The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

(8) Regulations 6(1) and (2) and 7(1) to (3) of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (effect of, and interpretation of existing legislation in consequence of, extension of marriage to same-sex couples) do not apply to provisions of this regulation other than the provisions substituted by regulation 119(4) of those Regulations.

• (5) In Schedule C (widow’s awards)—

• (a) in paragraph 1 of Part 1, in sub-paragraph (2A)[^f00192], for “a widower” substitute “the surviving spouse”,

• (b) in paragraph 1 of Part 1, omit sub-paragraphs (2B) and (2C)[^f00193],

• (c) in paragraph 3[^f00194] of Part 1, for “a man or a surviving civil partner of a woman” substitute “a surviving spouse or a surviving civil partner”,

• (d) in paragraph 1 of Part 3, in sub-paragraph (1A)[^f00195], for “a widower” substitute “the surviving spouse”,

• (e) in paragraph 1 of Part 3, omit sub-paragraphs (1B) and (1C)[^f00196],

• (f) in paragraph 3 of Part 3, in sub-paragraph (4)[^f00197], for “man or a surviving civil partner of a woman” substitute “surviving spouse or a surviving civil partner”,

• (g) in paragraph 4[^f00198] of Part 4, for “a widower” substitute “the surviving spouse”,

• (h) omit paragraphs 5 and 6[^f00199] of Part 4,

• (i) in paragraph 1[^f00200] of Part 5—

• (i) in sub-paragraph (a)—

• (aa) for “a widower” substitute “the surviving spouse”, and

• (bb) omit “, subject to paragraph 1A,”, and

• (ii) omit sub-paragraph (b), and the “and” preceding it, and

• (j) omit paragraph 1A[^f00201] of Part 5.

120

• (1) The Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006[^f00202] are amended as follows.

• (2) In regulation 6(4), for “widower” substitute “surviving spouse”.

• (3) In regulation 12—

• (a) in paragraph (1B)(a)(iii)[^f00203] omit the words after “free to marry each other”,

• (b) in paragraph (7), for “to (12)” substitute “to (10)”,

• (c) in paragraph (9), for “paragraphs (10), (11) and (12)” substitute “paragraph (10)”,

• (d) in paragraph (10), for “a widower” substitute “the surviving spouse”, and

• (e) omit paragraphs (11) and (12).

• (4) The amendment made by paragraph (3)(a) applies only where the police officer dies on or after 13th January 2020.

• (5) In regulation 19(1), for sub-paragraphs (c) and (d) substitute—

or (c) where the police officer was a woman who was married or in a civil partnership, and where her spouse or civil partner was permanently disabled at the time the police officer died, to her surviving spouse or surviving civil partner,

• (6) In paragraph 2(a) of Schedule 5, for “widower” substitute “surviving spouse”.

Local Government

121

• (1) In the Local Government Pension Scheme (Amendment and Transitional Provision) Regulations (Northern Ireland) 2014[^f00204], regulation 17 (survivor benefits) is amended as follows.

• (2) In paragraph (5)—

• (a) the words from “the definition of “eligible child”” to the end become sub-paragraph (a), and

• (b) after that sub-paragraph insert—

(b) subject to sub-paragraph (d), any calculation of the survivor benefit payable under the former regulations to a person who is the surviving same-sex civil partner of a member or who is the surviving spouse of a same sex marriage with a member is to be on the basis that the survivor is a widow, irrespective of the sex of the member; (c) any calculation of the survivor pension payable under the former regulations to a person who is a surviving opposite-sex civil partner of a member is to be on the basis that the survivor is a widow or widower, depending on their sex; (d) in respect of a calculation under sub-paragraph (b) where the member left under a scheme to which the 2000 Regulations or the 2002 Regulations apply and died before 1st April 2015, any reference to contracted out membership is to be read as including contracted in membership.

• (3) In paragraph (7)—

• (a) omit sub-paragraph (a),

• (b) in sub-paragraph (b)—

• (i) before “survivor” insert “male”, and

• (ii) omit the “and” at the end, and

• (c) after sub-paragraph (c) insert—

; and (d) the male survivor of a female— (i) deferred member, or (ii) pensioner member, where the survivor was in an opposite-sex civil partnership with the member which was formed after the member’s active membership ceased.

• (4) For paragraphs (8) and (9) substitute—

(8) Any calculation of any survivor pension payable under the former regulations is only to take account of membership accrued by that member after 5th April 1978 where— (a) a member enters into a same-sex civil partnership or same-sex marriage after leaving active membership and dies; (b) a male deferred member or pensioner member marries and dies leaving a female survivor; or (c) a male deferred member or pensioner member enters into an opposite-sex civil partnership and dies leaving a female survivor. (9) Despite paragraph (5)(b), for the purposes of paragraphs (6) and (8), membership includes— (a) relevant additional membership that would have counted as membership for the purposes of regulations 44 and 44A of the 2002 Regulations (reduction of some surviving spouses’ and civil partners’ pensions); (b) membership that would have counted under regulation F3, F4 or F5 (spouse pensions in certain cases) of the 2000 Regulations by virtue of regulation F6 (post-retirement marriages) of those Regulations; and (c) any membership purchased under regulation 14A of the Benefit Regulations (elections to pay additional contributions: survivor benefits). (10) In this regulation— - “opposite-sex civil partnership” means a civil partnership formed between two persons who are not of the same sex; - “same-sex civil partnership” means a civil partnership formed between two persons who are of the same sex; - “surviving opposite-sex civil partner of a member” means a person who, at the time of a member’s death, was in a civil partnership with the member and was of the opposite sex to the member; - “surviving same-sex civil partner of a member” means a person who, at the time of a member’s death, was in a civil partnership with the member and was of the same sex as the member; - “surviving spouse of a same-sex marriage with a member” means a person who, at the time of a member’s death, was married to the member and was of the same sex as the member.

Civil Service

122

• (1) The Principal Civil Service Pension Scheme (Northern Ireland) 1981, made on 20th November 1981[^f00205], is amended as follows.

• (2) In Section 1 (the 2002 Section), after rule E1.A insert—

(E.1B) (1) In this Section of the Scheme— (a) a reference to civil partnership is to be read as including a reference to marriage of a same-sex couple, (b) a reference to civil partners is to be read as including a reference to a married same-sex couple, (c) a reference to a civil partner is to be read as including a reference to a person who is married to a person of the same sex, and (d) a reference to a surviving civil partner is to be read as including a reference to a survivor of a marriage of a same-sex couple. (2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended or a reference to a person whose civil partnership has ended) is to be read accordingly. (3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed. (4) Regulation 7(1) to (3) of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 do not apply to the interpretation of this Section of the Scheme. (5) Regulation 6(1) and (2) of those Regulations have effect subject to paragraphs (1) to (4).

• (3) In Section 2 (the 1972 Section), in Section 4 (widows’ and dependants’ benefits), in Part 8 (civil partnership), after rule 4.79 insert—

(4.79A) For the purposes of rule 4.79 it does not matter whether the civil servant or the civil servant’s surviving civil partner is a man or a woman but a surviving civil partner is only entitled to pension and other benefits payable under the rules of this scheme as they apply to them as either a widow or widower (and not as both). (4.79B) Where rule 4.79 requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended or a reference to a person whose civil partnership has ended) is to be read accordingly. (4.79C) For the purposes of rules 4.79, 4.79A and 4.79B it does not matter how a reference is expressed.

