Citation commencement and interpretation

1. This Scheme may be cited as the War Pensions (Mercantile Marine) (Amendment) Scheme 2005 and shall come into force on 5th December 2005.

2. “The principal Scheme” means the War Pensions (Mercantile Marine) Scheme 1964( 3 ).

Amendments to the principal Scheme

3. —(1) Schedule 7 to the principal Scheme (commencing dates of awards of benefit) shall be amended as provided in this article.

(2) For paragraph 2(1)(c)(i) substitute—

“ (i) for the sub-head (i) there were substituted—

“ (i) the termination of the claimant’s marriage, judicial separation of the parties, termination of the claimant’s civil partnership, the date of a separation order relating to the claimant’s civil partnership or, as the case may be, the date the claimant ceased to live as a spouse or civil partner with another; ” ; and ” .

(3) For paragraph 2(2) substitute—

“ (2) In this paragraph—

(a) in relation to marriage “termination of marriage” and “judicial separation” have the meanings they bear in section 168 of the Pensions Act 1995;

(b) in relation to civil partners—

(i) the reference to the termination of a civil partnership is to the termination of the civil partnership by death, dissolution or annulment; and

(ii) the reference to separation order includes any legal separation obtained in a country or territory outside the British Islands and recognised in the United Kingdom,

and for those purposes a dissolution, annulment or separation order obtained in a country or territory outside the British Islands must, if the Secretary of State so determines, be treated as recognised in the United Kingdom even though no declaration as to its validity has been made in any court in the United Kingdom. ” .