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

• Citation: S.I. 2014/560
• Sections: 64

Section 1 Citation, commencement and interpretation

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

(2) Subject to paragraph (3), this Order comes into force on 13th March 2014.

(3) The amendment made to the Family Law (Scotland) Act 2006 at paragraph 31 of Schedule 1 comes into force on 3rd June 2014.

(4) In this Order—

“ the Act ” means the Marriage (Same Sex Couples) Act 2013; and

“the 2004 Act ” means the Civil Partnership Act 2004.

Section 2 Consequential amendments to Acts of Parliament

Schedule 1 to this Order (which amends primary legislation in consequence of the Act, the 2004 Act and the Human Fertilisation and Embryology Act 2008) has effect.

Section 3 Contrary provision to section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act

Schedule 2 to this Order (which makes provision to which section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act are subject and which disapplies that section and those paragraphs in specified cases) has effect.

Section 4 Consequential amendments to enactments etc. as a result of contrary provision made by Schedule 2

Schedule 3 to this Order (which makes amendments to enactments etc. in consequence of the provision made by Schedule 2 to this Order) has effect.

Section 5 Scotland

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Section 6 Extent

(1) Subject to paragraphs (2) to (4), this Order extends to England and Wales only.

(2) The amendment to the Family Law (Scotland) Act 2006 at paragraph 31 of Schedule 1, and article 2 so far as it relates to that paragraph, extend to Scotland only.

(3) The following provisions extend also to Scotland—

(a) article 1,

(b) the amendment to the 2004 Act at paragraph 29(1) and (2) of Schedule 1, and article 2 so far as it relates to that paragraph,

(c) article 5, and

(d) this article.

(4) The following provisions extend also to Northern Ireland—

(a) article 1,

(b) the amendment to the 2004 Act at paragraph 29(1) and (2) of Schedule 1, and article 2 so far as it relates to that paragraph, and

(c) this article.

Section 1 Metropolitan Public Carriage Act 1869

In section 6 of the Metropolitan Public Carriage Act 1869 (grant of hackney carriage licences)—

(a) in subsection (9)(a)—

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

(ii) omit “and”, and

(b) omit subsection (9)(b).

Section 2 Pensions Commutation Act 1871

In section 4 of the Pensions Commutation Act 1871 (power to Treasury to commute pensions), for subsection (2) substitute—

(2) Where any officer in the naval or land forces of Her Majesty whose pension has been commuted under this Act subsequently marries or forms a civil partnership, the officer’s surviving spouse or surviving civil partner shall not be entitled to any pension, and a child of any such officer born after the date of the commutation of the pension shall not be entitled to compassionate allowance:

Section 3 Local Government (Emergency Provisions) Act 1916

For section 2 of the Local Government (Emergency Provisions) Act 1916 (payments under superannuation schemes) substitute—

If an officer or servant of a local authority dies whilst serving in or with His Majesty’s forces, or in consequence of wounds or disease received or contracted during such service which prevented that person from returning to the service of the local authority, the local authority shall have, and shall be deemed always to have had, power to make to that person’s surviving spouse, surviving civil partner or other dependants, such payments as could have been made to them under any superannuation scheme (whether established by statute or otherwise) in force in the district had that person been actually serving the local authority at the time of death.

Section 4 Population (Statistics) Act 1938

For paragraph 1(d) of the Schedule to the Population (Statistics) Act 1938 (particulars which may be required to be provided to registration officer) substitute—

(d) where the birth is of a child to whom section 1(3) of that Act applies by reason of any marriage or civil partnership between the child’s parents—

(i) the date of the marriage or formation of the civil partnership, and

(ii) whether before she married, or formed the civil partnership with, the child’s other parent, the mother had been married to, or had formed a civil partnership with, any other person;

Section 5 Marriage Act 1949

(1) The Marriage Act 1949 is amended as follows.

(2) In section 28 (declaration to accompany notice of marriage), in subsection (1)(c), for “or widow” substitute “, widow or surviving civil partner”.