• (4) In Section 2 (the 1972 Section), in Section 4 (widows’ and dependants’ benefits), after Part 8 insert—

(4.84) In this scheme— (i) a reference to civil partnership is to be read as including a reference to marriage of a same-sex couple, (ii) a reference to civil partners is to be read as including a reference to a married same-sex couple, (iii) a reference to a civil partner is to be read as including a reference to a person who is married to a person of the same sex, and (iv) a reference to a surviving civil partner is to be read as including a reference to a survivor of a marriage of a same-sex couple. (4.85) Where rule 4.84 requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended or a reference to a person whose civil partnership has ended) is to be read accordingly. (4.86) For the purposes of rules 4.84 and 4.85 it does not matter how a reference is expressed. (4.87) Regulation 7(1) to (3) of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 do not apply to the interpretation of this scheme. (4.88) Regulation 6(1) and (2) of those Regulations have effect subject to rules 4.84 to 4.87.

• (5) In Section 3 (the 2007 Section), after rule F.1 insert—

(F.1A) (1) In this Section— (a) a reference to civil partnership is to be read as including a reference to marriage of a same-sex couple, (b) a reference to civil partners is to be read as including a reference to a married same-sex couple, (c) a reference to a civil partner is to be read as including a reference to a person who is married to a person of the same sex, and (d) a reference to a surviving civil partner is to be read as including a reference to a survivor of a marriage of a same-sex couple. (2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended or a reference to a person whose civil partnership has ended) is to be read accordingly. (3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed. (4) Regulation 7(1) to (3) of the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 do not apply to the interpretation of this Section of the Scheme. (5) Regulation 6(1) and (2) of those Regulations have effect subject to paragraphs (1) to (4).

Other public service pension schemes

123

• (1) In this regulation “relevant scheme” means a pension scheme established by one or more instruments made under Northern Ireland legislation by a Department or other public authority and relating to service connected with any of the following public services—

• (a) firefighting, or fire and rescue services, in Northern Ireland;

• (b) health services, or personal social services, in Northern Ireland;

• (c) teaching in Northern Ireland.

• (2) Regulations 6(1) and (2) and 7(1) to (3) do not apply to existing provisions of a relevant scheme.

• (3) The existing provisions of a relevant scheme are to apply (despite anything to the contrary in those provisions and so far as they do not otherwise do so)—

• (a) in relation to a man who is the surviving civil partner of a female member as they apply in relation to the widower of a female member, and

• (b) in relation to—

• (i) any other surviving civil partner of a member,

• (ii) the widower of a male member, or

• (iii) the widow of a female member,

as they apply in relation to the widow of a male member, and

• (c) without taking account of any full gender recognition certificate issued under the Gender Recognition Act 2004 to a member, or a member’s spouse or civil partner, at a time during their marriage or civil partnership.

• (4) Power to make or amend a relevant scheme includes power to modify the application of, or disapply, either or both of paragraphs (2) and (3) in relation to the scheme or any provision of the scheme.

• (5) In this regulation “existing provisions” means provisions made before 13th January 2020.

PART 9 — Amendments: Other Primary Legislation

Criminal Justice Act (Northern Ireland) 1945

124

In section 37 of the Criminal Justice Act (Northern Ireland) 1945[^f00206] (replacement of presumption of marital coercion with a statutory defence thereof)—

• (a) for “wife”, in the second place it occurs, substitute “spouse or civil partner”;

• (b) for “husband”, in the third place it occurs, substitute “other spouse or civil partner”.

Age of Marriage Act (Northern Ireland) 1951

125

• (1) In section 1(1) of the Age of Marriage Act (Northern Ireland) 1951[^f00207] (marriage void if either party under 16), omit the proviso (defence, to certain sexual offences, where defendant has reasonable cause to believe girl against whom offence committed was defendant’s wife).

• (2) The amendment made by paragraph (1) applies only in relation to offences committed on or after 13th January 2020.

Administration of Estates Act (Northern Ireland) 1955

126

• (1) Section 7 of the Administration of Estates Act (Northern Ireland) 1955[^f00208] (rights of surviving spouse or civil partner) is amended as follows.

• (2) In subsection (7)[^f00209]—

• (a) omit “, or Article 20(2) of the Matrimonial Causes (Northern Ireland) Order 1978,”;

• (b) after “2004” insert “, or of Article 20(2) of the Matrimonial Causes (Northern Ireland) Order 1978”.

• (3) The amendments made by paragraph (2) apply only in relation to decrees of judicial separation granted in respect of marriages that are entered into on or after 13th January 2020.

King George VI Memorial Youth Council Act (Northern Ireland) 1957

127

• (1) The First Schedule to the King George VI Memorial Youth Council Act (Northern Ireland) 1957[^f00210] is amended as follows.

• (2) In paragraph 23 (superannuation), for “wives, widows”, in both places it occurs, substitute “spouses, surviving spouses, civil partners, surviving civil partners”.

Land Registration Act (Northern Ireland) 1970

128

In section 82(3) of the Land Registration Act (Northern Ireland) 1970[^f00211], for “husband or wife” substitute “spouse or civil partner”.

Civil Evidence Act (Northern Ireland) 1971

129

• (1) The Civil Evidence Act (Northern Ireland) 1971[^f00212] is amended as follows.

• (2) In section 10(3) and (4)[^f00213], for “husband or wife” substitute “spouse or civil partner”.

• (3) In section 14(2), in the words after the definition of “legal proceedings”—

• (a) for “husband or wife” substitute “spouse or civil partner”;

• (b) after “married to” insert “, or the civil partner of,”.

Housing on Farms Act (Northern Ireland) 1972

130

In section 16 of the Housing on Farms Act (Northern Ireland) 1972[^f00214], in the definition of “family”, after “or marriage” insert “or civil partnership”.

Land Acquisition and Compensation (Northern Ireland) Order 1973

131

In Article 47(6)(a)(ii) of the Land Acquisition and Compensation (Northern Ireland) Order 1973[^f00215], after “spouse” insert “or civil partner”.

Solicitors (Northern Ireland) Order 1976

132

In Article 28(2)(b) of the Solicitors (Northern Ireland) Order 1976[^f00216], for “widow” substitute “surviving spouse or civil partner”.

Sex Discrimination (Northern Ireland) Order 1976

133

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

Fatal Accidents (Northern Ireland) Order 1977

134

In Article 5(3) of the Fatal Accidents (Northern Ireland) Order 1977[^f00218] (disregard of certain post-death benefits accruing to widows)—

• (a) for “widow”, in both places it occurs, substitute “surviving spouse”,

• (b) for “her husband”, substitute “that person’s spouse”, and

• (c) for “her”, in the second place it occurs, substitute “the surviving spouse’s”.

Rates (Northern Ireland) Order 1977

135

• (1) The Rates (Northern Ireland) Order 1977[^f00219] is amended as follows.

• (2) In Article 29A[^f00220]—

• (a) in paragraph (9), for the words from “if—” to the end substitute “if the two persons are married to, or civil partners of, each other, or are living together as if spouses of each other.”;

• (b) omit paragraph (10).

