The Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005

• Citation: S.I. 2005/3325
• Sections: 186

Section 1 Citation and commencement

(1) This Order may be cited as the Civil Partnership (Judicial Pensions and Church Pensions, etc.) Order 2005 and, subject to paragraphs (2), (3), (4) and (5), shall come into force on 5th December 2005.

(2) Article 16 shall come into force on the same day as paragraph 3(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 1991 comes into force.

(3) Article 31 shall come into force on the same day as paragraph 1(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 1991 comes into force.

(4) Article 46 shall come into force on the same day as paragraph 2(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 1991 comes into force.

(5) Article 66 shall come into force on the same day as Schedule 13 to the Courts and Legal Services Act 1990 comes into force.

Section 2 Extent

(1) This Order does not extend to the Channel Islands or the Isle of Man.

(2) Part 5 extends to Northern Ireland only.

(3) Subject to paragraphs (1) and (2), any amendment made by this Order has the same extent as the provision to which it relates.

(4) Subject to paragraph (1), paragraph 4 of Schedule 7 extends to the whole of the provinces of Canterbury and York.

Section 3

The Judicial Pensions Act (Northern Ireland) 1951 is amended as follows.

Section 4

In the italic heading before section 6 for “ Widows' and Children’s Pensions ” substitute “ Widows', Surviving Civil Partners' and Children’s Pensions ”.

Section 5

(1) Section 6 (power to grant widows' and children’s pensions) is amended as follows.

(2) For the heading substitute “Power to grant widows', surviving civil partners' and children’s pensions”.

(3) That section becomes subsection (1) of section 6.

(4) In that subsection—

(a) for “and” at the end of paragraph (i) substitute—

(ia) where he leaves a surviving civil partner, a pension to that surviving civil partner (in this Part referred to as a “surviving civil partner’s pension”); and

(b) for paragraph (ii) substitute—

(ii) where he had a wife or a civil partner at any time during his relevant service (whether or not the marriage or civil partnership continued until his death and whether or not a widow’s pension or surviving civil partner’s pension is or can be granted), a pension for the benefit of any relevant children (in this Part referred to as a “children’s pension”).

(5) After that subsection insert—

(2) In subsection (1)(ii), “relevant children” means—

(a) in relation to a marriage, any children of the marriage, and

(b) in relation to a civil partnership, any children of the family,

and in paragraph (b) “children of the family” is to be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995 .

Section 6

(1) Section 6A (widowers' pensions) is amended as follows.

(2) In the heading, after “Widowers'” insert “and surviving civil partners'”.

(3) In subsection (1)—

(a) after “female person” insert “who has, or has had, a husband or civil partner”, and

(b) after “male person” insert “who has, or has had, a wife or civil partner”.

(4) After subsection (2) insert—

(3) The transitional provisions set out in Schedule 4A shall have effect in relation to surviving civil partners' pensions.

Section 7

(1) Section 7 (widows' and widowers' pensions) is amended as follows.

(2) For the heading substitute “Widows', widowers' and surviving civil partners' pensions”.

(3) In subsection (1)—

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

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

(4) In subsection (2)—

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

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

(5) In subsection (3)—

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

(b) for “the remarriage of the widow or widower,” substitute

—

(a) the remarriage of, or formation of a civil partnership by, the widow or widower, or

(b) the formation of a subsequent civil partnership by, or the marriage of, the surviving civil partner,

(6) In subsection (5), for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 8

(1) In section 8 (children’s pension: beneficiaries), subsection (4) is amended as follows.

(2) After “married” insert “or a person who at the time of the death of the deceased was a civil partner”.

(3) After “marries” insert “or a person forms a civil partnership”.

(4) After “she” insert “or he”.

Section 9

(1) Section 10 (children’s pension: rate and mode of payment) is amended as follows.

(2) In subsection (2), for “or widower”, in both places, substitute “, widower or surviving civil partner”.

(3) In subsection (3), for “or widower” substitute “, widower or surviving civil partner”.

(4) In subsection (4)—

(a) for “leaves a widow or widower who remarries,” substitute

—

(a) leaves a widow or widower who remarries or forms a civil partnership, or

(b) leaves a surviving civil partner who forms a subsequent civil partnership or marries,

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

(c) after “wife” insert “or civil partner”, and

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

Section 10

(1) Section 11 (contribution towards cost of widow’s and children’s pension) is amended as follows.

