The Teachers' Superannuation (Scotland) Regulations 2005

Benefits not assignable

E38.—(1) Any assignation of or charge on, or agreement to assign or charge, any benefit under this Part shall be void.

(2) On the sequestration of the estate of a person entitled to any such benefit or on the bankruptcy of such a person, no part of the benefit shall pass to any trustee or other person acting on behalf of the creditors, except as provided in paragraph (3).

(3) Nothing in paragraph (2) shall affect the powers of the Court under section 32(2) and (4) of the Bankruptcy (Scotland) Act 1985(1) or under section 310 of the Insolvency Act 1986(2), as the case may be.

(1)

1985 c. 66. Section 32(2) is amended by the Pensions Act 1995 (c. 26), Schedule 3 and its effect modified by the Welfare and Pensions Reform Act 1999 (c. 30), Schedule 2, paragraph 1.

(2)

1986 c. 45. Section 310 is amended by the Pensions Act 1995 (c. 26), Schedule 3, the Welfare and Pensions Reform Act 1999 (c. 30) Schedule 2, paragraph 2 and the Enterprise Act 2002 (c. 40), section 259(4) and Schedule 26.