• (3) In Article 31AA(6)(a)[^f00221], after “marriage” insert “or civil partnership”.

Rent (Northern Ireland) Order 1978

136

In Schedule 4 to the Rent (Northern Ireland) Order 1978[^f00222], in each of the following provisions, for “widow” substitute “surviving spouse or civil partner”—

• (a) in Case 14, paragraph (a);

• (b) in Case 15, paragraphs (a) and (d);

• (c) in Case 16, paragraph (1)(a) and (b)(i) and (ii).

Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979

137

• (1) Article 4 of the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979[^f00223] (powers of court to make orders) is amended as follows.

• (2) In paragraph (5)(a), for the words from “either” to “jointly” substitute—

— (i) issue of the deceased and the surviving spouse, (ii) children adopted by the deceased and the surviving spouse jointly, (iii) issue of the deceased and adopted by the surviving spouse, or (iv) adopted by the deceased and the issue of the surviving spouse

• (3) After paragraph (5) insert—

(6) Where— (a) the deceased is survived by a civil partner (“the surviving civil partner”) and is also survived by children who are— (i) issue of the deceased and the surviving civil partner, (ii) children adopted by the deceased and the surviving civil partner jointly, (iii) issue of the deceased and adopted by the surviving civil partner, or (iv) adopted by the deceased and the issue of the surviving civil partner; and (b) the surviving civil partner becomes entitled under the deceased’s will or the law relating to intestacy, or a combination of the deceased’s will and that law, to the net estate of the deceased or to an interest in the estate which amounts to a reasonable financial provision for both the surviving civil partner and the children, the court shall not make an order under this Article on the application of any of the children who is a minor.

• (4) The amendments made by paragraphs (2) and (3) apply only in relation to deaths occurring on or after 13th January 2020.

Domestic Proceedings (Northern Ireland) Order 1980

138

In Article 2(2) of the Domestic Proceedings (Northern Ireland) Order 1980[^f00224], in the definition of “child”, for the words from “includes” to the end substitute “is to be construed in accordance with Article 155(1) of the Children (Northern Ireland) Order 1995[^f00225]”.

Judgments Enforcement (Northern Ireland) Order 1981

139

In paragraph 3(c)(ii) of Schedule 1 to the Judgments Enforcement (Northern Ireland) Order 1981[^f00226] (amounts deductible for purposes of a superannuation scheme are deductible in calculating “attachable earnings”), for “widows,” substitute “surviving spouses, surviving civil partners,”.

Mental Health (Northern Ireland) Order 1986

140

• (1) The Mental Health (Northern Ireland) Order 1986[^f00227] is amended as follows.

• (2) In Article 32 (definition of “nearest relative”)—

• (a) in paragraph (1)(a), after “spouse” insert “or civil partner”;

• (b) in paragraph (4)—

• (i) in sub-paragraph (b), after “spouse” insert “or civil partner”;

• (ii) in sub-paragraph (c), after “spouse” insert “, civil partner”;

• (c) in each of paragraphs (5) and (6)(b)—

• (i) after “married patient” insert “or a patient who has a civil partner”;

• (ii) after “unless the spouse” insert “or civil partner”.

• (3) In Article 33 (children and young persons in care), for “husband or wife” substitute “spouse or civil partner”.

Agriculture and Fisheries (Financial Assistance) (Northern Ireland) Order 1987

141

• (1) Article 10 of the Agriculture and Fisheries (Financial Assistance) (Northern Ireland) Order 1987[^f00228] (grants for individuals relinquishing occupation of uncommercial units) is amended as follows.

• (2) In paragraph (2)(c), after “husband” insert “or civil partner”.

• (3) In paragraph (5), after “widower” insert “or civil partner”.

• (4) In paragraph (6)(a)(ii), after “spouse” insert “or civil partner”.

Public Order (Northern Ireland) Order 1987

142

In Article 8 of the Public Order (Northern Ireland) Order 1987[^f00229] (meaning of “fear” and “hatred”)—

• (a) the existing text becomes paragraph (1),

• (b) after that paragraph insert—

(2) For the purposes of this Part, any discussion or criticism of marriage which concerns the sex of the parties to marriage is not to be taken of itself to be— (a) threatening, abusive or insulting, or (b) intended to stir up hatred or arouse fear.

, and

• (c) in the heading, at the end insert “etc.”.

Employment Rights (Northern Ireland) Order 1996

143

In the Employment Rights (Northern Ireland) Order 1996[^f00230] in each of the following provisions, for “husband” substitute “spouse”—

• (a) Article 85ZE(7)(a);

• (b) Article 85ZG(7)(a)[^f00231].

Employment (Northern Ireland) Order 2002

144

In Article 11 of the Employment (Northern Ireland) Order 2002[^f00232] (power to require information) in paragraph (2)(b), for “spouse or” substitute “spouse, civil partner or other”.

Housing (Northern Ireland) Order 2003

145

• (1) The Housing (Northern Ireland) Order 2003[^f00233] is amended as follows.

• (2) In Article 14(2) (cases where the beneficiary of an order for the transfer of property on the end of a marriage or civil partnership may succeed to a tenancy), after “marriage” insert “or civil partnership”.

• (3) In Article 61(6) (renovation or disabled facilities grant applications: financial position of the applicant’s spouse or dependent or a person living, or intending to live, with the applicant), after “spouse” insert “or civil partner”.

• (4) In Article 85(2)(a)(ii) (conditions for obtaining certain grants: disposals to spouse or former spouse to be an exempt disposal), after “spouse”, in each place it occurs, insert “or civil partner”.

Charities Act (Northern Ireland) 2008

146

• (1) Schedule 5 to the Charities Act (Northern Ireland) 2008[^f00234] (meaning of “connected persons” for purposes of section 57(2)) is amended as follows.

• (2) In paragraph 2—

• (a) in sub-paragraph (2), for “husband or wife” substitute “spouse”.

• (b) omit sub-paragraph (3).

Presumption of Death Act (Northern Ireland) 2009

147

In section 1(2) of the Presumption of Death Act (Northern Ireland) 2009[^f00235] (jurisdiction of the court to entertain proceedings for a declaration that a person is presumed to be dead), before the “or” at the end of paragraph (b) insert—

(ba) the applicant and the missing person— (i) are of the same sex and married each other under the law of Northern Ireland, or (ii) registered as civil partners of each other under the law of Northern Ireland, and it appears to the court to be in the interests of justice to assume jurisdiction in the case;

Houses in Multiple Occupation Act (Northern Ireland) 2016

148

In section 88(3)(a) of the Houses in Multiple Occupation Act (Northern Ireland) 2016[^f00236] (definition of “couple” to include same sex couples who live together in a relationship equivalent to marriage), for the words after “who live together as” substitute “if spouses of each other”.

