The Pensions on Divorce etc. (Pension Sharing) (Scotland) Regulations 2000 No. 1051 (S. 5)

Sharing of State Scheme Rights

Prescribed form of provision corresponding to provision in a pension sharing order under the 1985 Act.

4.  For the purposes of section 48(1)(f)(ii) of the 1999 Act, the provision which corresponds to the provision which may be made by a pension sharing order under the 1985 Act shall be in a form which contains in an annex to, and which is separable from, the qualifying agreement referred to in section 48(1)(f)(i) of the 1999 Act, the following information—

(a) in relation to the party who is the transferor—

(i) full name;

(ii) date of birth;

(iii) address;

(iv) national insurance number, and

(v) [F1 where section 49 of the 1999 Act applies,] details of the specified amount or, as appropriate, the specified percentage of the cash equivalent on the transfer day of the transferor’s [F2 relevant[F2 shareable old]] state scheme rights immediately before that day; [F3 or]

[F4 (vi) where section 49A of the 1999 Act applies, details of the specified percentage of the excess amount of the transferor's state pension under section 4 of the Pensions Act 2014 as at the transfer day;]

(b) in relation to the party who is the transferee—

(i) full name by which the transferee is or will be known;

(ii) date of birth;

(iii) address, and

(iv) national insurance number, and

[F5 (c) a statement by the transferor and the transferee that they have received confirmation from the Secretary of State that shareable state scheme rights are held in the name of the transferor and that on the—

(i) grant of decree of divorce;

(ii) declarator of nullity of marriage;

(iii) dissolution of civil partnership; or

(iv) declarator of nullity of civil partnership,

a pension sharing agreement will be implemented.]

Textual Amendments

F1 Words in reg. 4(a)(v) inserted (6.4.2016) by The State Pension Regulations 2015 (S.I. 2015/173), reg. 1(2), Sch. para. 2(3)(a) (with reg. 1(3))

F2 Words in reg. 4(a)(v) substituted (6.4.2016) by The State Pension Regulations 2015 (S.I. 2015/173), reg. 1(2), Sch. para. 2(3)(b) (with reg. 1(3))

F3 Word in reg. 4(a)(v) inserted (6.4.2016) by The State Pension Regulations 2015 (S.I. 2015/173), reg. 1(2), Sch. para. 2(3)(c) (with reg. 1(3))

F4 Reg. 4(a)(vi) inserted (6.4.2016) by The State Pension Regulations 2015 (S.I. 2015/173), reg. 1(2), Sch. para. 2(4) (with reg. 1(3))

F5 Reg. 4(c) substituted (6.4.2007) by Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 10(3)

Circumstances in which an agreement is to be entered into, in order to be considered a “qualifying agreement" under section 48(1)(f) of the 1999 Act.

5.  A qualifying agreement is, for the purposes of section 48(1)(f) of the 1999 Act, one which the transferor and transferee have entered into in order to determine the financial settlement on divorce [F6 or dissolution of a civil partnership] and in respect of which they have received confirmation from the Secretary of State that shareable state scheme rights are held in the name of the transferor.

Textual Amendments

F6 Words in reg. 5 inserted (6.4.2007) by Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2007 (S.I. 2007/814), regs. 1, 10(4)