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

PART 1Citation, Commencement and Extent

Citation and commencement

1.—(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(1) 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(2) comes into force.

Extent

2.—(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.

PART 2Amendments of the Judicial Pensions Act (Northern Ireland) 1951

3.  The Judicial Pensions Act (Northern Ireland) 1951(3) is amended as follows.

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

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”, 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(4).”.

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.”.

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”.

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”.

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”.

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”.

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”.

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.”.

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

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”.

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”.

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(5)), in paragraph 6(7), for “his widow, or her widower” substitute “his widow, her widower or his or her surviving civil partner”.

17.  After Schedule 4 insert the following Schedule—

Section 6A(3)

“SCHEDULE 4ASURVIVING 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—

(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(6) 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.”.

PART 3Amendments of the County Courts Act (Northern Ireland) 1959

18.  The County Courts Act (Northern Ireland) 1959(7) is amended as follows.

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

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

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”, 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(8).”.

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.”.

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”.

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”.

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”.

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”.

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.”.

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”.

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

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”.

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(9)), in paragraph 6(7), for “his widow, or her widower” substitute “his widow, her widower or his or her surviving civil partner”.

32.  After that Schedule insert the following Schedule—

Section 122A

“SCHEDULE 2BSURVIVING 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—

(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.”.

PART 4Amendments of the Resident Magistrates' Pensions Act (Northern Ireland) 1960

33.  The Resident Magistrates' Pensions Act (Northern Ireland) 1960(10) is amended as follows.

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

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”, 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(11).”.

36.  In section 4A (as inserted by paragraph (3) of Schedule 3 to the Personal Pension Option (No.1) Regulations (Northern Ireland) 1989(12)), after “widow's” insert “, surviving civil partner's”.

37.—(1) Section 4A (widowers' pensions) (as inserted by Article 3(3) of the Judicial Pensions (Northern Ireland) Order 1991(13)) 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.”.

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”.

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”.

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”.

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”.

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.”.

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

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

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—

“PART 2SURVIVING 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—

(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.”.

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(14)), in paragraph 6(7), for “his widow, or her widower” substitute “his widow, her widower or his or her surviving civil partner”.

PART 5Amendments of the Administration of Justice Act 1973

47.  The Administration of Justice Act 1973(15) is amended as follows.

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”.

PART 6Amendments of the Judicial Pensions Act 1981

49.  The Judicial Pensions Act 1981(16) is amended as follows.

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”.

51.  For the title of Part 2 substitute “LUMP SUMS AND WIDOWS', SURVIVING CIVIL PARTNERS' AND CHILDREN'S PENSIONS”.

52.  In section 16 (application of Part 2, and interpretation), in the definition of “derivative benefit”, for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.

53.  For the italic cross heading before section 18 substitute “Widows', surviving civil partners' and children’s pensions”.

54.—(1) Section 18 (conditions of grant) is amended as follows.

(2) In subsection (1)—

(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 (hereafter in this Part of this Act referred to as a “surviving civil partner’s pension”), and”, 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 (hereafter in this Part of this Act referred to as a “children’s pension”) for the benefit of any relevant children.”.

(3) After that subsection insert—

“(1A) In subsection (1)(ii) above, “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) of this subsection “children of the family” is to be construed in accordance with section 105(1) of the Children Act 1989(17) or (in relation to Scotland) section 101(7) of the Civil Partnership Act 2004(18).”.

(4) In subsection (2), after “marriage”, in each place, insert “or civil partnership”.

55.—(1) Section 18A (widowers' pensions) is amended as follows.

(2) In the side-note, 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 that subsection insert—

“(2A) The transitional provisions in Part 5 of Schedule 2 to this Act shall have effect in relation to surviving civil partners' pensions.”.

56.—(1) Section 19 (widows' and widowers' pensions) is amended as follows.

(2) For the side-note 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”.

57.—(1) In section 20 (children’s pension: beneficiaries), subsection (5) 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”.

58.—(1) Section 22 (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”.

59.—(1) In section 25 (persons serving again after retirement), subsection (1)(a) is amended as follows.

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

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

60.  For section 28 (effect of certain nullity decrees) substitute—

“Effect of certain nullity decrees

28  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.”.

61.  In section 29 (recommendation of a Minister required in certain cases), for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.

62.  In section 31 (payments charged on Consolidated Fund), in paragraph (b), for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.

63.  In section 32 (other financial provisions), in subsection (3)(b), for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.

64.  In section 32A (appeals), in subsection (3)(b), for “or widower” substitute “, widower or surviving civil partner”.

65.  In Schedule 1 (certain Supreme Court and County Court officers, and President of Transport Tribunal), in paragraph 15(2), after paragraph (a) insert—

“(aa)his or her surviving civil partner,”.