PART 10 — Amendments: Other Secondary Legislation

Extension to Northern Ireland of amendments made in consequence of the introduction of same-sex marriage in England and Wales

149

The amendments made by the following provisions extend also to Northern Ireland—

• (a) in Schedule 1 to the Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014[^f00237] (consequential amendments to subordinate legislation)—

• (i) paragraph 5 (which amends the Merchant Shipping (Maintenance of Seamen’s Dependants) Regulations 1972)[^f00238]);

• (ii) paragraph 7 (which amends the Merchant Shipping (Returns of Birth and Deaths) Regulations 1979[^f00239]);

• (iii) paragraph 31 (which amends the Open-Ended Investment Companies Regulations 2001[^f00240]);

• (iv) paragraph 48(1), (3), (4) and (5) (which amends the Attributable Benefits Scheme as applied to the navy and marines);

• (v) paragraph 50(1), (3), (4) and (5) (which amends the Attributable Benefits Scheme as applied to the army);

• (vi) paragraph 52(1), (3), (4) and (5) (which amends the Attributable Benefits Scheme as applied to the air force);

• (b) in the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014[^f00241]—

• (i) in Schedule 1—

• (aa) paragraph 2 (which amends the Pensions Commutation Act 1871[^f00242]);

• (bb) paragraph 3 (which amends the Local Government (Emergency Provisions) Act 1916[^f00243]);

• (cc) paragraph 17 (which amends the Transport Act 1978[^f00244]);

• (ii) in Schedule 3, paragraph 1 (which amends the Pensions (Increase) Act 1971[^f00245]);

• (c) in Schedule 1 to the Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014[^f00246], paragraph 2 (which amends the Service Departments Registers Order 1959[^f00247]);

• (d) in the Schedule to the Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014[^f00248]—

• (i) paragraph 4 (which amends the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957[^f00249]);

• (ii) paragraph 10 (which amends the Forgery and Counterfeiting Act 1981[^f00250]).

Motor Vehicles (International Circulation) Order (Northern Ireland) 1990

150

In the Motor Vehicles (International Circulation) Order (Northern Ireland) 1990[^f00251] in each of the following provisions, for “wife or husband” substitute “spouse or civil partner”—

• (a) Article 3(7), in paragraph (a) of the definition of “dependant”;

• (b) Article 4(4)(a).

Court fees orders of 1996

151

In each of the following provisions, for “married couple or an unmarried couple (as defined respectively in section 3(5) and (6)” substitute “couple (as defined by section 3(5A)[^f00252]”—

• (a) Article 9(2)(d)(i) of the Court of Judicature Fees Order (Northern Ireland) 1996[^f00253];

• (b) Article 9(2)(d)(i) of the Judgment Enforcement Fees Order (Northern Ireland) 1996[^f00254];

• (c) Article 10(2)(d)(i) of the Magistrates’ Courts Fees Order (Northern Ireland) 1996[^f00255];

• (d) Article 8(2)(d)(i) of the County Court Fees Order (Northern Ireland) 1996[^f00256];

• (e) Article 9(2)(d)(i) of the Court of Judicature (Non-Contentious Probate) Fees Order (Northern Ireland) 1996[^f00257];

• (f) Article 8(2)(d)(i) of the Family Proceedings Fees Order (Northern Ireland) 1996[^f00258].

Individual Learning Accounts Regulations (Northern Ireland) 2000

152

In regulation 4 of the Individual Learning Accounts Regulations (Northern Ireland) 2000[^f00259] (meaning of “eligible person”) in each of paragraphs (3)(b), (c) and (d), after “spouse,” insert “civil partner,”.

Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001

153

In regulation 10 of the Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001[^f00260] (disclosure of pecuniary interest etc), in paragraph (4), in the words after paragraph (b), for “married persons living together the interest of one spouse” substitute “two people who are spouses, or civil partners, of each other and who are living together, the interest of one of them”.

Northern Ireland Practice and Education Council for Nursing and Midwifery (Appointments and Procedure) Regulations (Northern Ireland) 2002

154

In regulation 10 of the Northern Ireland Practice and Education Council for Nursing and Midwifery (Appointments and Procedure) Regulations (Northern Ireland) 2002[^f00261] (disclosure of pecuniary interest etc), in paragraph (4), in the words after paragraph (b), for “married persons living together the interest of one spouse” substitute “two people who are spouses, or civil partners, of each other and who are living together, the interest of one of them”.

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

155

In regulation 3 of the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003[^f00262], after paragraph (3) insert—

(4) For the purposes of paragraph (2), in a comparison of B’s case with that of another person the fact that one of the persons (whether B or not) ismarried to, or the civil partner of, a person of the same sex while the other is married to, or the civil partner of, a person of the opposite sex shall not be treated as a material difference between their respective circumstances.

Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004

156

• (1) The Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004[^f00263] are amended as follows.

• (2) In regulation 2(1)[^f00264] (“couple” to include same sex civil partners and same sex persons living together as civil partners), for the definition of “couple” substitute—

• “couple” means— two people who are married to, or are civil partners of, each other and are members of the same household, or two people who are neither married to, nor are civil partners of, each other but are living together as if spouses of each other;

• (3) In paragraph 51 of Schedule 3 (sum specified in Personal Injuries (Civilians) Scheme 1983 to be disregarded by persons in receipt of a pension under that scheme when calculating income for grant application), for the words “and widowers” substitute “, widowers and civil partners”.

• (4) In paragraph 52 of Schedule 3 (disregard of payments to widow or widower under any of the Dispensing Instruments), after “widower” insert “, or a surviving civil partner,”.

• (5) In paragraph 34 of Schedule 4 (disregard of arrears of payments that would have been disregarded under paragraph 40 of Schedule 3), for “special war widows” substitute “any”.

Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004

157

• (1) Regulation 10 of the Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004[^f00265] (disclosure of pecuniary interest and exclusion of chairman and members in proceedings on account of pecuniary interest) is amended as follows.

• (2) In paragraph (4), in the words after sub-paragraph (b)—

• (a) after “persons” insert “or civil partners”;

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

Foyle Area (Control of Drift and Draft Net Fishing) Regulations 2004

158

• (1) The Foyle Area (Control of Drift and Draft Net Fishing) Regulations 2004[^f00266] are amended as follows.

• (2) In each of the following provisions, after “spouse” insert “or civil partner”—

• (a) regulation 2, in the definition of “single parent”;

• (b) regulation 4(3)(b);

• (c) regulation 4(5);

• (d) regulation 4(6) (in both places “spouse” occurs);

• (e) regulation 4(9)(b);

• (f) regulation 4(11)(b).

• (3) In regulation 5(2), for “or spouse” substitute “, spouse or civil partner”.

• (4) In regulation 6A[^f00267], after “spouse” insert “, civil partner”.

Regulation and Improvement Authority (Registration) Regulations (Northern Ireland) 2005

159

• (1) Regulation 2 of the Regulation and Improvement Authority (Registration) Regulations (Northern Ireland) 2005[^f00268] (interpretation) is amended as follows.

• (2) In paragraph (1), in the definition of “relative”—

• (a) in paragraph (a), after “spouse” insert “or civil partner”;

• (b) in paragraph (b), for “his or his spouse” substitute “the person or the person’s spouse or civil partner”;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nursing Homes Regulations (Northern Ireland) 2005

160

In regulation 2 of the Nursing Homes Regulations (Northern Ireland) 2005[^f00269] (interpretation), in paragraph (1), in the definition of relative—

• (a) in each of paragraphs (a), (b) and (c), after “spouse” insert “or civil partner”;

• (b) for the words from “references” to the end substitute “references to “spouse or civil partner”, in relation to any person, include a former spouse or former civil partner and a person who is living with the person as if they were spouses of each other;”.

