

Electricity and Gas (Energy Company Obligation) Order 2018

105

In paragraph 5 of Schedule 2 to the Electricity and Gas (Energy Company Obligation) Order 2018²¹⁵, in the definition of “couple”, in paragraph (b), for “as a married couple” substitute “as if they were a married couple or civil partners”.

PART 3 — Pension schemes

Personal Injuries (Civilians) Scheme 1983

106

• (1) The Personal Injuries (Civilians) Scheme 1983²¹⁶ is amended as follows.

• (2) In article 2²¹⁷—

• (a) in paragraph (8)—

• (i) in the words before paragraph (a), after “living as a” insert “spouse or”;

• (ii) in paragraph (a), omit “of the same sex”;

• (iii) in paragraph (b), omit “of the same sex”;

• (iv) in the words after paragraph (b), after “lived as a” insert “spouse or”;

• (b) omit paragraph (9).

• (3) In article 30²¹⁸—

• (a) in the heading, for “and dependants who lived as” substitute “or”;

• (b) in paragraph (1), omit “a dependant who lived as a”, in the second place it occurs;

• (c) in paragraph (2)—

• (i) omit “a dependant who lived as a”, in the second place it occurs;

• (ii) omit “the dependant who lived as a”, in the second place it occurs;

• (d) in paragraph (3), omit “the dependant who lived as a”, in the second place it occurs.

• (4) In article 31²¹⁹—

• (a) in the heading, for “, dependants who lived as spouses and dependants who lived as” substitute “and dependants who lived as spouses or”;

• (b) in paragraph (1), for “, dependant who lived as his spouse or dependant who lived as his” substitute “or dependant who lived as his spouse or”;

• (c) in paragraph (4), for “, dependant who lived as the spouse or dependant who lived as the” substitute “or dependant who lived as the spouse or”.

• (5) In article 54(1B)(g)²²⁰, for “, dependants who lived as spouses and dependants who lived as” substitute “and dependants who lived as spouses or”.

• (6) In article 71²²¹—

• (a) in paragraph (1), for “, lives with another person as the spouse of that person or lives with another person as a” substitute “or lives with another person as the spouse or”;

• (b) in paragraph (1A)(a), for “, lived with another person as the spouse of that person or lived with another person as the” substitute “or lived with another person as the spouse or”;

• (c) in paragraph (1B), for “, begins to live with another person as the spouse of that person or begins to live with another person as the” substitute “or begins to live with another person as the spouse or”.

• (7) In article 77(1)(b)(ii)²²², omit “dependant who lived as a”, in the second place it occurs.

• (8) In Schedule 4²²³, in the fourth entry in the table, in the first column, for “and dependants who lived as” substitute “or”.

National Health Service Pension Scheme Regulations 1995

107

• (1) The National Health Service Pension Scheme Regulations 1995²²⁴ are amended as follows.

• (2) In regulation A2²²⁵, in the definition of “marriage”, at the end insert “, and are to be construed in accordance with regulation A4”.

• (3) In regulation A4²²⁶—

• (a) for the heading substitute “Treatment of same sex marriages and opposite sex civil partnerships”;

• (b) after paragraph (5) insert—

(5A) Where a female member is in a civil partnership with a man, for the purposes of these Regulations— (a) the civil partnership is to be treated as a marriage; (b) the man is accordingly to be treated as the husband (or, if the member is deceased, widower) of the member; and (c) any related reference, however expressed, to marriage or civil partnership, or the parties to either, is to be read accordingly.

Armed Forces Pension Scheme Order 2005

108

In rule E.2(3)(b)(ii) of Schedule 1 to the Armed Forces Pension Scheme Order 2005²²⁷, after “civil partnership, or” insert “prior to the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force”.

Reserve Forces Pension Scheme Regulations 2005

109

In rule E.2(3)(b)(ii) of Schedule 1 to the Reserve Forces Pension Scheme Regulations 2005²²⁸, after “civil partnership, or” insert “prior to the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force”.

Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006

110

• (1) The Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006²²⁹ is amended as follows.

• (2) In article 2(2), for “, dependant who lived as a spouse or dependant who lived as a” substitute “or dependant who lived as a spouse or”.

• (3) In article 12(6)(a)²³⁰, in the words before paragraph (i), for “, dependant living as a spouse or dependant living as a” substitute “or dependant living as a spouse or”.

• (4) In article 24—

• (a) in the heading, for “and dependants who lived as” substitute “or”;

• (b) in paragraph (1), omit “a dependant who lived as a”, in the second place it occurs.

• (5) In article 25—

• (a) in the heading, for “, dependants who lived as spouses and dependants who lived as”; substitute “and dependants who lived as spouses or”;

• (b) in paragraph (1), in the words before paragraph (a), omit “a dependant who lived as a”, in the second place it occurs.

• (6) In article 27(1)²³¹, in the words after paragraph (c), omit “dependant who lived as a”.

• (7) In article 33²³²—

• (a) in paragraph (1), for the words from “marries” to the end substitute “marries or forms a civil partnership with another person, or lives with another person as the spouse or civil partner of that person, before the 1st April 2015.”;

• (b) in paragraph (3), for the words from “marries” to the end substitute “marries or forms a civil partnership with another person, or begins to live with another person as the spouse or civil partner of that person, on or after the 6th April 2005.”.

• (8) In article 34(2)²³³—

• (a) in sub-paragraph (l), omit “a dependant who lived as a”, in the second place it occurs;

• (b) in sub-paragraph (m), for “, dependant who lived as a spouse or dependant who lived as a” substitute “or dependant who lived as a spouse or”.

• (9) In article 35(9)(b)²³⁴, omit “a dependant living as a”, in the second place it occurs.

• (10) In article 68(5)(b)(ii)²³⁵, omit “dependant who lived as a”, in the second place it occurs.

• (11) In Part 4 of Schedule 1²³⁶, in the fifth item in the table, in the first column, in paragraph (b)(i), for “, dependant living as a spouse or dependant living as a” substitute “or dependant living as a”.

• (12) In Part 3 of Schedule 2²³⁷, in the first entry in the table, in the first column, omit “dependant who lived as a”, in the second place it occurs.

• (13) In Schedule 6²³⁸—

• (a) omit item 25;

• (b) in item 26, in the second column, after “living as a” insert “spouse or ”;

• (c) also in item 26, in the third column—

• (i) omit “of the same sex”;

• (ii) after “lived as a” insert “spouse or”;

• (d) in item 30, in the third column, for “, dependant living as a”, in the second place it occurs, substitute “or”.

Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010

111

• (1) The Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010²³⁹ is amended as follows.

• (2) In Schedule 1²⁴⁰ (which sets out the Armed Forces Pension Scheme 1975 as it applies to the Navy and the Marines)—

• (a) in rule E.1²⁴¹—

• (i) in paragraph (3)(c), for paragraph (ii) (including the “or”) substitute—

(ii) was a man and leaves a surviving civil partner (of either sex); (iia) was a woman and leaves a surviving civil partner who is a woman; or

• (ii) in paragraph (5), for sub-paragraph (c) substitute—

(c) the member was a woman and— (i) was married to a man whom she leaves a widower; or (ii) leaves a surviving civil partner who is a man.

• (b) in rule E.9(3)²⁴², after “married couple” insert “or civil partners”.

• (3) In Schedule 2 (which sets out the Naval and Marines Attributable Benefits Scheme)—

• (a) in rule C.2²⁴³—

• (i) in paragraph (a), for sub-paragraph (ii) (including the “or”) substitute—

(ii) was a man and leaves a surviving civil partner (of either sex); (iia) was a woman and leaves a surviving civil partner who is a woman; or

• (ii) in paragraph (b), for paragraph (ii) (including the “or”) substitute—

(ii) was a man and leaves a surviving civil partner (of either sex), where the civil partnership was formed after discharge; (iia) was a woman and leaves a surviving civil partner who is a woman, where the civil partnership was formed after discharge; or

• (iii) in paragraph (c), for the words from “married to” to the end (but not the final “or”) substitute—

— (i) married to a man whom she leaves a widower; or (ii) who leaves a surviving civil partner who is a man;

• (b) in rule C.3²⁴⁴—

• (i) in paragraph (a), at the end insert “or”;

• (ii) for paragraphs (b) and (c) (including the final “and”) substitute—

(b) the person and the deceased were living together as if they were a married couple or civil partners and were not— (i) prevented from marrying (or, prior to 13th March 2014 (which is the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force), would not have been prevented from doing so apart from both being of the same sex), or (ii) prevented from forming a civil partnership (or, prior to the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force, would not have been prevented from doing so apart from both being of the opposite sex), and

Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010

112

• (1) The Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010²⁴⁵ is amended as follows.