(2) In subsections (1), (2) and (3) after “spouse” insert “or civil partner”.

(3) In subsection (2), after “marriage” insert “or the formation of a civil partnership”.

Section 11

(1) In section 12 (persons serving again after retirement), paragraph (a) is amended as follows.

(2) After “marrying” insert “or forming a civil partnership”.

(3) After “widower” insert “, surviving civil partner”.

Section 12

For section 15 (effect under this Act of certain nullity decrees) substitute—

Effect under this Act of certain nullity decrees

(15) Where a marriage or civil partnership which is voidable, but not void from the beginning, is annulled by any court, the same results shall follow under this Part of this Act as would have followed if the marriage or the civil partnership had not been voidable but had been dissolved at the date of the annulment.

Section 13

In section 16 (Departmental recommendation in certain cases), for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.

Section 14

In section 21 (financial provisions), in subsections (1)(b) and (2)(a) for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.

Section 15

In section 22 (interpretation), in subsection (1), in the definition of “derivative benefit”, for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.

Section 16

In Schedule 2A (transfer of accrued benefits) (to be inserted by the amendments set out in paragraph 3(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 1991 ), in paragraph 6(7), for “his widow, or her widower” substitute “his widow, her widower or his or her surviving civil partner”.

Section 17

After Schedule 4 insert the following Schedule—

SURVIVING CIVIL PARTNERS' PENSIONS: TRANSITIONAL PROVISIONS

General

(1) In this Schedule—

“the relevant date” means 4th December 2005; and

“member” means a person who holds judicial office and to or in respect of whom benefits are payable under this Act on his or her retirement.

Service wholly on or before the relevant date

(2) No surviving civil partner’s pension shall be payable in respect of a member who retires on or before the relevant date.

Service on and after the relevant date

(3)

(1) A member who—

(a) holds judicial office on the relevant date; and

(b) continues to do so after that date,

shall have the annual value of a surviving civil partner’s pension in respect of the member calculated on the assumption that all of the member’s relevant service fell after the relevant date.

(2) Sub-paragraph (1) does not apply if, within six months of the date of the member’s formation of a civil partnership, the member opts for the annual value of the surviving civil partner’s pension to be calculated under sub-paragraph (3).

(3) Where the annual value of a surviving civil partner’s pension falls to be calculated under this sub-paragraph, its value shall be determined by applying the formula—

where—

CPP1 is the annual value of the surviving civil partner’s pension,

CPP2 is the annual value of the surviving civil partner’s pension that would be payable on the assumption mentioned in sub-paragraph (1),

RS1 is the length of the member’s relevant service after the relevant date, and

RS2 is the whole of the member’s relevant service.

(4) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service on or before the relevant date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service on or before that date adds to the amount of the personal pension.

(5) No period of service during which an election under paragraph 7A of Schedule 10 to the Social Security (Northern Ireland) Act 1975 is in force in respect of the member concerned shall be taken into account for the purposes of any calculation under sub-paragraph (3).

(6) An election under sub-paragraph (2) must be made in writing to the administrators.

(7) An election under sub-paragraph (2) is irrevocable.

Section 18

The County Courts Act (Northern Ireland) 1959 is amended as follows.

Section 19

In the italic heading before section 119 for “ Widows' and Children’s Pensions ” substitute “ Widows', Surviving Civil Partners' and Children’s Pensions ”.

Section 20

For the italic heading before section 122 substitute “ Widows', Surviving Civil Partners' and Children’s Pensions ”.

Section 21

(1) Section 122 (power to grant widows' and children’s pensions) is amended as follows.

(2) For the heading substitute “Power to grant widows', surviving civil partners' and children’s pensions”.

(3) That section becomes subsection (1) of section 122.

(4) In that subsection—

(a) for “and” at the end of paragraph (i) substitute—

(ia) where he leaves a surviving civil partner, a pension to that surviving civil partner (in this Part referred to as a “surviving civil partner’s pension”); and

(b) for paragraph (ii) substitute—

(ii) where he had a wife or a civil partner at any time during his service (whether or not the marriage or civil partnership continued until his death and whether or not a widow’s pension or surviving civil partner’s pension is or can be granted), a pension for the benefit of any relevant children (in this Part referred to as a “children’s pension”).