Residential Care Homes Regulations (Northern Ireland) 2005

161

In regulation 2 of the Residential Care Homes Regulations (Northern Ireland) 2005[^f00270] (interpretation), in paragraph (1), in the definition of relative—

• (a) in each of paragraphs (a) and (c), after “spouse” insert “or civil partner”;

• (b) for the words from “references” to the end substitute “references to “spouse or civil partner”, in relation to any person, include a former spouse or former civil partner and a person who is living with the person as if they were spouses of each other;”.

Probation Board for Northern Ireland Victim Information Scheme 2005

162

In Article 3(4)(a) of the Probation Board for Northern Ireland Victim Information Scheme 2005[^f00271], after “spouse” insert “or civil partner”.

Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006

163

• (1) Regulation 16 of the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006[^f00272] is amended as follows.

• (2) In paragraph (5) (circumstances in which a restriction is permitted under regulation 16(3) or (4)), after sub-paragraph (b) insert—

; or (c) in connection with a ceremony or event to mark the solemnisation of a marriage or the formation of a civil partnership.

• (3) After paragraph (5) insert—

(5A) Where an act done by a person— (a) would be unlawful but for paragraph (5)(c), and (b) is done by the person— (i) in the course of the person’s employment, or (ii) as agent for another person, the employer or other person does not do anything unlawful under these Regulations only because of being treated by regulation 23 as also doing the act.

• (4) In paragraph (8), after “This regulation” insert “, so far as it relates to a restriction imposed as mentioned in paragraph (5)(a) or (b),”.

Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 2009

164

• (1) Regulation 9 of the Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 2009[^f00273] (disclosure of pecuniary interest and exclusion of Chair and members of the RBSO in proceedings on account of pecuniary interest) is amended as follows.

• (2) In paragraph (4), in the words after sub-paragraph (b)—

• (a) after “persons” insert “or civil partners”;

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

Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009

165

In regulation 9 of the Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009[^f00274] (disclosure of pecuniary interest etc), in paragraph (4), in the words after paragraph (b), for “married persons living together the interest of one spouse” substitute “two people who are spouses, or civil partners, of each other and who are living together, the interest of one of them”.

Assembly Members (Independent Financial Review and Standards) Act (Northern Ireland) 2011

166

In the Assembly Members (Independent Financial Review and Standards) Act (Northern Ireland) 2011[^f00275], in each of the following provisions, in the definition of “cohabitant”, for the words from “of—” to the end substitute “of two people who are living together as if spouses of each other”—

• (a) paragraph 3 of Schedule 1;

• (b) paragraph 3 of Schedule 3.

General Register Office (Fees) Order (Northern Ireland) 2016

167

In the Schedule to the General Register Office (Fees) Order (Northern Ireland) 2016[^f00276], in the footnotes relating to basic marriage searches and enhanced marriage searches—

• (a) for “bride and groom”, in each place it occurs, substitute “the spouses”, and

• (b) for “either bride or groom” substitute “one of the spouses”.

Rate Relief Regulations (Northern Ireland) 2017

168

In regulation 2(1) of the Rate Relief Regulations (Northern Ireland) 2017[^f00277], for the definition of “couple” substitute—

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

PART 11 — Transitional Provision: Opposite-sex Civil Partnerships: Overseas Relationships

Interpretation of Part

169

In this Part—

• “CPA 2004” means the Civil Partnership Act 2004;

• “relevant pre-commencement relationship” means a relationship that is— an overseas relationship treated as a civil partnership for the purposes of CPA 2004 as a result of the amendments made by these Regulations, and registered (under the relevant law within the meaning of Chapter 2 of Part 5 of CPA 2004) as having been entered into before 13th January 2020.

Overseas relationship dissolved etc before 13th January 2020: treatment as civil partnership

170

The following provisions are specified for the purposes of section 215(5H)(b) of CPA 2004[^f00278]—

• (a) the Fatal Accidents (Northern Ireland) Order 1977[^f00279];

• (b) the Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979[^f00280];

• (c) in the case of a marriage solemnised on or after 13th January 2020, Article 18 (prohibited degrees of relationship) of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984[^f00281];

• (d) in the case of a bankruptcy where the bankruptcy order was made on or after 13th January 2020, the following provisions of the Insolvency (Northern Ireland) Order 1989[^f00282]—

• (i) Article 256A (bankrupt’s home ceasing to form part of estate),

• (ii) Article 286 (charge on bankrupt’s home),

• (iii) Article 286A (low value home: application for sale, possession or charge),

• (iv) Article 305 (saving for bankrupt’s home), and

• (v) Article 337 (inquiry into bankrupt’s dealings and property);

• (e) Schedule 1 to the Children (Northern Ireland) Order 1995[^f00283] (financial provision for children);

• (f) the following provisions of the Family Homes and Domestic Violence (Northern Ireland) Order 1998[^f00284]—

• (i) Article 11 (occupation orders where applicant has estate etc or has home rights),

• (ii) Article 13 (one former spouse or former civil partner with no existing right to occupy),

• (iii) Article 15 (neither spouse or civil partner entitled to occupy), and

• (iv) Schedule 2 (transfer of certain tenancies on divorce etc or on separation of cohabitees);

• (g) in the case of a notice of marriage given on or after 13th January 2020, marriage notices prescribed by the Marriage Regulations (Northern Ireland) 2003[^f00285] under Article 3 (notice of intention to marry) of the Marriage (Northern Ireland) Order 2003[^f00286];

• (h) in the case of a marriage solemnised on or after 13th January 2020, Article 5[^f00287] (power to require evidence) of the Marriage (Northern Ireland) Order 2003; and

• (i) the following provisions of CPA 2004—

• (i) section 141 (power to require evidence of name etc),

• (ii) section 193 (applications under section 191 by former civil partners), and

• (iii) Schedule 12 (prohibited degrees of relationship).

Overseas relationships: transitional modifications of CPA 2004: dissolution, finances etc

171

• (1) Section 165 of CPA 2004 (time bar on applications for dissolution orders) applies in relation to a relevant pre-commencement relationship as if for “formation of the civil partnership” there were substituted “registration of the overseas relationship”.

• (2) Paragraph 16(2)(d) of Schedule 15 to CPA 2004 (including as it applies by virtue of paragraph 10(3)(a) of Schedule 17 of CPA 2004) applies to an application made under Part 1 of Schedule 15, or Part 1 of Schedule 17, to CPA 2004 in relation to a relevant pre-commencement relationship as if for “the duration of the civil partnership” there were substituted “the duration of the overseas relationship by virtue of which they are treated as having formed a civil partnership”.

• (3) Paragraph 5(2)(d) of Schedule 16 to CPA 2004 applies to an application made under Part 1 of that Schedule in relation to a relevant pre-commencement relationship as if for “duration of the civil partnership” there were substituted “duration of the overseas relationship by virtue of which they are treated as having formed a civil partnership”.

Pre-13th January 2020 will is not revoked by recognition of existing overseas relationship

172

Where a person—

• (a) is treated as a civil partner by virtue of a relevant pre-commencement relationship, and

• (b) has, before 13th January 2020, made a will,

Requirements for existing overseas relationship to be recognised as civil partnership

173

• (1) Paragraph (2) applies in relation to a relationship that would, disregarding—

• (a) this regulation, and

• (b) section 212(1)(b)(ii) of CPA 2004 as it applies without this regulation,

be a relevant pre-commencement relationship.