• (2) In Schedule 1²⁴⁶ (which sets out the Armed Forces Pension Scheme 1975 as it applies to the Army)—

• (a) in rule E.1²⁴⁷—

• (i) in paragraph (3)(c), for paragraph (ii) (including the “or”) substitute—

(ii) was a man and leaves a surviving civil partner (of either sex); (iia) was a woman and leaves a surviving civil partner who is a woman; or

• (ii) in paragraph (5), for sub-paragraph (c) substitute—

(c) the member was a woman and— (i) was married to a man whom she leaves a widower; or (ii) leaves a surviving civil partner who is a man.

• (b) in rule E.9(3)²⁴⁸, after “married couple” insert “or civil partners”.

• (3) In Schedule 2 (which sets out the Army Attributable Benefits Scheme)—

• (a) in rule C.2²⁴⁹—

• (i) in paragraph (a), for sub-paragraph (ii) (including the “or”) substitute—

(ii) was a man and leaves a surviving civil partner (of either sex); (iia) was a woman and leaves a surviving civil partner who is a woman; or

• (ii) in paragraph (b), for paragraph (ii) (including the “or”) substitute—

(ii) was a man and leaves a surviving civil partner (of either sex), where the civil partnership was formed after discharge; (iia) was a woman and leaves a surviving civil partner who is a woman, where the civil partnership was formed after discharge; or

• (iii) in paragraph (c), for the words from “married to” to the end (but not the final “or”) substitute—

— (i) married to a man whom she leaves a widower; or (ii) who leaves a surviving civil partner who is a man;

• (b) in rule C.3²⁵⁰—

• (i) in paragraph (a), at the end insert “or”;

• (ii) for paragraphs (b) and (c) (including the final “and”) substitute—

(b) the person and the deceased were living together as if they were a married couple or civil partners and were not— (i) prevented from marrying (or, prior to 13th March 2014 (which is the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force), would not have been prevented from doing so apart from both being of the same sex), or (ii) prevented from forming a civil partnership (or, prior to the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force, would not have been prevented from doing so apart from both being of the opposite sex), and

Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010

113

• (1) The Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010²⁵¹ is amended as follows.

• (2) In Schedule 1²⁵² (which sets out the Armed Forces Pension Scheme 1975 as it applies to the Air Force)—

• (a) in rule E.1²⁵³—

• (i) in paragraph (3)(c), for paragraph (ii) (including the “or”) substitute—

(ii) was a man and leaves a surviving civil partner (of either sex); (iia) was a woman and leaves a surviving civil partner who is a woman; or

• (ii) in paragraph (5), for sub-paragraph (c) substitute—

(c) the member was a woman and— (i) was married to a man whom she leaves a widower; or (ii) leaves a surviving civil partner who is a man.

• (b) in rule E.9(3)²⁵⁴, after “married couple” insert “or civil partners”.

• (3) In Schedule 2 (which sets out the Air Force Attributable Benefits Scheme)—

• (a) in rule C.2²⁵⁵—

• (i) in paragraph (a), for sub-paragraph (ii) (including the “or”) substitute—

(ii) was a man and leaves a surviving civil partner (of either sex); (iia) was a woman and leaves a surviving civil partner who is a woman; or

• (ii) in paragraph (b), for paragraph (ii) (including the “or”) substitute—

(ii) was a man and leaves a surviving civil partner (of either sex), where the civil partnership was formed after discharge; (iia) was a woman and leaves a surviving civil partner who is a woman, where the civil partnership was formed after discharge; or

• (iii) in paragraph (c), for the words from “married to” to the end (but not the final “or”) substitute—

— (i) married to a man whom she leaves a widower; or (ii) who leaves a surviving civil partner who is a man;