(3) After section 42(3) (cancellation of registration of building) insert—

(3A) In a case where—

(a) the registration of a building is cancelled under this section, and

(b) the building is also registered under section 43A,

the Registrar General must also cancel the registration under section 43A.

(4) In section 49A (which provides marriages of same sex couples may be void in the absence of the required consent), in subsection (2), after paragraph (b) insert—

(ba) section 26A(3) and under any regulations made under section 44C that require the consent to use of a building for the solemnization of marriages of same sex couples, in a case where section 26A and section 44C apply to the marriage;

Section 6 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

In the closing words of section 46(3) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (payments to make up civil remuneration), for “his widow” substitute “that person’s surviving spouse, surviving civil partner”.

Section 7 Births and Deaths Registration Act 1953

In the heading to section 10 of the Births and Deaths Registration Act 1953 (registration of father or of second female parent where parents neither married nor civil partners), before “civil partners” insert “married or”.

Section 8 Registration of Births, Deaths and Marriages (Special Provisions) Act 1957

In section 5(3) of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (registration of births of legitimated persons in the service departments registers), in paragraph (b), for “is” substitute “includes”.

Section 9 Transport Act 1962

In section 65(5) of the Transport Act 1962 (railway savings banks), for the words “is a man” to the end substitute “is a person who dies leaving a surviving spouse or surviving civil partner, that survivor for so long as that survivor does not subsequently marry, enter into a civil partnership or die.”.

Section 10 Harbours Act 1964

In section 18(2) of the Harbours Act 1964 (harbour reorganisation schemes), in paragraph (h), after “spouses” in both places it occurs, insert “, civil partners”.

Section 11 Sharing of Church Buildings Act 1969

(1) Schedule 1 to the Sharing of Church Buildings Act 1969 (modifications of application of Marriage Act 1949 to shared church building to which sharing agreement relates) is amended as follows.

(2) In paragraph 3, after “building” insert “which is registered under section 41 of the Act, and”.

(3) After paragraph 3 insert—

(3A) Subject to the provision made by sections 44A to 44C of the Act and any regulations made under those sections, where a sharing Church withdraws from the sharing of a registered church building which is registered under section 43A of the Act, and which continues to be used by another Church other than the Church of England, the registration shall not be cancelled.

(4) In paragraph 4, after “section 43(1)” insert “or section 43B(1)”.

(5) In paragraph 5—

(a) for the words from “The proviso” to “which prescribes” substitute “Sections 43(1A) and 43B(3) of the Act, both of which prescribe”,

(b) after “paragraph 3” insert “or 3A”, and

(c) for the “said proviso” substitute “section 43(1A) or 43B(3)”.

Section 12 Consumer Credit Act 1974

In section 16C(4) of the Consumer Credit Act 1974 (exemption relating to investment properties), for paragraph (b) substitute—

(b) a person whose relationship with that person has the characteristic of the relationship between two people who are married; or

Section 13 Social Security Pensions Act 1975

In section 59(5ZA) of the Social Security Pensions Act 1975 (increase of official pensions)—

(a) in the opening words, for the words “widow’s, widower’s” substitute “surviving spouse’s”, and

(b) in paragraph (c), for the words “widow’s, widower’s” substitute “surviving spouse’s”.

Section 14 Fatal Accidents Act 1976

In section 1(5) of the Fatal Accidents Act 1976 (right of action for wrongful act causing death), for paragraph (b) substitute—

(b) an illegitimate person shall be treated as—

(i) the legitimate child of his mother and reputed father, or

(ii) in the case of a person who has a female parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, the legitimate child of his mother and that female parent.

Section 15 Legitimacy Act 1976

(1) The Legitimacy Act 1976 is amended as follows.

(2) For section 1(2) (legitimacy of children of certain void marriages) substitute—

(2) This section only applies where—

(a) the father of the child was domiciled in England and Wales at the time of the birth, or if he died before the birth, was so domiciled immediately before his death, or

(b) if a woman is treated as the female parent of a child by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that female parent was domiciled in England and Wales at the time of the birth, or if she died before the birth, was so domiciled immediately before her death.

(3) In section 2 (subsequent legitimation of child), in the heading and in the section, for “parents” in both places it occurs, substitute “mother and father”.