• (2) Section 212(1)(b) of CPA 2004 has effect as if, for sub-paragraph (ii), there were substituted—

(ii) neither of whom was, when the relationship was registered— (aa) lawfully married, (bb) a civil partner, or (cc) in another relationship registered as mentioned above, which continues to subsist at the start of 13 January 2020 and is at that time an overseas relationship treated as a civil partnership for the purposes of this Act, (iii) neither of whom is, immediately before 13 January 2020, lawfully married or a civil partner.

Disapplication and modification of earlier transitional provision

174

• (1) Articles 3 and 4 of the Civil Partnership (Treatment of Overseas Relationships) Order (Northern Ireland) 2005[^f00289] do not apply in relation to a relevant pre-commencement relationship.

• (2) Article 5 of that Order does not apply in relation to a relationship within regulation 173(1).

Signed

Julian Smith — Secretary of State — Northern Ireland Office — 2019-12-19

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations enable civil same-sex marriage and opposite-sex civil partnerships in Northern Ireland/under Northern Ireland law.

Part 2 removes the current legal impediments to same-sex marriage in Northern Ireland. It allows consular and armed forces marriages overseas to be formed under Northern Ireland law. It provides that same-sex marriages formed elsewhere in the UK or overseas, previously treated as civil partnerships, are now recognised as marriages in Northern Ireland. It also makes overall provision that the effect of the introduction of same-sex marriage in Northern Ireland is recognised throughout Northern Ireland law.

Part 3 amends the eligibility criteria for registering as civil partners in Northern Ireland by removing the current same-sex requirement. It permits certain opposite-sex relationships formed in other countries, which are not marriages, to be treated as civil partnerships in Northern Ireland.

Part 4 amends legislation relating to children and parenthood to provide opposite-sex parents in a civil partnership with generally the same rights as opposite-sex married parents in a number of areas relating to parenthood.

Part 5 amends the Gender Recognition Act 2004 (c.7), which enables individuals to apply for a gender recognition certificate to change their legal gender. The changes allow applicants to obtain a full gender recognition certificate without the need first to divorce or dissolve their civil partnership, provided their spouse or civil partner consents.

Parts 6 and 7 make consequential changes to pensions and social security legislation, both primary and secondary, in Northern Ireland, particularly in relation to survivor benefits. Part 8 makes amendments in relation to public sector pension schemes.

Parts 9 and 10 make other consequential changes to primary and secondary legislation to reflect that married couples may now be of the same sex and civil partners may now be of the opposite sex.

Part 11 makes transitional arrangements relating to opposite-sex civil partnerships and overseas relationships.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Same-Sex Marriage/Opposite-Sex Civil Partnerships Delivery team, Northern Ireland Office, 1 Horse Guards Road, London SW1A 2HQ.

Footnotes

[^f00001]: 2019 c.22.

[^f00002]: S.I. 2003/413 (N.I. 3).

[^f00003]: S.I. 1978/1045 (N.I. 15).

[^f00004]: 2018 c.28.

[^f00005]: S.I. 2014/560.

[^f00006]: 2013 c.30.

[^f00007]: S.I. 2014/3229.

[^f00008]: 2004 c.33. In section 1(3), paragraph (b) was inserted (and part of the existing text re-numbered as paragraph (a)) by paragraph 34 of Schedule 7 to the Marriage (Same Sex Couples) Act 2013.

[^f00009]: 1977 c.15.

[^f00010]: 1892 c.23 (55 & 56 Vict.). The 1892 Act was repealed, so far as extending to England and Wales, and Scotland, by section 13(2) of the Marriage (Same Sex Couples) Act 2013.

[^f00011]: 2013 c.30.

[^f00012]: S.I. 2014/3265.

[^f00013]: S.I. 1970/1539, made under 1892 c.23 and revoked in relation to England and Wales, and Scotland, by article 17 of S.I.2014/1110.

[^f00014]: S.I. 2014/1108.

[^f00015]: S.R. (N.I.) 2003/468. Relevant amendments were made by S.R. (N.I.) 2005/532 and S.R. (N.I.) 2014/296.

[^f00016]: Section 212(1A) was inserted by paragraph 29(1) and (2) of Schedule 1 to S.I. 2014/560 with UK extent (see article 6).

[^f00017]: Section 215, as it extends to England and Wales, was amended (and, in particular, subsections (5A) to (5D) were inserted) by S.I. 2019/1458.

[^f00018]: Section 237(2)(b)(ii), as it extends to England & Wales, was amended by S.I. 2019/1458.

[^f00019]: S.I. 2005/2761; article 4 was amended by S.I. 2012/3063, and article 4(4A) is inserted by regulation 38 of S.I. 2019/1458.

[^f00020]: S.I. 2005/3104.

[^f00021]: S.R. (N.I.) 2005/482. Schedule 1 was amended by regulation 2(4) of S.R. (N.I.) 2014/297.

[^f00022]: 2001 c.12 (N.I.).

[^f00023]: S.I. 1976/1041 (N.I. 14).

[^f00024]: Article 2(2A) was inserted by paragraph 83 of Schedule 9 to the Children (Northern Ireland) Order 1995.

[^f00025]: Article 14 was substituted by paragraph 84 of Schedule 9 to the Children (Northern Ireland) Order 1995.

[^f00026]: Article 18(1)(b) was substituted by paragraph 85 of Schedule 9 to the Children (Northern Ireland) Order 1995.

[^f00027]: Article 37(7)(a) and (b) were substituted by paragraph 88 of Schedule 9 to the Children (Northern Ireland) Order 1995; Article 37(7)(b) as so substituted was further substituted by paragraph 66(b) of Schedule 6 to the Human Fertilisation and Embryology Act 2008 (c.22).

[^f00028]: 1928 c.5 (N.I.); section 1 was amended by section 1 of the Legitimacy Act (Northern Ireland) 1961 (c.5 (N.I.)), and sections 1, 8 and 11 were amended by paragraphs 57 to 59 of Schedule 6 to the Human Fertilisation and Embryology Act 2008.

[^f00029]: 1961 c.5 (N.I.); section 2 was amended by paragraph 14 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).

[^f00030]: S.I. 1995/755 (N.I. 2). In Article 155, subsections (3)(ba) and (bb) and (4A) to (4D) were inserted by paragraph 75 of Schedule 6 to the Human Fertilisation and Embryology Act 2008.

[^f00031]: 2008 c.22.

[^f00032]: Section 35 was amended (for England and Wales) by paragraph 38 of Schedule 7 to the Marriage (Same Sex Couples) Act 2013 and (for Scotland) by paragraph 18(2) of Schedule 5 to S.I. 2014/3229.

[^f00033]: 1976 c.31; section A1 is inserted by S.I. 2019/1458.

[^f00034]: 2001 c.12 (N.I.); section 2(1)(a) is amended by these Regulations.

[^f00035]: Section 40(1)(b) was amended (for England and Wales) by paragraph 39 of Schedule 7 to the Marriage (Same Sex Couples) Act 2013 and (for Scotland) by paragraph 18(3) of Schedule 5 to S.I. 2014/3229.