• (b) in rule C.3²⁵⁶—

• (i) in paragraph (a), at the end insert “or”;

• (ii) for paragraphs (b) and (c) (including the final “and”) substitute—

(b) the person and the deceased were living together as if they were a married couple or civil partners and were not— (i) prevented from marrying (or, prior to 13th March 2014 (which is the date on which section 1 of the Marriage (Same Sex Couples) Act 2013 came fully into force), would not have been prevented from doing so apart from both being of the same sex), or (ii) prevented from forming a civil partnership (or, prior the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force, would not have been prevented from doing so apart from both being of the opposite sex), and

Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No 2) Order 2010

114

In article 23(c)(ii) of the Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No 2) Order 2010²⁵⁷, after “civil partnership, or” insert “prior the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force”.

Teachers’ Pensions Regulations 2010

115

• (1) The Teachers’ Pensions Regulations 2010²⁵⁸ are amended as follows.

• (2) In Schedule 5, in paragraph 3²⁵⁹—

• (a) in sub-paragraph (a)(ii), after “a woman with a” insert “female”;

• (b) in sub-paragraph (b), after “male spouse” insert “or a male civil partner”.

• (3) In Schedule 8²⁶⁰—

• (a) in paragraph 1—

• (i) for the heading substitute “Pensions for surviving adults: general”;

• (ii) in sub-paragraph (1), for paragraph (b) substitute—

(b) where D is a man, D’s surviving civil partner (of either sex); (ba) where D and her surviving civil partner are both women, that partner;

• (iii) in sub-paragraph (2)(h), after sub-paragraph (i) insert—

(ia) D was a man in a civil partnership, in a case where D’s surviving adult is a surviving civil partner who is a man; (ib) D was a man or woman in a civil partnership, in a case where D’s surviving adult is a surviving civil partner who is a woman;

• (b) in paragraph 2—

• (i) for the heading substitute “Pensions for widowers other than widowers with pre-1988 rights, and surviving male civil partners, of female members”;

• (ii) in sub-paragraph (1), for “a widower other than a widower with pre-1988 rights.” substitute—

— (a) a widower other than a widower with pre-1988 rights, or (b) a surviving civil partner who is a man.

• (iii) in sub-paragraph (2)(f), for “D was a married woman.” substitute—

— (i) D was a married woman, in a case where D’s surviving adult is a widower other than a widower with pre-1988 rights, or (ii) D was a woman in a civil partnership, in a case where D’s surviving adult is a surviving civil partner who is a man.

• (4) In Schedule 9²⁶¹—

• (a) in paragraph 1—

• (i) in the heading, after “Pensions for” insert “certain”;

• (ii) in sub-paragraph (1)(a), after “(b),” insert “(ba),”;

• (iii) in sub-paragraph (4)(a), for the words from “pensions” to “pre-1988 rights” substitute “pensions for surviving adults: general”;

• (b) in paragraph 2—

• (i) in the heading, after “Pensions for” insert “certain”;

• (ii) in sub-paragraph (1)(a), after “(b),” insert “(ba),”;

• (c) in paragraph 3—

• (i) in the heading, after “widowers”, in the first place it occurs, insert “or surviving male civil partners”;

• (ii) in sub-paragraph (1), for “a widower other than a widower with pre-1988 rights.” substitute—

— (a) a widower other than a widower with pre-1988 rights, or (b) a surviving civil partner who is a man.

• (iii) in sub-paragraph (2)(a), for “of female members other than widowers with pre-1988 rights” substitute “other than widowers with pre-1988 rights, and surviving male civil partners, of female members”.

Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011

116

• (1) The Reserve Forces Non Regular Permanent Staff (Pension and Attributable Benefits Schemes) Regulations 2011²⁶² are amended as follows.

• (2) In Schedule 1, in rule D.3—

• (a) in paragraph (4)(b)²⁶³—

• (i) in paragraph (i), omit “or”;

• (ii) after paragraph (i) insert—

(ia) a man and leaves a surviving civil partner who is a woman

• (iii) in paragraph (ii), at the end insert “; or”;

• (iv) after paragraph (ii) insert—

(iii) a woman in a relevant gender change case who leaves a surviving civil partner who is a woman.

