Search Legislation

Family Law (Scotland) Act 2006

Status:

This is the original version (as it was originally enacted).

Financial provision

16Financial provision: valuation of matrimonial property

In section 10 of the Family Law (Scotland) Act 1985 (c. 37) (which provides for the sharing of the value of matrimonial property and fixes the date of its valuation)—

(a)in subsection (2), at the beginning there shall be inserted “Subject to subsection (3A) below,”; and

(b)after subsection (3), there shall be inserted—

(3A)In its application to property transferred by virtue of an order under section 8(1)(aa) of this Act this section shall have effect as if—

(a)in subsection (2) above, for “relevant date” there were substituted “appropriate valuation date”;

(b)after that subsection there were inserted—

(2A)Subject to subsection (2B), in this section the “appropriate valuation date” means—

(a)where the parties to the marriage or, as the case may be, the partners agree on a date, that date;

(b)where there is no such agreement, the date of the making of the order under section 8(1)(aa).

(2B)If the court considers that, because of the exceptional circumstances of the case, subsection (2A)(b) should not apply, the appropriate valuation date shall be such other date (being a date as near as may be to the date referred to in subsection (2A)(b)) as the court may determine.; and

(c)subsection (3) did not apply..

17Financial provision on divorce and dissolution of civil partnership: Pension Protection Fund

(1)The Family Law (Scotland) Act 1985 (c. 37) shall be amended in accordance with subsections (2) to (5).

(2)In section 8 (orders for financial provision), after subsection (4) there shall be inserted—

(4A)The court shall not make a pension sharing order, or an order under section 12A(2) or (3) of this Act, in relation to matrimonial property, or partnership property, consisting of compensation such as is mentioned in section 10(5A)..

(3)In section 10 (sharing of value of property)—

(a)in each of subsections (4) and (4A), for “subsection (5)” there shall be substituted “subsections (5) and (5A)”;

(b)in subsection (5), after “(4)(b)” there shall be inserted “or (4A)(b)”;

(c)after subsection (5) there shall be inserted—

(5A)Where either person is entitled to compensation payable under Chapter 3 of Part 2 of the Pensions Act 2004 (c. 35) or any provision in force in Northern Ireland corresponding to that Chapter, the proportion of the compensation which is referable to the period to which subsection (4)(b) or (4A)(b) above refers shall be taken to form part of the matrimonial property or partnership property.;

(d)after subsection (8A) there shall be inserted—

(8B)The Scottish Ministers may by regulations make provision for or in connection with the verification, or apportionment, of compensation such as is mentioned in subsection (5A).; and

(e)in subsection (9), after “(8)” there shall be inserted “or (8B)”.

(4)In section 12A (orders for payment of capital sum: pensions lump sum)—

(a)after subsection (7) there shall be inserted—

(7A)Where—

(a)the court makes an order under subsection (3); and

(b)after the making of the order the Board gives the trustees or managers of the scheme a notice under section 160 of the Pensions Act 2004 (c. 35) (“the 2004 Act”), or the Northern Ireland provision, in relation to the scheme,

the order shall, on the giving of such notice, be recalled.

(7B)Subsection (7C) applies where—

(a)the court makes an order under subsection (2) imposing requirements on the trustees or managers of an occupational pension scheme; and

(b)after the making of the order the Board gives the trustees or managers of the scheme a notice under section 160 of the 2004 Act, or the Northern Ireland provision, in relation to the scheme.

(7C)The order shall have effect from the time when the notice is given—

(a)as if—

(i)references to the trustees or managers of the scheme were references to the Board; and

(ii)references to any lump sum to which the person with benefits under a pension arrangement is or might become entitled under the scheme were references to the amount of any compensation payable under that Chapter of the 2004 Act, or the Northern Ireland provision, to which that person is or might become entitled in respect of the lump sum; and

(b)subject to such other modifications as may be prescribed by regulations by the Scottish Ministers.;

(b)in subsection (9), for “subsection” there shall be substituted “subsections (7C)(b) and”; and

(c)after subsection (10) there shall be added—

(11)In subsections (7A) to (7C) “the Northern Ireland provision”, in relation to a provision of the 2004 Act, means any provision in force in Northern Ireland corresponding to the provision of that Act..

(5)In section 16 (agreements on financial provision), after subsection (2A) there shall be inserted—

(2B)Subsection (2C) applies where—

(a)the parties to a marriage or the partners in a civil partnership have entered into an agreement as to financial provision to be made on divorce or on dissolution of the civil partnership; and

(b)the agreement includes provision in respect of a person’s rights or interests or benefits under an occupational pension scheme.

(2C)The Board of the Pension Protection Fund’s subsequently assuming responsibility for the occupational pension scheme in accordance with Chapter 3 of Part 2 of the Pension Act 2004 (c. 35) or any provision in force in Northern Ireland corresponding to that Chapter shall not affect—

(a)the power of the court under subsection (1)(b) to make an order setting aside or varying the agreement or any term of it;

(b)on an appeal, the powers of the appeal court in relation to the order..

18Financial provision: incidental orders

In subsection (2) of section 14 of the Family Law (Scotland) Act 1985 (c. 37) (incidental orders), after paragraph (j) there shall be inserted—

(ja)in relation to a deed relating to moveable property, an order dispensing with the execution of the deed by the grantor and directing the sheriff clerk to execute the deed;.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources