The Divorce etc (Pensions) (Scotland) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in connection with certain matters relating to the treatment on divorce or in actions for declarator of nullity of marriage of any pension rights which either party to a marriage may have. The Regulations are made under section 10(8) and (10)) and 12A(8) of the Family Law (Scotland) Act 1985 (c. 37) (“the 1985 Act”), as amended by section 167 of the Pensions Act 1995 (c. 26) (“the 1995 Act”).

These Regulations do not affect any action for divorce commenced before 19th August 1996 or any action for declarator of nullity of marriage commenced before that date (Regulation 1(2)).

The Regulations make provision–

(c) for the manner in which pension benefits are to be calculated and verified for the purposes of the 1985 Act (regulation 3);

(d) for the trustees or managers of any pension scheme to provide information as to that value and for the recovery from the member of the pension scheme of any reasonable administrative expenses incurred by them in providing such information (regulation 4);

(e) for notices to be given in respect of the various changes of circumstances which are relevant to orders made under section 12A(2) or (3) of the 1985 Act (regulations 5 to 9); and

(f) for the recovery by the trustees or managers of a pension scheme from the member of that scheme of any reasonable administrative expenses of complying with orders under section 12A(2) or (3) of the 1985 Act (regulation 10).