The Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000 and shall come into operation on 1st December 2000.

(2) In these Regulations—

“the Act” means the Pension Schemes (Northern Ireland) Act 1993;

“the 1995 Order” means the Pensions (Northern Ireland) Order 1995(1);

“the Matrimonial Causes Act” means the Matrimonial Causes Act 1973(2);

“the Matrimonial Causes Order” means the Matrimonial Causes (Northern Ireland) Order 1978(3);

“the Charging Regulations” means the Pensions on Divorce etc. (Charging) Regulations (Northern Ireland) 2000(4);

“the Implementation and Discharge of Liability Regulations” means the Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 2000(5);

“the Transfer Values Regulations” means the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996(6);

“the Valuation Regulations” means the Pension Sharing (Valuation) Regulations (Northern Ireland) 2000(7);

“active member” has the meaning given by Article 121(1) of the 1995 Order;

“day” means any day other than a public holiday;

“deferred member” has the meaning given by Article 121(1) of the 1995 Order;

“implementation period” has the meaning given by Article 31(1);

“member” means a person who has rights to future benefits, or has rights to benefits payable, under a pension arrangement;

“money purchase benefits” has the meaning given by section 176(1);

“normal benefit age” has the meaning given by section 97B(8);

“notice of discharge of liability” means a notice issued to the member and his former spouse by the person responsible for a pension arrangement when that person has discharged his liability in respect of a pension credit in accordance with Schedule 5;

“notice of implementation” means a notice issued by the person responsible for a pension arrangement to the member and his former spouse at the beginning of the implementation period notifying them of the day on which the implementation period for the pension credit begins;

“occupational pension scheme” has the meaning given by section 1;

“the party with pension rights” and “the other party” have the meanings given by Article 27D(4) of the Matrimonial Causes Order(9);

“pension arrangement” has the meaning given by Article 43(1);

“pension credit” means a credit under Article 26(1)(b);

“pension credit benefit” means the benefits payable under a pension arrangement or a qualifying arrangement to or in respect of a person by virtue of rights under the arrangement in question which are attributable (directly or indirectly) to a pension credit;

“pension credit rights” means rights to future benefits under a pension arrangement or a qualifying arrangement which are attributable (directly or indirectly) to a pension credit;

“pension sharing order or provision” means an order or provision which is mentioned in Article 25(1);

“pensionable service” has the meaning given by Article 121(1) of the 1995 Order;

“person responsible for a pension arrangement” has the meaning given by Article 43(2);

“personal pension scheme” has the meaning given by section 1(10);

“qualifying arrangement” has the meaning given by paragraph 6 of Schedule 5;

“retirement annuity contract” means a contract or scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988(11);

“salary related occupational pension scheme” has the meaning given by regulation 1A of the Transfer Values Regulations(12);

“transfer day” has the meaning given by Article 26(8);

“transferee” has the meaning given by Article 26(8);

“transferor” has the meaning given by Article 26(8);

“trustees or managers” has the meaning given by Article 43(1).

(3) Subject to paragraph (4), the Interpretation Act (Northern Ireland) 1954(13) shall apply to these Regulations as it applies to an Act of the Assembly.

(4) For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

(5) In these Regulations—

(a) any reference to a numbered section is a reference to the section of the Act bearing that number, and

(b) any reference to a numbered Article or Schedule is a reference to the Article of, or Schedule to, the Welfare Reform and Pensions (Northern Ireland) Order 1999(14) bearing that number.

(1)

S.I. 1995/3213 (N.I. 22)

(2)

1973 c. 18

(3)

S.I. 1978/1045 (N.I. 15)

(4)

S.R. 2000 No. 143

(5)

S.R. 2000 No. 145

(6)

S.R. 1996 No. 619; relevant amending regulations are S.R. 1997 No. 160

(7)

S.R. 2000 No. 144

(8)

Section 97B is inserted by Article 34 of the Welfare Reform and Pensions (Northern Ireland) Order 1999

(9)

Article 27D was inserted by Article 162(1) of the Pensions (Northern Ireland) Order 1995 and is amended by paragraph 3 of Schedule 4 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(10)

The definition of “personal pension scheme” is amended by paragraph 2(1)(a) of Schedule 2 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(11)

1988 c. 1

(12)

Regulation 1A was inserted by paragraph 11(3) of the Schedule to S.R. 1997 No. 160

(13)

1954 c. 33 (N.I.)

(14)

S.I. 1999/3147 (N.I. 11)