The Sheriffs' Pensions (Scotland) Act 1961 (Amendment) Regulations 2000

Statutory Instruments

2000 No. 3032 (S. 8)

PENSIONS, SCOTLAND

The Sheriffs' Pensions (Scotland) Act 1961 (Amendment) Regulations 2000

Made

2nd November 2000

Laid before Parliament

10th November 2000

Coming into force

1st December 2000

The Secretary of State, in exercise of the powers conferred upon him by section 43 of the Welfare Reform and Pensions Act 1999(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Sheriffs' Pensions (Scotland) Act 1961 (Amendment) Regulations 2000 and shall come into force on 1st December 2000.

Amendments to the Sheriffs' Pensions (Scotland) Act 1961

2.  The following shall be inserted after section 7 of the Sheriffs' Pensions (Scotland) Act 1961(2):–

“Pension credits: restrictions on payments

7A.   The Secretary of State shall have no power to accept, for the benefit of a person with pension rights under this Act–

(a) a payment under paragraph 1(3) of Schedule 5 to the Welfare Reform and Pensions Act 1999,

(b) a payment under section 95 of the Pension Schemes Act 1993(3), or

(c) any other payment,

to the extent that that payment directly or indirectly represents a pension credit.”.

JOHN REID

Secretary of State for Scotland

2nd November 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations insert a new section into the Sheriffs' Pensions (Scotland) Act 1961. This provides that the Secretary of State, as Administrator of the sheriffs' pensions scheme, may not receive a payment representing a pension credit. Other Regulations provide for the divorced spouse of a scheme member to acquire rights under the scheme constituted by the Judicial Pensions and Retirement Act 1993(4).

(1)

1999 c. 30.

(2)

1961 c. 42.

(3)

1993 c. 48.

(4)

1993 c. 8, as amended by S.I. 2000/2986.