[^f00036]: Section 41 was amended (for England and Wales) by paragraph 40 of Schedule 7 to the Marriage (Same Sex Couples) Act 2013 and (for Scotland) by paragraph 18(4) of Schedule 5 to S.I. 2014/3229.

[^f00037]: Section 46 was amended (for England and Wales) by paragraph 41 of Schedule 7 to the Marriage (Same Sex Couples) Act 2013 and (for Scotland) by paragraph 18(5) of Schedule 5 to S.I. 2014/3229.

[^f00038]: Article 7(1) was amended, and Article 7(1A) was inserted, by section 1 of the Family Law Act (Northern Ireland) 2001 (c.12); Article 7(1) was amended, and Article 7(1ZB) was inserted, by paragraph 72 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 (c.22).

[^f00039]: S.R. (N.I.) 1996 No. 455.

[^f00040]: Regulation 2 was substituted (and the Schedule was re-numbered as Part 1 of the Schedule, and Part 2 of the Schedule was inserted) by paragraph 12 of Schedule 1, and by Schedule 2, to the Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892).

[^f00041]: 1969 c.22 (N.I.); sections 1 and 2 were substituted by paragraph 6 of Schedule 4 to the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)).

[^f00042]: In Article 2, paragraphs (4) and (5) were inserted by paragraph 139 of Schedule 9 to S.I. 1995/755 (N.I. 2).

[^f00043]: Article 13(3) was amended by Schedule 1 to the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)) and by paragraph 1(1)(d) of Schedule 6 to the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c.1 (N.I.)).

[^f00044]: Article 14 was substituted by paragraph 141 of Schedule 9 to the Children (Northern Ireland) Order 1995.

[^f00045]: Article 15(1)(a) was amended by section 203(4) of the Civil Partnership Act 2004.

[^f00046]: Article 20(3) was inserted by paragraph 146 of Schedule 9 to the Children (Northern Ireland) Order 1995.

[^f00047]: type=start slip=2021-01-01 time=13118624841S.R. 1989/253type=end slip=2021-01-01 time=1311862474841.

[^f00048]: S.R. (N.I.) 2003 No. 16.

[^f00049]: S.I. 1996/467.

[^f00050]: S.I. 1985/1638 (N.I. 17).

[^f00051]: Article 2(2)(d) was inserted by paragraph 120 Schedule 9 to the Children (Northern Ireland) Order 1995.

[^f00052]: Article 3(2)(b) was substituted by paragraph 121(3) of Schedule 9 to the Children (Northern Ireland) Order 1995.

[^f00053]: Article 4(2) and (3) were substituted by paragraph 122(3) of Schedule 9 to the Children (Northern Ireland) Order 1995.

[^f00054]: In Article 2(2), the definition of “child” was amended by Schedule 9 to the Children (Northern Ireland) Order 1995.

[^f00055]: In Article 49, paragraphs (2) and (3) were inserted by regulation 3 of S.I. 2001/660. Other non-relevant amendments have been made to Article 49.

[^f00056]: S.I. 1980/563 (N.I. 5). In Article 2(2), the definition of “child” was amended by Schedule 9 to the Children (Northern Ireland) Order 1995.

[^f00057]: S.I. 1989/677 (N.I. 4).

[^f00058]: type=start slip=2021-01-01 time=13118624842S.R. 1996/451type=end slip=2021-01-01 time=1311862474842.

[^f00059]: 2004 c.7.

[^f00060]: Sections 2(3A), 3(9), 3A and 3B, and paragraph 4(3) of Schedule 1, were inserted (with England and Wales, and Scotland, extent) by Part 2 of Schedule 5 to the Marriage (Same Sex Couples) Act 2013. Section 3B is amended by S.I. 2019/1458.

[^f00061]: Sections 2(3C), 3(11), 3E and 3F were inserted (with England and Wales, and Scotland, extent) by paragraph 15(1) to (4) of Schedule 5 to S.I. 2014/3229.

[^f00062]: Section 11B was inserted (with UK extent) by Part 1 of Schedule 5 to the Marriage (Same Sex Couples) Act 2013 and is substituted (as it extends to England & Wales) by S.I. 2019/1458.

[^f00063]: Sections 11C and 11D (so far as extending to Scotland) were inserted by the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) and (so far as extending to England and Wales) by S.I. 2014/3229.

[^f00064]: Section 21(1A) was inserted by Part 1 of Schedule 5 to the Marriage (Same Sex Couples) Act 2013 and amended by S.I. 2014/3229.

[^f00065]: Section 21(2) to (5) were amended by the Civil Partnership Act 2004 and Part 1 of Schedule 5 to the Marriage (Same Sex Couples) Act 2013, and repealed (so far as extending to Scotland) by the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5).

[^f00066]: The definitions of “protected civil partnership” and “protected marriage” were inserted (with UK extent and with effect from 10.12.2014) by Part 1 of Schedule 5 to the Marriage (Same Sex Couples) Act 2013. Section 25, as it extends to Scotland, was renumbered (with effect from 16.12.2014) as section 25(1) by the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5). The definition of “protected civil partnership”, as it extends to England & Wales, is amended by S.I. 2019/1458.

[^f00067]: Section 4A was inserted by Part 1 of Schedule 5 to the Marriage (Same Sex Couples) Act 2013.

[^f00068]: S.I. 2014/3229.

[^f00069]: 1925 c.2 (N.I.) (15 & 16 Geo. 5).

[^f00070]: 1951 c.20 (N.I.).

[^f00071]: Section 7 was substituted by S.I. 1991/2631 (N.I. 24) and amended by S.I. 2005/3325.

[^f00072]: 1959 c.25 (N.I.).

[^f00073]: Section 123 was substituted by S.I. 1991/2631 (N.I. 24) and amended by S.I. 2005/3325.

[^f00074]: Section 124(4) was amended by S.I. 2005/3325.

[^f00075]: Schedule 2B was inserted by article 32 of S.I. 2005/3325.

[^f00076]: 1960 c.2 (N.I.), formerly the Resident Magistrates’ Pensions Act (Northern Ireland) 1960, but renamed by S.R. (N.I.) 2008/154.

[^f00077]: S.R. (N.I.) 1989/100. The inserted section 4A was amended by S.I. 2005/3325.

[^f00078]: Section 5 was substituted by S.I. 1991/2631 (N.I. 24) and amended by S.I. 2005/3325.

[^f00079]: Sections 6(4) was amended by S.I. 2005/3325.

[^f00080]: Sections 12 and 13 were amended by S.I. 1991/2631 (N.I. 24).

[^f00081]: Part 2 of Schedule 2 was inserted by article 45 of S.I. 2005/3325.

[^f00082]: 1964 c.29 (N.I.).

[^f00083]: Section 2A was inserted by S.R. (N.I.) 1989/124.

[^f00084]: 1966 c.27 (N.I.).

[^f00085]: 1969 c.7 (N.I.).

[^f00086]: 1975 c.15. In Schedule 10, paragraph 7B was inserted by paragraph 7(4) of the Judicial Retirement and Pensions Act 1993 (c.8).

