Section 255: Power to amend enactments relating to pensions, Civil Partnership Act 2004

A Minister of the Crown may by order make such amendments, repeals or revocations in any enactment, Northern Ireland legislation, subordinate legislation or Church legislation relating to pensions, allowances or gratuities as he considers appropriate for the purpose of, or in connection with, making provision with respect to pensions, allowances or gratuities for the surviving civil partners or dependants of deceased civil partners.

The power conferred by subsection (1) is also exercisable—

by the Scottish Ministers, if the provision making the amendment, repeal or revocation is a relevant Scottish provision;

by a Northern Ireland department, if the provision making the amendment, repeal or revocation deals with a transferred matter.

In the case of judicial pensions, allowances or gratuities, the power conferred by subsection (1) is exercisable—

in relation to any judicial office whose jurisdiction is exercised exclusively in relation to Scotland, by the Secretary of State, or

subject to paragraph (a), by the Lord Chancellor.

The provision which may be made by virtue of subsection (1)—

may be the same as, or different to, the provision made with respect to widows, widowers or the dependants of persons who are not civil partners, and

may be made with a view to ensuring that pensions, allowances or gratuities take account of rights which accrued, service which occurred or any other circumstances which existed before the passing of this Act.

The power conferred by subsection (1) is not restricted by any provision of this Act.

Before the appropriate person makes an order under subsection (1) he must consult such persons as he considers appropriate.

Subsection (6) does not apply—

to an order in the case of which the appropriate person considers that consultation is inexpedient because of urgency, or

to an order made before the end of the period of 6 months beginning with the coming into force of this section.

Subject to subsection (9), the power to make an order under subsection (1) is exercisable by statutory instrument.

Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

An order under subsection (1) may not be made—

by a Minister of the Crown, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament;

by the Scottish Ministers, unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament;

by a Northern Ireland department, unless a draft of the statutory rule containing the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

In this section—

Section 255: Power to amend enactments relating to pensions

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