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The Divorce etc (Pensions) (Scotland) Regulations 1996

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4.—(1) The trustees or managers of a pension scheme shall furnish, within 3 months of being requested to do so, the information described in paragraph (2) below where–

(a)the member of the pension scheme is the pursuer or defender in an action for divorce or an action for declarator of nullity of marriage; and either

(b)that member has requested the information and has not previously received information under this regulation for the purpose of those proceedings; or

(c)the member has been required by the court to request the information.

(2) In the circumstances described in paragraph (1) above–

(a)the trustees or managers of any occupational pension scheme shall furnish in writing the information mentioned in regulation 6(7) of, and paragraphs 8 and 9 of Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1986 to the member of the scheme requesting the information;

(b)the trustees or managers of any personal pension scheme shall furnish in writing the information mentioned in paragraph 2(a) or, where applicable, paragraph 2(b), of Schedule 2 to the Personal Pensions Schemes (Disclosure of Information) Regulations 1987 to the member of the scheme requesting such information.

(3) For the purposes of any information to be furnished under paragraph (1) or (2) above, the value of any rights or interests in any benefits under a pension scheme shall be calculated as mentioned in regulation 3.

(4) The trustees or managers of a pension scheme shall be entitled to recover from the member any reasonable administrative expenses incurred by them in furnishing the information under paragraph (1) or (2) above.

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