(5) After that subsection insert—

(2) In subsection (1)(ii), “relevant children” means—

(a) in relation to a marriage, any children of the marriage, and

(b) in relation to a civil partnership, any children of the family,

and in paragraph (b) “children of the family” is to be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995 .

Section 22

(1) Section 122A (widowers' pensions) is amended as follows.

(2) In the heading, after “Widowers'” insert “and surviving civil partners'”.

(3) That section becomes subsection (1) of section 122A.

(4) In that subsection—

(a) after “female person” insert “who has, or has had, a husband or civil partner”, and

(b) after “male person” insert “who has, or has had, a wife or civil partner”.

(5) After that subsection insert—

(2) The transitional provisions set out in Schedule 2B shall have effect in relation to surviving civil partners' pensions.

Section 23

(1) Section 123 (widows' and widowers' pensions) is amended as follows.

(2) For the heading substitute “Widows', widowers' and surviving civil partners' pensions”.

(3) In subsection (1)—

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

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

(4) In subsection (2)—

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

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

(5) In subsection (3)—

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

(b) for “the remarriage of the widow or widower,” substitute

—

(a) the remarriage of, or formation of a civil partnership by, the widow or widower, or

(b) the formation of a subsequent civil partnership by, or the marriage of, the surviving civil partner,

(6) In subsection (5), for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 24

(1) In section 124 (children’s pension: beneficiaries), subsection (4) is amended as follows.

(2) After “married” insert “or a person who at the time of the death of the deceased was a civil partner”.

(3) After “marries” insert “or a person forms a civil partnership”.

(4) After “she” insert “or he”.

Section 25

(1) Section 126 (children’s pension: rate and mode of payment) is amended as follows.

(2) In subsection (2), for “or widower”, in both places, substitute “, widower or surviving civil partner”.

(3) In subsection (3), for “or widower” substitute “, widower or surviving civil partner”.

(4) In subsection (4)—

(a) for “leaves a widow or widower who remarries,” substitute

—

(a) leaves a widow or widower who remarries or forms a civil partnership, or

(b) leaves a surviving civil partner who forms a subsequent civil partnership or marries,

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

(c) after “wife” insert “or civil partner”, and

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

Section 26

(1) In section 128 (persons serving again after retirement), paragraph (a) is amended as follows.

(2) After “marrying” insert “or forming a civil partnership”.

(3) After “widower” insert “, surviving civil partner”.

Section 27

For section 131 (effect under this Act of certain nullity decrees) substitute—

Effect under this Act of certain nullity decrees

(131) Where a marriage or civil partnership which is voidable, but not void from the beginning, is annulled by any court, the same results shall follow under sections one hundred and twenty-two to one hundred and thirty-three as would have followed if the marriage or the civil partnership had not been voidable but had been dissolved at the date of the annulment.

Section 28

In section 132 (recommendation of Lord Chancellor in certain cases), for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.

Section 29

In section 132A (appeals), in subsection (3)(b), for “or widower” substitute “, widower or surviving civil partner”.

Section 30

In section 135 (interpretation of Part 13), in subsection (1), in the definition of “derivative benefit”, for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.

Section 31

In Schedule 2A (transfer of accrued benefits) (to be inserted by the amendments set out in paragraph 1(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 1991 ), in paragraph 6(7), for “his widow, or her widower” substitute “his widow, her widower or his or her surviving civil partner”.

Section 32

After that Schedule insert the following Schedule—

SURVIVING CIVIL PARTNERS' PENSIONS: TRANSITIONAL PROVISIONS

General

(1) In this Schedule—

“the relevant date” means 4th December 2005; and

“member” means a person who holds judicial office and to or in respect of whom benefits are payable under this Act on his or her retirement.

Service wholly on or before the relevant date

(2) No surviving civil partner’s pension shall be payable in respect of a member who retires on or before the relevant date.

Service on and after the relevant date

(3)

(1) A member who—

(a) holds judicial office on the relevant date; and

(b) continues to do so after that date,

shall have the annual value of a surviving civil partner’s pension in respect of the member calculated on the assumption that all of the member’s relevant service fell after the relevant date.

(2) Sub-paragraph (1) does not apply if, within six months of the date of the member’s formation of a civil partnership, the member opts for the annual value of the surviving civil partner’s pension to be calculated under sub-paragraph (3).