(4) In section 2A (subsequent legitimation of child)—

(a) in the heading after “subsequent” insert “marriage or”,

(b) in paragraph (b) for “not” substitute “neither married nor”,

(c) in paragraph (c) after “subsequently” insert “marry or”,

(d) in paragraph (d) after “date of” insert “the marriage or”, and

(e) in the closing words—

(i) at the beginning insert “the marriage or”, and

(ii) after “date of” insert “the marriage or”.

(5) In section 3 (legitimation by extraneous law)—

(a) in subsection (1) for “parents” substitute “mother and father”, and

(b) in subsection (2)—

(i) in paragraph (b) for “not” substitute “neither married nor”,

(ii) in paragraph (c) after “subsequently” insert “marry or”,

(iii) in paragraph (d)—

(aa) after “time of” insert “the marriage or”, and

(bb) before the second “civil partnership” insert “marriage or”, and

(iv) in the closing words—

(aa) after “date of the” insert “marriage or”, and

(bb) after “subsequent” insert “marriage or”.

Section 16 Rent Act 1977

In paragraph 2(3) of Schedule 1 to the Rent Act 1977 (statutory tenants by succession), for the word “treated” to the end substitute “treated as the tenant’s spouse, or if that person is the same sex as the tenant, and falls within paragraph 2(2)(b) of this Schedule, as the tenant’s civil partner.”.

Section 17 Transport Act 1978

In section 21 of the Transport Act 1978 (travel concessions for transferred employees), for “widows” substitute “surviving spouses, surviving civil partners”.

Section 18 Pneumoconiosis etc. (Workers’ Compensation) Act 1979

In section 3 of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (dependants)—

(a) for subsection (2A) substitute—

(2A) For the purposes of subsection (1)(c) two persons are in a qualifying relationship if they are living together as a married couple.

(b) omit subsection (2B).

Section 19 Family Law Reform Act 1987

In section 1(3) of the Family Law Reform Act 1987 (general principle of construction as to family relationships)—

(a) in paragraph (ba)—

(i) before “a party to” insert “married to a woman or”, and

(ii) after “void” insert “marriage or”,

(b) in paragraph (bb)(i), after “is” insert “married to or”, and

(c) in paragraph (bb)(ii), after “was” insert “married to or”.

Section 20 Housing Act 1988

In section 17(5) of the Housing Act 1988 (succession to assured tenancy), for the word “treated” to the end substitute “treated as the tenant’s spouse, or if that person is the same sex as the tenant, and falls within subsection (4)(b), as the tenant’s civil partner.”.

Section 21 Child Support Act 1991

(1) The Child Support Act 1991 is amended as follows.

(2) In Schedule 1 (maintenance assessments), as that Schedule has effect otherwise than by virtue of section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000 , in Part 1 (calculation of child support maintenance), in paragraph 6 (protected income)—

(a) in sub-paragraph (5)(b) , for sub-paragraphs (i) to (iii) substitute—

(i) is living together in the same household with another adult who is his or her spouse or civil partner, or

(ii) is living together in the same household with another adult as if they were a married couple,

(b) omit sub-paragraph (5A) .

(3) In Schedule 1 (maintenance calculations), as that Schedule has effect by virtue of section 1(3) of, and Schedule 1 to, the Child Support, Pensions and Social Security Act 2000, in Part 1 (calculation of weekly amount of child support maintenance), in paragraph 10C (references to various terms)—

(a) for sub-paragraph (5) substitute—

(5) In sub-paragraph (4)(a), “couple” means—

(a) two people who are married to, or civil partners of, each other and are members of the same household, or

(b) two people who are not married to, or civil partners of, each other but are living together as a married couple.

(b) omit sub-paragraph (6).

Section 22 Social Security Contributions and Benefits Act 1992

(1) The Social Security Contributions and Benefits Act 1992 is amended as follows.

(2) For section 36(2) (bereavement payment) substitute—

(2) A bereavement payment shall not be payable to a person if that person and a person whom that person was not married to, or in a civil partnership with, were living together as a married couple at the time of the spouse’s or civil partner’s death.