66.  In Schedule 1A (transfer of accrued benefits) (to be inserted by the amendments set out in Schedule 13 to the Courts and Legal Services Act 1990(19)), in paragraph 6(7), for “his widow, or her widower” substitute “his widow, her widower or his or her surviving civil partner”.

67.  In Schedule 2 (transitory provisions), after paragraph 28 insert—

“PART 5SURVIVING CIVIL PARTNERS' PENSIONS

General

29.  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, or the Sheriffs' Pensions (Scotland) Act 1961(20), on his or her retirement.

Service wholly on or before the relevant date

30.  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

31.—(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—

(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.”.

68.  In Schedule 3 (consequential amendments), in paragraph 7(3), for “widow’s widower's” substitute “widow's, widower's, surviving civil partner's”.

PART 7Amendments of the Judicial Pensions and Retirement Act 1993

69.  The Judicial Pensions and Retirement Act 1993(21) is amended as follows.

70.—(1) Section 5 (surviving spouse’s pension) is amended as follows.

(2) In the side-note, after “Surviving spouse's” insert “and surviving civil partner's”.

(3) In subsection (1)—

(a)after “surviving spouse”, in both places, insert “or surviving civil partner”,

(b)in paragraph (b), after “marriage took place” insert “or their civil partnership was formed”, and

(c)omit “(a “surviving spouse’s pension”)”.

(4) After that subsection insert—

“(1A) For the purposes of this Act—

(a)a pension under this section which is payable to a surviving spouse is a “surviving spouse’s pension”, and

(b)a pension under this section which is payable to a surviving civil partner is a “surviving civil partner’s pension”.”.

(5) For subsection (3) substitute—

“(3) If—

(a)the surviving spouse re-marries or forms a civil partnership, or

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

the Treasury may, on or at any time after the marriage or the formation of the civil partnership, direct that the pension shall cease to be payable.”.

(6) After subsection (5) insert—

“(5A) Schedule 1A to this Act (which makes transitional provision in relation to surviving civil partners' pensions) shall have effect.”.

71.  In section 6 (grant and payment of a children’s pension), for subsection (7) substitute—

“(7) In this section, “step-children of the deceased” means—

(a)any children who—

(i)are the natural children of a person who at any time was married to, or the civil partner of, the deceased, and

(ii)at the time of the marriage or the formation of the civil partnership, either had been born or were in gestation;

(b)any children adopted by such a person before the marriage to, or the formation of the civil partnership with, the deceased; and

(c)any children adopted by such a person after the marriage to, or the formation of the civil partnership with, the deceased in a case where the adoption proceedings were pending at the time of the marriage or the formation of the civil partnership.”.

72.—(1) Section 8 (rate of children’s pension) is amended as follows.

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

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

(4) For subsection (3) substitute—

“(3) Where the deceased—

(a)leaves a surviving spouse who re-marries or forms a civil partnership, or

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

the Treasury may, if they think fit, direct that subsection (1) above shall apply instead of subsection (2) above as respects any period when the surviving spouse or surviving civil partner has a spouse or civil partner.”.

73.  In the side-note to section 9 (contribution towards cost of surviving spouse’s and children’s pension), after “surviving spouse's” insert “, surviving civil partner's”.

74.  For section 17 (effect of certain nullity decrees) substitute—

“Effect of certain nullity decrees

17  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.”.

75.  In section 20 (appeals), in subsection (3)(b), for “widow or widower” substitute “widow, widower or surviving civil partner”.

76.—(1) Section 30 (interpretation) is amended as follows.

(2) In subsection (1)—

(a)in the definition of “the deceased”, after “surviving spouse's” insert “, surviving civil partner's”,

(b)in the definition of “derivative benefit”, after “surviving spouse's” insert “, surviving civil partner's”, and

(c)at the appropriate place insert—

““surviving civil partner’s pension” has the meaning given by section 5 above;”.

77.  After Schedule 1 (the offices which may be qualifying judicial offices) insert—

Section 5

“SCHEDULE 1ASURVIVING CIVIL PARTNER'S PENSION: TRANSITIONAL PROVISIONS

The commencement date

1.  In this Schedule “the commencement date” means 5th December 2005.

Service wholly before the commencement date

2.  No surviving civil partner’s pension shall be payable in respect of a person who retires from qualifying judicial office before the commencement date.

Service partly before and partly on the commencement date

3.—(1) The annual rate of a surviving civil partner’s pension in respect of a person who—

(a)holds qualifying judicial office before the commencement date; and

(b)continues to do so on that date,

shall be calculated in accordance with section 5.

(2) Sub-paragraph (1) does not apply if, within, 6 months of the formation of the civil partnership, the person elects for the annual rate of the surviving civil partner’s pension to be calculated under sub-paragraph (3).

