(1)    This Order may be cited as the Civil Partnership (Miscellaneous and Consequential Provisions) Order 2005.

(2)    This Order shall come into force as follows—

(a)    paragraph 1 of Schedule 1, shall come into force on the day after the day on which this Order is made;

(b)    paragraphs 3 and 5 of Schedule 1, and Schedule 2, shall come into force on 5th December 2005;

(c)    article 2 and paragraphs 2 and 4 of Schedule 1, shall come into force on 5th December 2005, immediately after the coming into force of the Civil Partnership (Pensions and Benefit Payments) (Consequential, etc Provisions) Order 2005,

and this article, article 3 and article 4 shall come into force accordingly.

(3)    Subject to paragraphs (4) to (6), this Order extends to England and Wales and Scotland only.

(4)    Article 2, article 3 and this article, also extend to Northern Ireland.

(5)    Article 4, paragraph 3 of Schedule 1, and Schedule 2 extend to Northern Ireland only.

(6)    Paragraph 5 of Schedule 1 does not extend to Scotland.

In article 1 of the Civil Partnership (Pensions and Benefit Payments) (Consequential, etc Provisions) Order 2005 (citation, commencement and extent), in paragraph (4) omit “except paragraph 27(c) of Part 6 of the Schedule and Article 2 in so far as it relates to that paragraph, which extend to Northern Ireland”.

Schedule 1 to this Order, which contains amendments of Acts relating to pensions and benefit payments and the protection of vulnerable adults, and which extends those provisions to civil partners and surviving civil partners, and those living together as if civil partners, shall have effect.

Schedule 2 to this Order, which contains amendments of secondary legislation relating to occupational and personal pensions, and which extends those provisions to civil partners and surviving civil partners, shall have effect.

Signed by authority of the Secretary of State for Work and Pensions

Anne C McGuire

Parliamentary Under-Secretary of State,

Department for Work and Pensions

28th October 2005

1

In section 62 of the Social Security Contributions and Benefits Act 1992 (graduated retirement benefit), after subsection (1)(ab) insert—

“(ac)    for extending section 37 of that Act (increase of woman's retirement pension by reference to her late husband's graduated retirement benefit) to civil partners and their late civil partners who attain pensionable age before 6th April 2010 and for that section (except subsection (5)) so to apply as it applies to men and their late wives;”.

2

In section 129 of the Pension Schemes Act 1993 (overriding requirements), in subsection (3)(e)(i) after “widow, widower or surviving civil partner married” insert “or, as the case may be, formed a civil partnership”.

3

In subsection (2A)(c) of section 51 of the Pension Schemes (Northern Ireland) Act 1993 (payment of state scheme premiums on termination of certified status) for “widow or widower”, substitute “widow, widower or surviving civil partner”.

4

In section 166 of the Pensions Act 1995 (pensions on divorce, etc)—

(a)    after subsection (4), insert—

“(4A)    Nothing in the provisions mentioned in subsection (5) applies to a court exercising its powers under Part 6 of Schedule 5 to the Civil Partnership Act 2004 (making of Part 1 orders having regard to pension benefits).”; and

(b)    in subsection (5), for “subsection (4)” substitute “subsections (4) and (4A)”.

5

In section 80(4A) of the Care Standards Act 2000 (basic definitions)—

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

(b)    after “his or her child,”, omit “and”; and

(c)    after “as if they were husband and wife” insert “and references to “civil partner” include a former civil partner and a person who is living with the person as if they were civil partners”.

1

In the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996—

(a)    in paragraphs (4) and (5) of regulation 37 (circumstances in which the age-related payments are not to be paid)—

(i)    for “widow or widower” substitute “widow, widower or surviving civil partner”; and

(ii)    for “died unmarried” substitute “was not married or a civil partner at the time of his or her death”;

(b)    in regulation 51 (contributions equivalent premiums)—

(i)    in paragraph (1B)(b), after “spouse” insert “or civil partner”;

(ii)    in paragraph (2)(c), for “widow's or widower's” substitute “widow's, widower's or surviving civil partner's”;

(c)    in paragraph (5) of regulation 54 (refund of a contributions equivalent premium), for “widow or widower” (twice) substitute “widow, widower or surviving civil partner”.

2

In paragraphs (6), (7) and (8) of regulation 12 of the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997 (circumstances in which minimum contributions are not to be paid)—

(a)    for “widow or widower”, substitute “widow, widower or surviving civil partner”;

(b)    after “unmarried”, insert “or was not a civil partner at the time of his or her death”.

This Order amends the Civil Partnership (Pensions and Benefit Payments) (Consequential, etc Provisions) Order 2005 (SI 2005/2053) (“the Pensions and Benefits Order”), and certain provisions of Acts and secondary legislation, relating to pensions and benefit payments, and the protection of vulnerable adults, extending those provisions to cover civil partnerships.

Article 2 provides for an amendment to the extent provision in the Pensions and Benefits Order.

Article 3 introduces Schedule 1 to the Order.

Article 4 introduces Schedule 2 to the Order.

Paragraph 1 of Schedule 1 contains an amendment of section 62(1) of the Social Security Contributions and Benefits Act 1992 (c 4) to allow regulations to extend section 37 of the National Insurance Act 1965 (c 51) in order to provide that a surviving civil partner who attains pensionable age before 6th April 2010, may be entitled to graduated retirement benefit on the same conditions as a widower.

Paragraph 2 of Schedule 1 amends section 129 of the Pension Schemes Act 1993 (c 48) to insert a reference to a civil partnership.

Paragraph 3 of Schedule 1 amends section 51 of the Pension Schemes (Northern Ireland) Act 1993 (c 49) to extend the provisions in respect of widows and widowers in this section to surviving civil partners.

Paragraph 4 of Schedule 1 amends section 166 of the Pensions Act 1995 (c 26) which has the effect of disapplying the prohibitions on assignment of private pensions to third parties in a number of statutory provisions in the case of a pension earmarking or attachment order made by a court under the powers contained in Part 6 of Schedule 5 to the Civil Partnership Act 2004 (c 33).

Paragraph 5 of Schedule 1 amends section 80 of the Care Standards Act 2000 (c 14) which sets out a scheme for the protection of vulnerable adults. This amendment extends the same treatment to civil partners of vulnerable adults, to specified relatives of civil partners and to civil partners of their specified relatives, as currently extends to spouses of vulnerable adults, to specified relatives of spouses and to spouses of their specified relatives. It also provides that “civil partner” is to be read as including former civil partners, and those living together as if they were civil partners.

Schedule 2 amends the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 and the Personal Pension Schemes (Appropriate Schemes) Regulations (Northern Ireland) 1997 to extend the provisions to civil partners and surviving civil partners.

An assessment of the impact on business, charities or the voluntary sector of the provisions in this Order is included in the Regulatory Impact Assessment that accompanied the Civil Partnership Act 2004. A copy of that assessment has been placed in the libraries of both Houses of Parliament. Copies may be obtained from the DTI website at www.dti.gov.uk/ria/index.htm#equality.