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The Divorce etc (Pensions) (Scotland) Regulations 1996

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Interpretation

2.—(1) Unless the contrary intention appears, in these Regulations–

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

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

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

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

“benefits under a pension scheme” has the same meaning as in section 10(10), subject to section 12A(10) and any reference to the rights or interests which a party has or may have in benefits under a pension scheme 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 same meaning as in section 124 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 scheme” has the same meaning as in section 10(10);

“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);

“trustee or manager of a pension scheme” shall be construed as in section 10(11),

and any expression used in regulations 5 to 10 to which a meaning is assigned in section 12A shall have the same meaning in these Regulations as in that section.

(2) Unless the contrary intention appears, 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.

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