• (b) in paragraph (8)(b)²⁶⁴, for “married to a woman and that marriage” substitute “married to, or in a civil partnership with, a woman and that marriage or civil partnership”.

• (3) Also in Schedule 1, in rule D.8(4)²⁶⁵, for “married” substitute “a married couple or civil partners”.

• (4) In Schedule 2, in rule C.2²⁶⁶—

• (a) in paragraph (4)(c)—

• (i) for the words before paragraph (i) substitute “was married to, or the civil partner of, a woman and that civil partnership— ”;

• (ii) in paragraph (i), after “took place” insert “, or was formed,”;

• (b) in paragraph (4)(d), after “widow” insert “or surviving civil partner”;

• (c) in paragraph (5)(c)—

• (i) in the words before paragraph (i), after “married” insert “, or formed a civil partnership with,”;

• (ii) in paragraph (ii), after “marriage” insert “or civil partnership”;

• (d) in paragraph (5)(d), after “widow” insert “or surviving civil partner”.

Signed

Liz Truss — Secretary of State for International Trade and Minister for Women and Equalities — Department for International Trade — 5th November 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The main purpose of these Regulations is to extend civil partnership to opposite-sex couples under the law of England and Wales.

Part 2 amends the Civil Partnership Act 2004 (“the 2004 Act”) to alter the basic definition of civil partnership, enable opposite-sex couples to form a civil partnership by registering as civil partners in England and Wales, and recognise as civil partnerships similar opposite-sex relationships formed in other countries.

Part 3 amends the 2004 Act, regulations made under that Act and the Equality Act 2010, so that religious organisations and those acting on their behalf do not have to be involved in the formation of civil partnerships if they do not wish to be (whether in relation to all civil partnerships or only same-sex or opposite-sex partnerships).

Part 4 amends various legislation to do with children and parenthood, so that opposite-sex civil partnership generally has the same effect as opposite-sex marriage in the law concerning legitimacy, parental responsibility, assisted reproduction, the registration of births, and the acquisition of nationality by descent. Part 4 also includes an amendment in relation to assisted reproduction under the Marriage (Same Sex Couples) Act 2013, where a provision has been identified that should refer to same-sex marriage as well as civil partnership.

Part 5 amends the Gender Recognition Act 2004 and regulations made under it, so that one party to a civil partnership can obtain a full change of gender without first having to dissolve the partnership if the other partner consents (as a party to a marriage can at present).

Part 6 contains miscellaneous amendments. It limits the existing right to convert a civil partnership into a marriage to same-sex couples; amends legislation about the registration of civil partnerships abroad to clarify when English and Welsh law is applicable and cater for opposite-sex civil partnership when it is; and makes minor amendments to do with the circumstances in which orders granted overseas will be recognised as bringing a civil partnership to an end, to deal with provisions that are currently worded on the assumption that civil partnership is a same-sex relationship.

Schedule 1 sets out a list of opposite-sex relationships under the law of other countries that are to be recognised within the 2004 Act as civil partnerships in England and Wales.

Schedule 2 contains transitional provision in relation to opposite-sex overseas relationships that will be recognised as civil partnerships in England and Wales as a result of these Regulations. This provision reflects similar provision made in relation to same-sex overseas relationships in the Civil Partnership (Treatment of Overseas Relationships) Order 2005 (S.I. 2005/3042), and the Civil Partnership (Treatment of Overseas Relationships No. 2) Order 2005 (S.I. 2005/3284).

Schedule 3 contains consequential and related amendments. Part 1 amends Acts, Part 2 amends secondary legislation, and Part 3 amends certain pension schemes in the public sector and in relation to civilian war injuries. Some of the amendments in Schedule 3 are made under the Marriage (Same Sex Couples) Act 2013, for instance where provisions have been identified that have not yet been amended to reflect the introduction of same-sex marriage, or where it is convenient to align references to same-sex marriage with those to opposite-sex civil partnership. Part 2 also includes an amendment made under the Human Fertilisation and Embryology Act 2008 to correct an earlier amendment where the English language text of regulations was amended but the Welsh language text was inadvertently overlooked.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available here:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/815743/Civil_Partnerships_Impact_Assessment.pdf

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