(3) Where the annual value of a surviving civil partner’s pension falls to be calculated under this sub-paragraph, its value shall be determined by applying the formula—

where—

CPP1 is the annual value of the surviving civil partner’s pension,

CPP2 is the annual value of the surviving civil partner’s pension that would be payable on the assumption mentioned in sub-paragraph (1),

RS1 is the length of the member’s relevant service after the relevant date, and

RS2 is the whole of the member’s relevant service.

(4) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service on or before the relevant date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service on or before that date adds to the amount of the personal pension.

(5) An election under sub-paragraph (2) must be made in writing to the administrators.

(6) An election under sub-paragraph (2) is irrevocable.

Section 33

The Resident Magistrates' Pensions Act (Northern Ireland) 1960 is amended as follows.

Section 34

For the italic heading before section 4 substitute “ Widows', surviving civil partners' and children’s pensions ”.

Section 35

(1) Section 4 (power to grant widows' and children’s pensions) is amended as follows.

(2) For the heading substitute “Power to grant widows', surviving civil partners' and children’s pensions”.

(3) That section becomes subsection (1) of section 4.

(4) In that subsection—

(a) for “and” at the end of paragraph (i) substitute—

(ia) where he leaves a surviving civil partner, a pension to that surviving civil partner (in this Act referred to as a “surviving civil partner’s pension”); and

(b) for paragraph (ii) substitute—

(ii) where he had a wife or a civil partner at any time during his service as a resident magistrate, or, where he was a person to whom paragraph ( b ) of subsection (2) of section two applied, during his service as a resident magistrate or his service in whole-time employment to which the Superannuation Acts apply (whether or not the marriage or civil partnership continued until his death and whether or not a widow’s pension or surviving civil partner’s pension is or can be granted), a pension for the benefit of any relevant children (in this Act referred to as a “children’s pension”).

(5) After that subsection insert—

(2) In subsection (1)(ii), “relevant children” means—

(a) in relation to a marriage, any children of the marriage, and

(b) in relation to a civil partnership, any children of the family,

and in paragraph (b) “children of the family” is to be construed in accordance with Article 2(2) of the Children (Northern Ireland) Order 1995 .

Section 36

In section 4A (as inserted by paragraph (3) of Schedule 3 to the Personal Pension Option (No.1) Regulations (Northern Ireland) 1989 ), after “widow's” insert “, surviving civil partner's”.

Section 37

(1) Section 4A (widowers' pensions) (as inserted by Article 3(3) of the Judicial Pensions (Northern Ireland) Order 1991 ) is amended as follows.

(2) In the heading, after “Widowers'” insert “and surviving civil partners'”.

(3) In subsection (1)—

(a) after “female person” insert “who has, or has had, a husband or civil partner”, and

(b) after “male person” insert “who has, or has had, a wife or civil partner”.

(4) In subsection (2) for “Schedule 2” substitute “Part 1 of Schedule 2”.

(5) After that subsection insert—

(3) The transitional provisions set out in Part 2 of Schedule 2 shall have effect in relation to surviving civil partners' pensions.

Section 38

(1) Section 5 (widows' and widowers' pensions) is amended as follows.

(2) For the heading substitute “Widows', widowers' and surviving civil partners' pensions”.

(3) In subsection (1)—

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

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

(4) In subsection (2)—

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

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

(5) In subsection (3)—

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

(b) for “the remarriage of the widow or widower,” substitute

—

(a) the remarriage of, or formation of a civil partnership by, the widow or widower, or

(b) the formation of a subsequent civil partnership by, or the marriage of, the surviving civil partner,

(6) In subsection (5), for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 39

(1) In section 6 (children’s pension: beneficiaries), subsection (4) is amended as follows.

(2) After “married” insert “or a person who at the time of the death of the deceased was a civil partner”.

(3) After “marries” insert “or a person forms a civil partnership”.

(4) After “she” insert “or he”.

Section 40

(1) Section 8 (children’s pension: rate and mode of payment) is amended as follows.

(2) In subsection (2), for “or widower”, in both places, substitute “, widower or surviving civil partner”.

(3) In subsection (3), for “or widower” substitute “, widower or surviving civil partner”.

(4) In subsection (4)—

(a) for “leaves a widow or widower who remarries,” substitute

—

(a) leaves a widow or widower who remarries or forms a civil partnership, or

(b) leaves a surviving civil partner who forms a subsequent civil partnership or marries,

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

(c) after “wife” insert “or civil partner”, and

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

Section 41

(1) In section 10 (resident magistrates serving again after retirement), paragraph (a) is amended as follows.

(2) After “marrying” insert “or forming a civil partnership”.

(3) After “widower” insert “, surviving civil partner”.

Section 42

For section 15 (effect of certain nullity decrees) substitute—

Effect of certain nullity decrees

(15) Where a marriage or civil partnership which is voidable, but not void from the beginning, is annulled by any court, the same results shall follow under this Part as would have followed if the marriage or the civil partnership had not been voidable but had been dissolved at the date of the annulment.

Section 43

In section 21A (appeals), in subsection (3)(b), for “or widower” substitute “, widower or surviving civil partner”.

Section 44

In section 22 (interpretation), in the definition of “personal pension”, for “or widower” substitute “, widower or surviving civil partner”.

Section 45

(1) Schedule 2 (widowers' pensions: transitional provisions) is amended as follows.

(2) That Schedule becomes Part 1 of Schedule 2.

(3) In paragraph 1 of Part 1 of Schedule 2, for “In this Schedule” substitute “In this Part of this Schedule”.

(4) After paragraph 4 insert—

SURVIVING CIVIL PARTNERS' PENSIONS: TRANSITIONAL PROVISIONS

General

(5) In this Part of this Schedule—

“the relevant date” means 4th December 2005; and

“member” means a person who holds judicial office and to or in respect of whom benefits are payable under this Act on his or her retirement.

Service wholly on or before the relevant date

(6) No surviving civil partner’s pension shall be payable in respect of a member who retires on or before the relevant date.

Service on and after the relevant date

(7)

(1) A member who—

(a) holds judicial office on the relevant date; and

(b) continues to do so after that date,

shall have the annual value of a surviving civil partner’s pension in respect of the member calculated on the assumption that all of the member’s relevant service fell after the relevant date.

(2) Sub-paragraph (1) does not apply if, within six months of the date of the member’s formation of a civil partnership, the member opts for the annual value of the surviving civil partner’s pension to be calculated under sub-paragraph (3).

(3) Where the annual value of a surviving civil partner’s pension falls to be calculated under this sub-paragraph, its value shall be determined by applying the formula—

where—

CPP1 is the annual value of the surviving civil partner’s pension,

CPP2 is the annual value of the surviving civil partner’s pension that would be payable on the assumption mentioned in sub-paragraph (1),

RS1 is the length of the member’s relevant service after the relevant date, and

RS2 is the whole of the member’s relevant service.

(4) For the purposes of this paragraph there shall be left out of account so much (if any) of the relevant service on or before the relevant date as does not add to the amount of the personal pension and accordingly this paragraph shall not apply if none of the relevant service on or before that date adds to the amount of the personal pension.

(5) An election under sub-paragraph (2) must be made in writing to the administrators.

(6) An election under sub-paragraph (2) is irrevocable.

Section 46

In Schedule 3 (transfer of accrued benefits) (to be inserted by the amendments set out in paragraph 2(2) of Schedule 2 to the Judicial Pensions (Northern Ireland) Order 1991 ), in paragraph 6(7), for “his widow, or her widower” substitute “his widow, her widower or his or her surviving civil partner”.

Section 47

The Administration of Justice Act 1973 is amended as follows.

Section 48

(1) Section 10 (judicial pensions (increase of widow’s and children’s pensions)), as applied by subsection (8) of that section, is amended as follows.

(2) In subsection (1), for “widow’s or widower's”, in both places, substitute “widow's, widower’s or surviving civil partner's”.

(3) In subsection (2)—

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

(b) in paragraph (b)—

(i) for “a widow or widower remarrying” substitute “effect of survivor’s marriage or formation of a civil partnership”, and

(ii) in sub-paragraph (i), after “spouse” insert “or civil partner”.

(4) In subsection (3), for “widow’s or widower's” substitute “widow's, widower’s or surviving civil partner's”.

(5) In subsection (4), paragraph (c) for “widow’s widower's” substitute “widow's, widower’s or surviving civil partner's”.

(6) In subsection (5), for “widow’s widower's” substitute “widow's, widower’s or surviving civil partner's”.

Section 49

The Judicial Pensions Act 1981 is amended as follows.

Section 50

In section 14A(2) (which relates to election out of the judicial pension schemes), in the definition of “judicial pension schemes”, for “widows and children” substitute “widows, surviving civil partners and children”.