(3) Where the annual rate of a surviving civil partner’s pension falls to be calculated under this sub-paragraph, that pension shall be calculated in accordance with section 5, but solely for the purpose of this sub-paragraph, the annual rate of the deceased’s judicial pension shall be deemed to be that to which he would have been entitled had he first been appointed to qualifying judicial office on the commencement date.

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

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

PART 8Amendments of Church Measures

Church Property (Miscellaneous Provisions) Measure 1960

78.  The Church Property (Miscellaneous Provisions) Measure 1960(22) is amended as follows.

79.  In section 20 (provisions as to pensions of Church Estates Commissioners), in subsection (2A)—

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

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

Clergy Pensions Measure 1961

80.  The Clergy Pensions Measure 1961(23) is amended as follows.

81.—(1) In section 17 (payments out of general fund of Commissioners), in subsection (3), after “widowers” insert “, surviving civil partners”.

(2) In section 26 (powers of Board as to provision of residences)—

(a)in subsection (1)(a), after “former spouses” insert “and civil partners or former civil partners”,

(b)in subsection (1)(b), after “spouses” insert “, surviving civil partners, former civil partners”,

(c)in subsection (3A)(b), after “spouse” insert “or surviving civil partner or former civil partner”, and

(d)in subsection (3A), in the words following paragraph (b), after “former spouse” insert “or civil partner or former civil partner”.

(3) In section 27 (powers of Board to administer pensions schemes for church workers), in subsection (1), for “widows widowers” substitute “widows, widowers, surviving civil partners”.

(4) In section 30 (power of Board to act as Trustee), in subsections (1) and (2), for “widows widowers”, in each place, substitute “widows, widowers, surviving civil partners”.

(5) In section 38 (determination of questions), in subsection (1)(g), after “widower” insert “, surviving civil partner,”.

(6) In section 38A (power of Board to establish additional pensions schemes for clerks), in subsection (1), after “widowers” insert “, surviving civil partners”.

(7) In section 40 (diocesan widows and dependants committees), for “widows widowers”, in each place, substitute “widows, widowers, surviving civil partners”.

Clergy Pensions (Amendment) Measure 1972

82.  The Clergy Pensions (Amendment) Measure 1972(24) is amended as follows.

83.  In section 6 (power of General Synod to make further provision by regulations for clergy pensions)—

(a)in subsection (1)(b), after “widowers” insert “, surviving civil partners”,

(b)in subsection (1)(c), after “spouses” insert “or civil partners”,

(c)in subsection (1)(d), after “widowers” insert “, surviving civil partners”, and

(d)in subsection (2), after “widowers” insert “, surviving civil partners”.

Deaconesses and Lay Workers (Pensions) Measure 1980

84.  The Deaconesses and Lay Workers (Pensions) Measure 1980(25) is amended as follows.

85.  In section 1 (power of Church Commissioners to make payments for provision, etc of pension benefits for deaconesses and lay workers), in subsection (1)(a), after “widowers” insert “or surviving civil partners”.

Pastoral Measure 1983

86.  The Pastoral Measure 1983(26) is amended as follows.

87.  In Schedule 4 (compensation of clergy), in paragraph 13(1)(c) and (3), after “spouse”, in each place, insert “or surviving civil partner”.

Pensions Measure 1997

88.  The Pensions Measure 1997(27) is amended as follows.

89.  In section 1 (past service and funded schemes), in subsection (1), after “widowers” insert “, surviving civil partners”.

Church of England (Pensions) Measure 2003

90.  The Church of England (Pensions) Measure 2003(28) is amended as follows.

91.—(1) In section 1 (General Purposes Fund), in subsection (2)—

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

(b)in paragraph (c), after “former spouses” insert “or civil partners or former civil partners”, and

(c)in paragraph (d), after “spouses” insert “, surviving civil partners, former civil partners”.

(2) In section 2 (dissolution of Pensions Augmentation Fund), in subsection (3), after “spouse” insert “, surviving civil partner, former civil partner”.

PART 9Miscellaneous Amendments

Amendments of subordinate legislation relating to judicial pensions

92.  Schedule 1 amends subordinate legislation made pursuant to the County Courts Act (Northern Ireland) 1959 and the Resident Magistrates' Pensions Act (Northern Ireland) 1960.

93.  Schedule 2 amends subordinate legislation made pursuant to the Administration of Justice Act 1973.

94.  Schedule 3 amends subordinate legislation made pursuant to the Judicial Pensions Act 1981.

95.  Schedule 4 amends subordinate legislation made pursuant to the Judicial Pensions and Retirement Act 1993.

96.  Schedule 5 amends subordinate legislation made pursuant to the Judicial Pensions Act 1981 and the Judicial Pensions and Retirement Act 1993.

97.  Schedule 6 makes amendments to other subordinate legislation relating to judicial pensions.

Amendments of subordinate legislation, etc. relating to Church pensions

98.  Schedule 7 amends subordinate legislation and scheme rules relating to Church pensions.