(3) In section 37(4) (widowed mother’s allowance), after paragraph (a) insert “or” and for paragraphs (b) and (c) substitute—

(b) for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.

(4) In section 38(3) (widow’s pension), after paragraph (b) insert “or” and for paragraphs (c) and (d) substitute—

(c) for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.

(5) In section 39A(5) (widowed parent’s allowance), after paragraph (a) insert “or” and for paragraphs (b) and (c) substitute—

(b) for any period during which the surviving spouse or civil partner and a person whom she or he is not married to, or in a civil partnership with, are living together as a married couple.

(6) In section 39B(5) (bereavement allowance where no dependent children), after paragraph (a) insert “or” and for paragraphs (b) and (c) substitute—

(b) for any period during which the surviving spouse or civil partner and a person whom she or he is not married to, or in a civil partnership with, are living together as a married couple.

(7) In section 122 (interpretation of Parts 1 to 6 and supplementary provisions), omit subsection (1A) .

(8) In section 137 (interpretation of Part 7 and supplementary provisions)—

(a) in subsection (1), 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 a married couple otherwise than in prescribed circumstances;

(b) omit subsection (1A).

(9) In Schedule 7 (industrial injuries benefits)—

(a) in paragraph 4(3)(a) (increase for beneficiary’s dependent children and qualifying young persons), after sub-paragraph (i) insert “or” and for sub-paragraphs (ii) and (iii) substitute—

(ii) two people who are not married to, or civil partners of, each other but are living together as a married couple, and

(b) in paragraph 15(3) (widow’s benefit (entitlement)), for the words from “husband and wife” to the end substitute “a married couple with a person whom she is not married to or in a civil partnership with.”.

Section 23 Social Security Administration Act 1992

In section 15A of the Social Security Administration Act 1992 (payment out of benefit of sums in respect of mortgage interest etc.)—

(a) in subsection (4) , in paragraph (b) of the definition of “partner”, for “husband and wife or as if they were civil partners” substitute “if they were a married couple”, and

(b) omit subsection (4B) .

Section 24 Trade Union and Labour Relations (Consolidation) Act 1992

In section 38(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (members’ superannuation schemes: separate fund to be maintained), in paragraph (a), after “widows’” insert “, widowers’, surviving civil partners’’”.

Section 25 Pension Schemes Act 1993

In section 17 of the Pension Schemes Act 1993 (minimum pension for widows and widowers)—

(a) in subsection (4A)(c)(i) , for paragraphs (a) and (b) (but not the “nor” following paragraph (b)) substitute “another person are living together as a married couple;”, and

(b) omit subsection (9) .

Section 26 Jobseekers Act 1995

(1) Section 35 of the Jobseekers Act 1995 (interpretation) is amended as follows.

(2) In subsection (1), 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 a married couple otherwise than in prescribed circumstances;

(3) Omit subsection (1A).

Section 27 Pensions Act 1995

In section 124(1) of the Pensions Act 1995 (interpretation of Part 1), omit the definition of “civil partnership status”.

Section 28 State Pension Credit Act 2002

(1) Section 17 of the State Pension Credit Act 2002 (other interpretation provisions) is amended as follows.

(2) In subsection (1), 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 a married couple otherwise than in prescribed circumstances;

(3) Omit subsection (1A).

Section 29 Civil Partnership Act 2004

(1) The 2004 Act is amended as follows.

(2) In section 212 (meaning of “overseas relationship”), after subsection (1) insert—

(1A) But, for the purposes of the application of this Act to England and Wales, marriage is not an overseas relationship.

(3) In each of paragraphs 5 (declaration) and 11 (declaration) of Schedule 2 (civil partnerships of persons under 18: England and Wales), after “civil partner” insert “, widow or widower”.