[^f00087]: S.I. 1975/1503 (N.I. 15). In Article 69, paragraphs (5ZB) and (5ZC) were inserted by section 110 of the Pensions (No. 2) Act (Northern Ireland) 2008 (c.13 (N.I.)).

[^f00088]: S.I. 1979/925 (N.I. 9). Article 5(2A) and (2B) were inserted by section 53 of the Welfare Reform Act (Northern Ireland) 2007 (c.2 (N.I.)).

[^f00089]: S.I. 1989/1342 (N.I. 13).

[^f00090]: S.I. 1991/2628 (N.I. 23).

[^f00091]: In Article 27(2), Case A1 was inserted by section 15 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c.4 (N.I.).

[^f00092]: Article 32L was inserted by section 16 of the Child Maintenance Act (Northern Ireland) 2008 (c.10 (N.I.)).

[^f00093]: 2000 c.4 (N.I). See section 1(3) and Schedule 1. The substituted paragraph 10C(5) and (6) were subsequently further substituted by paragraph 12 of Schedule 4 to the Civil Partnership Act 2004.

[^f00094]: Paragraph 6(5)(b) was substituted, and paragraph 6(5A) was inserted, by paragraph 10 of Schedule 24 to the Civil Partnership Act 2004.

[^f00095]: 1992 c.4. Section 171ZL was inserted by section 4 of the Employment Act 2002 (c.22) and subsection (4B) was inserted by S.I. 2006/2012 and amended by S.I. 2011/1740.

[^f00096]: 1992 c.7.

[^f00097]: Section 37(4)(c) was inserted by paragraph 72 of Schedule 24, and “or” at the end of section 37(4)(a) was omitted by Schedule 30, to the Civil Partnership Act 2004.

[^f00098]: Section 38(3)(d) was inserted by paragraph 73 of Schedule 24, and “or” at the end of section 38(3)(b) was omitted by Schedule 30, to the Civil Partnership Act 2004.

[^f00099]: Section 39A(5)(c) was inserted by paragraph 74 of Schedule 24, and “or” at the end of section 39A(5)(a) was omitted by Schedule 30, to the Civil Partnership Act 2004.

[^f00100]: Section 48 was amended by paragraph 78 of Schedule 24 to the Civil Partnership Act 2004 and by paragraph 48 of Schedule 12 to the Pensions Act (Northern Ireland) 2015 (c.5 (N.I.)).

[^f00101]: Section 48A was substituted by S.I. 1995/3213 (N.I. 22) and was further substituted by paragraph 52 of Schedule 12 to the Pensions Act (Northern Ireland) 2015 (c.5 (N.I.)).

[^f00102]: Section 48AA was substituted by paragraph 52 of Schedule 12 to the Pensions Act (Northern Ireland) 2015 (c.5 (N.I.)).

[^f00103]: Section 48B was substituted by S.I. 1995/3213 (N.I. 22) and subsections (1) to (1B) were further substituted by paragraph 53 of Schedule 12 to the Pensions Act (Northern Ireland) 2015 (c.5 (N.I.)).

[^f00104]: Section 51 was substituted by paragraph 56 of Schedule 12 to the Pensions Act (Northern Ireland) 2015 (c.5 (N.I.)).

[^f00105]: In section 62(1), paragraph (aa) was inserted by, and paragraphs (a) and (b) were amended by, S.I. 1995/3213 (N.I. 22), paragraph (ab) was inserted by paragraph 87 of Schedule 24 to the Civil Partnership Act 2004, paragraph (ac) was inserted by S.R. (N.I.) 2005/471, paragraph (c) was inserted by, and paragraph (a) was amended by, S.I. 2005/255 (N.I. 1), and paragraph (c) was amended by S.R. (N.I.) 2005/434.

[^f00106]: Section 77(9) was amended by paragraph 30 of Schedule 1 to the Child Benefit Act 2005 (c.6).

[^f00107]: Section 121(1A) was inserted by paragraph 95 of Schedule 24 to the Civil Partnership Act 2004.

[^f00108]: In section 133, the definition of “couple” in subsection (1), and subsection (1A), were inserted by paragraph 99 of Schedule 24 to the Civil Partnership Act 2004.

[^f00109]: Section 141A was inserted by section 55 of the Tax Credits Act 2002 (c.21), and relevant amendments were made by paragraph 101 of Schedule 24 to the Civil Partnership Act 2004.

[^f00110]: Section 167ZL was inserted by S.I. 2002/2836 (N.I. 2), and subsection (4)(b) was amended by paragraph 103 of Schedule 24 to the Civil Partnership Act 2004.

[^f00111]: S.I. 1987/2203 (N.I. 22). Article 2(6) to (8) are inserted by these Regulations.

[^f00112]: Paragraph 5A was inserted by the Pensions Act (Northern Ireland) 2008 (c.1 (N.I.)) and paragraphs 5(1) and 5A(1)(b) were substituted by the Pensions Act (Northern Ireland) 2015 (c.5 (N.I.)).

[^f00113]: Paragraphs 5 to 6 were substituted by S.I. 1995/3213 (N.I. 22) and are prospectively repealed by the Pensions Act (Northern Ireland) 2012 (c.3 (N.I.)).

[^f00114]: Paragraph 6A was inserted by S.R. (N.I). 2005/434, and would have been repealed by section 3(5) of the Pensions Act (Northern Ireland) 2012 (c.3 (N.I)) but section 3(5) was itself repealed, before fully coming into force, by paragraph 82 of Schedule 12 to the Pensions Act (Northern Ireland) 2015 (c.5 (N.I.)).

[^f00115]: Paragraph 4(3)(a) was substituted, and paragraph 15(3) was amended, by paragraph 105 of Schedule 24 to the Civil Partnership Act 2004.

[^f00116]: Paragraph 4(2) was amended by paragraph 44 of Schedule 1 to the Child Benefit Act 2005 (c.6).

[^f00117]: 1992 c.8.

[^f00118]: S.R. (N.I.) 2006/478.

[^f00119]: 1993 c.49.

[^f00120]: A relevant amendment was made by S.R. (N.I.) 2005/433.

[^f00121]: Relevant amendments were made by the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c.4 (N.I.)), S.R. (N.I.) 2005/433 and paragraph 17 of Schedule 13 to the Pensions Act (Northern Ireland) 2015 (c.5 (N.I.)).

[^f00122]: Section 20D was inserted by section 12(3) of the Pensions Act (Northern Ireland) 2008 (c.1 (N.I.)).

[^f00123]: Section 33 was substituted by S.I. 1995/3213 (N.I. 22), and section 33(4) was amended by S.R. (N.I.) 2005/433.

[^f00124]: In section 43(1) a relevant amendment is made by S.R. (N.I.) 2005/433.

[^f00125]: 2016 c.1 (N.I.). See paragraph 4 of Schedule 1.

[^f00126]: In section 80(5) a relevant amendment is made by S.R. (N.I.) 2005/434.

[^f00127]: Paragraph 1(1E) was inserted by Schedule 1 to the Pensions (No.2) Act (Northern Ireland) 2008 (c.13 (N.I.)).

[^f00128]: S.I. 1995/2705 (N.I. 15). In Article 2, the definition of “couple” in paragraph (2), and paragraph (2A), were inserted by paragraph 130 of Schedule 24 to the Civil Partnership Act 2004.