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The Divorce etc. (Pensions) (Scotland) Regulations 2000

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Interpretation

2.—(1) In these Regulations–

the Act” means the Family Law (Scotland) Act 1985;

“the 1993 Act” means the Pension Schemes Act 1993(1);

“the 1995 Act” means the Pensions Act 1995(2);

“the 1999 Act” means the Welfare Reform and Pensions Act 1999(3);

“active member” has the same meaning as in section 124(1) of the 1995 Act;

“benefits under a pension arrangement” has the same meaning as in section 27(1)(4), subject to section 12A(10)(5) and any reference to the rights or interests which a party has or may have in benefits under a pension arrangement includes a reference to the rights or interests which a party has or may have in such benefits which are payable in respect of the death of either party;

“deferred member” has the meaning given by section 124(1) of the 1995 Act;

“a party” means a party to a marriage;

“occupational pension scheme” has the same meaning as in section 1 of the 1993 Act;

“pension arrangement” has the same meaning as in section 46(1) of the 1999 Act;

“person responsible for a pension arrangement” has the same meaning as in section 46(2) of the 1999 Act;

“personal pension scheme” has the same meaning as in section 1 of the 1993 Act but, as if the reference to employed earners in that definition were to any earner;

“matrimonial property” has the same meaning as in section 10(4) and (5);

“relevant date” has the same meaning as in section 10(3);

“salary related occupational pension scheme” has the meaning given in regulation 1A of the Occupational Pension Schemes (Transfer Values) Regulations 1996(6).

(2) Any reference in these Regulations to–

(a)a numbered section is to a section bearing that number in the Act;

(b)a numbered regulation is to a regulation bearing that number in these Regulations.

(4)

The definitions of “benefits under a pension arrangement” and “pension arrangement” were inserted by the 1999 Act, Schedule 12, paragraph 12.

(5)

Section 12A(10) was substituted by the 1999 Act, Schedule 12, paragraph 9(9).

(6)

S.I. 1996/1847; regulation 1A was inserted by S.I. 1997/786, regulation 12(3).

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