Section 30 Mental Capacity Act 2005

In paragraph 185 of Schedule A1 to the Mental Capacity Act 2005 (interpretation), for sub-paragraphs (b) and (c) substitute—

(b) where the relevant person and another person are not married to each other, nor in a civil partnership with each other, but are living together as if they were a married couple: that other person;

Section 31 Family Law (Scotland) Act 2006

In section 38(1) of the Family Law (Scotland) Act 2006 (validity of marriages), for “the Foreign Marriage Act 1892 (c. 23) ” substitute “section 13(1) of, and Schedule 6 to, the Marriage (Same Sex Couples) Act 2013 and any Orders in Council made under that Schedule”.

Section 32 Welfare Reform Act 2007

(1) Paragraph 6 of Schedule 1 to the Welfare Reform Act 2007 (income-related allowance) is amended as follows.

(2) In sub-paragraph (5), 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 a married couple otherwise than in prescribed circumstances;

(3) Omit sub-paragraph (6).

Section 33 Statistics and Registration Service Act 2007

In section 42(2) of the Statistics and Registration Service Act 2007 (information relating to births and deaths etc.), after paragraph (e) insert—

(f) any other information received by the Registrar General in relation to any marriage or civil partnership.

Section 34 Welfare Reform Act 2009

In paragraph 2(2) of Schedule 6 to the Welfare Reform Act 2009 , before “civil partners” insert “married or”.

Section 35 Equality Act 2010

(1) The Equality Act 2010 is amended as follows.

(2) In section 67 (sex equality rule), for subsection (7) substitute—

(7) If the effect of a relevant matter on a person (A) differs according to the effect it has on a person of the same sex as A, according to whether A is married, in a civil partnership, or for some other reason due to A’s family status, a comparison for the purposes of this section of the effect of that matter on persons of the opposite sex must be with a person of the opposite sex to A who is in the same position as A and in particular—

(a) where A is married to someone of the opposite sex, A is to be compared to a person of the opposite sex to A (“B”) where B is married to someone of the opposite sex to B;

(b) where A is married to someone of the same sex as A or is in a civil partnership, A is to be compared to B where B is married to someone of the same sex as B or is in a civil partnership.

(3) Omit section 80(7) (interpretation and exceptions).

Section 36 Welfare Reform Act 2012

(1) Section 39 of the Welfare Reform Act 2012 (couples) is amended as follows.

(2) For subsection (1) substitute—

(1) In this Part “couple” means—

(a) two people who are married to, or civil partners of, each other and are members of the same household; or

(b) two people who are not married to, or civil partners of, each other but are living together as a married couple.

(3) Omit subsection (2).

(4) In subsection (3)—

(a) in paragraph (a), for “husband and wife” substitute “married”, and

(b) in paragraph (b), for “a man and woman are to be treated as living together as husband and wife” substitute “two people are to be treated as living together as a married couple”.

Section 1 Provision disapplying the effect of section 11(1) and (2) of the Act in respect of the common law

Section 11(1) and (2) of the Act does not apply to the common law concerning the right of a person—

(a) who marries, or who is married to, the King Regnant, to the title of Queen, or

(b) who marries, or who is married to, the Prince of Wales, to the title of Princess of Wales.

Section 2 Provision disapplying the effect of section 11(1) and (2) of the Act in respect of the common law

Section 11(1) and (2) of the Act does not apply to the common law concerning the acquisition of a right to, or interest in, a peerage, and all titles, rights, offices, privileges and precedence attaching to it, by a person who marries or who is married to a peer holding that peerage.

Section 3 Provision disapplying the effect of section 11(1) and (2) of the Act in respect of EU instruments

Section 11(1) and (2) of the Act does not apply to EU instruments.

Section 4 Provision to which section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act are subject

(1) Section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act have effect subject to sub-paragraph (2).

(2) In the calculation of the amount of death benefits payable under rules E.3(6)(a), E.4(3)(a) and E.5(3)(a) in Part E of Schedule 1 to the Armed Forces Pension Scheme Order 2005 , a surviving spouse who was married to someone of the same sex is to be treated in the same way as the surviving civil partner of a civil partnership.

Section 5 Provision disapplying the effect of section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act in respect of enactments

Section 11(1) and (2) of, and paragraphs 1 to 3 of Schedule 3 to, the Act do not apply to—

(a) the Statute of Westminster the Second 1285 ,

(b) the Quia Emptores 1289 ,

(c) the Treason Act 1351 ,

(d) chapter 2 of the Statute the Fifth ,

(e) the Crown Private Estate Act 1800 ,

(f) the Fines and Recoveries Act 1833 ,

(g) section 10 of the Married Women’s Property Act 1882 ,

(h) section 3 of the Married Women’s Property Act 1893 ,

(i) section 3 of the Married Women’s Property Act 1907 ,

(j) sections 1(3) and 25(1) of the Settled Land Act 1925 ,

(k) section 47 of the Criminal Justice Act 1925 ,

(l) section 60 of the Government Annuities Act 1929 ,

(m) the War Pensions (Coastguards) Scheme 1944 ,

(n) the Civil Aviation (Births, Deaths and Missing Persons) Regulations 1948 ,

(o) the Airways Corporations (General Staff Pensions) Regulations 1948 ,

(p) the Airways Corporations (Pilots Pensions) Regulations 1951 ,

(q) the Airways Corporations (Radio, Navigating and Engineer Officers Pensions) Regulations 1953 ,

(r) the Airways Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1957 ,

(s) the Greenwich Hospital (Widows’ Pensions and Dependants’ Gratuities) Order 1960 ,

(t) the British Transport Reorganisation (Pensions of Employees) ( No. 2) Order 1962 ,

(u) the Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) (No. 2) Regulations 1963 ,

(v) the Air Corporations (General Staff, Pilots and Officers Pensions) (Amendment) Regulations 1967 ,

(w) the Harbour Reorganisation (Compensation to Employees) Regulations 1967 ,

(x) the Port of London Act 1968 ,

(y) the British Transport (Compensation to Employees) Regulations 1970 ,

(z) the London Transport (Compensation to Employees) Regulations 1970 ,

(aa) sections 1, 3(7)(a), 6 and the definition of “widow’s pension” in section 17(1) of the Pensions (Increase) Act 1971 ,

(bb) the Transport Holding Company (Compensation to Employees) Regulations 1972 ,

(cc) section 59(5ZB)(a) and (b) and (5ZC)(a) of the Social Security Pensions Act 1975 ,

(dd) the Vehicle and Driving Licences (Compensation to Officers) Regulations 1977 ,

(ee) articles 2 and 3 of the Pensions Increase (Review) Order 1979 ,

(ff) the Greater London Council Housing (Compensation) Regulations 1980 ,

(gg) the National Freight Corporation (Central Trust) (Amendment) Order 1980 ,

(hh) articles 2 and 3 of the Pensions Increase (Review) Order 1980 ,

(ii) articles 2 and 3 of the Pensions Increase (Review) Order 1981 ,

(jj) articles 2 and 3 of the Pensions Increase (Review) Order 1982 ,

(kk) articles 2 and 3 of the Pensions Increase (Review) Order 1983 ,

(ll) articles 2 and 3 of the Pensions Increase (Review) Order 1984 ,

(mm) articles 2 and 3 of the Pensions Increase (Review) Order 1985 ,

(nn) articles 2 and 3 of the Pensions Increase (Review) Order 1986 ,

(oo) articles 2 and 3 of the Pensions Increase (Review) Order 1987 ,

(pp) the Judicial Pensions (Widows’ and Children’s Benefits) Regulations 1987 ,

(qq) articles 2 and 3 of the Pensions Increase (Review) Order 1988 ,

(rr) articles 2 and 3 of the Pensions Increase (Review) Order 1989 ,

(ss) articles 2 and 3 of the Pensions Increase (Review) Order 1990 ,

(tt) the Judicial Pensions (Widowers’ and Children’s Benefits) Regulations 1991 ,

(uu) paragraphs 5(2) , 5A and 6 of Schedule 5 to the Social Security Contributions and Benefits Act 1992 ,

(vv) the Firefighters’ Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in England ,

(ww) the Firefighters’ Pension (Wales) Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 as it has effect in Wales ,

(xx) the Railways Pension Scheme Order 1994 ,

(yy) the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994 ,

(zz) the British Coal Staff Superannuation Scheme (Modification) Regulations 1994 ,

