The Divorce etc (Pensions) (Scotland) Amendment Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Divorce etc (Pensions) (Scotland) Regulations 1996 (S.I. 1996/1901) (“the principal Regulations”), which 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.

These Regulations do not affect any action for divorce commenced before 6th April 1997 or any action for declarator of nullity of marriage commenced before that date (regulation 1(2)).

These Regulations provide for–

(a) the manner of valuation of salary related occupational pension schemes as governed by the amendments to the Pension Schemes Act 1993 (c. 48) effected by sections 152 to 154 of the Pensions Act 1995 (c. 26) which come into force on 6th April 1997 (regulations 3(1) and 4(1) and (2)).

(b) the manner of valuation of certain pension benefits which are excluded from the scope of the provisions of Chapter IV of Part IV of the Pension Schemes Act 1993 (which provides for the calculation of transfer values), namely pension benefits under occupational pension schemes within a year of payment and under a personal pension scheme comprised in an annuity contract made before 4th January 1988 (regulation 3):

(c) the updating of references to regulations, which have been replaced since the principal Regulations were made (regulations 4(3) and 5(1));

(d) a limitation upon the expenses which may be recovered by the trustees or managers of a pension scheme in providing information for the purposes of the principal Regulations where the request is made on or after 6th April 1997 (regulation 5(2));

(e) information to be provided to the trustees or managers of a pension scheme by the other party to the marriage after all the rights of the liable party have been transferred to another scheme (regulations 6, 7 and 8).