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The Divorce etc. (Pensions) (Scotland) Amendment (No. 2) Regulations 2000

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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Divorce etc. (Pensions) (Scotland) Regulations 2000 (“the principal Regulations”). The principal Regulations make provision with respect to the calculation and verification of benefits under a pension arrangement or relevant state scheme rights in relation to actions for divorce or actions for declarator of nullity of marriage.

Regulation 2(2) omits regulation 3A(3) of the principal Regulations. The effect of this is that the date for the purposes of valuing benefits in relevant state scheme rights is the relevant date. The relevant date will be the earlier of the date when the parties ceased to cohabit or the date of service of the court summons.

Regulation 2(3) amends the definitions in regulation 4 to include appropriate references to relevant state scheme rights.

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