(aaa) the Mineworkers’ Pension Scheme (Modification) Regulations 1994 ,

(bbb) the Industry-Wide Coal Staff Superannuation Scheme Regulations 1994 ,

(ccc) the Industry-Wide Mineworkers’ Pension Scheme Regulations1994 ,

(ddd) regulations 55(1) and 69B(3)(c) and (d) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 ,

(eee) the Local Government Pension Scheme Regulations 1997 ,

(fff) the Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001 ,

(ggg) section 299 of the Pensions Act 2004 and the relevant provisions of the reciprocal agreement with Australia (within the meaning of that section) as continued in force by that section,

(hhh) regulations 3(i) and 7(1) of the Occupational Pension Schemes (Modification of Schemes) Regulations 2006 ,

(iii) the New Firefighters’ Pension Scheme (England) ,

(jjj) the New Firefighters’ Pension Scheme (Wales) ,

(kkk) the Teachers’ Pensions Regulations 2010 ,

(lll) Schedule 1, Part E, rule E.1, paragraphs (3)(c) and (5)(c) and rule E.6, paragraph (1)(d) and Schedule 2, Part C, rule C.2, paragraphs (a) and (b) and Part D, rule D.1(3) to the Naval and Marine Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 ,

(mmm) Schedule 1, Part E, rule E.1, paragraphs (3)(c) and (5)(c) and rule E.6, paragraph (1)(d) and Schedule 2, Part C, rule C.2, paragraphs (a) and (b) and Part D, rule D.1(3) to the Army Pensions (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Warrant 2010 ,

(nnn) Schedule 1, Part E, rule E.1, paragraphs (3)(c) and (5)(c) and rule E.6, paragraph (1)(d) and Schedule 2, Part C, rule C.2, paragraphs (a) and (b) and Part D, rule D.1(3) to the Air Force (Armed Forces Pension Scheme 1975 and Attributable Benefits Scheme) Order 2010 , and

(ooo) the Royal Mail Statutory Pension Scheme .

Section 1 Pensions (Increase) Act 1971

(1) The Pensions (Increase) Act 1971 is amended as follows.

(2) In section 3(7) (qualifying conditions), in paragraph (a), for “husband’s” substitute “male spouse’s”.

(3) In section 17(1) (interpretation), in the definition of “widow’s pension”—

(a) in the opening words after “payable” insert “to a woman”, and

(b) for “husband” in both places it occurs, substitute “male spouse”.

Section 2 Social Security Pensions Act 1975

(1) Section 59 of the Social Security Pensions Act 1975 (increase of official pensions) is amended as follows.

(2) In subsection (5ZB)—

(a) in paragraph (a) for “widow’s pension” substitute “pension payable to a woman in respect of the services of her deceased male spouse”, and

(b) in paragraph (b)—

(i) for a “widower’s” substitute “any other surviving spouse’s”, and

(ii) “for wife’s” substitute “spouse’s”.

(3) In subsection (5ZC)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (b), before “surviving civil partner’s” insert “pension due to a surviving spouse who was married to someone of the same sex and a”.

(4) In subsection (7) , omit the definition of “widower’s pension”.

Section 3 Pensions Increase (Review) Orders 1979 to 1990

In article 2 (interpretation) of each of—

(a) the Pensions Increase (Review) Order 1979,

(b) the Pensions Increase (Review) Order 1980,

(c) the Pensions Increase (Review) Order 1981,

(d) the Pensions Increase (Review) Order 1982,

(e) the Pensions Increase (Review) Order 1983,

(f) the Pensions Increase (Review) Order 1984,

(g) the Pensions Increase (Review) Order 1985,

(h) the Pensions Increase (Review) Order 1986,

(i) the Pensions Increase (Review) Order 1987,

(j) the Pensions Increase (Review) Order 1988,

(k) the Pensions Increase (Review) Order 1989, and

(l) the Pensions Increase (Review) Order 1990,

in the definition of “widow’s pension”, for “in respect” to the end substitute “to a woman in respect of the services of her deceased male spouse.”.