SCHEDULES

SCHEDULE 12Consequential amendments

Part IAmendments consequential on Parts III and IV

Family Law (Scotland) Act 1985 (c. 37)

12In section 27(1), the following definitions are inserted at the appropriate places—

“benefits under a pension arrangement” includes any benefits by way of pension, including relevant state scheme rights, whether under a pension arrangement or not;

“pension arrangement” means—

(a)any occupational pension scheme within the meaning of the [1993 c. 48.] Pension Schemes Act 1993;

(b)a personal pension scheme within the meaning of that Act;

(c)a retirement annuity contract;

(d)an annuity or insurance policy purchased or transferred for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme;

(e)an annuity purchased or entered into for the purpose of discharging liability in respect of a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;

“person responsible for a pension arrangement” means—

(a)in the case of an occupational pension scheme or a personal pension scheme, the trustees or managers of the scheme;

(b)in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of “pension arrangement” above, the provider of the annuity;

(c)in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer;

“relevant state scheme rights” means—

(a)entitlement, or prospective entitlement, to a Category A retirement pension by virtue of section 44(3)(b) of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 or under corresponding Northern Ireland legislation; and

(b)entitlement, or prospective entitlement, to a pension under section 55A of the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (shared additional pension) or under corresponding Northern Ireland legislation;

“retirement annuity contract” means a contract or scheme approved under Chapter III of Part XIV of the [1988 c. 1.] Income and Corporation Taxes Act 1988;

“trustees or managers” in relation to an occupational pension scheme or a personal pension scheme means—

(a)in the case of a scheme established under a trust, the trustees of the scheme; and

(b)in any other case, the managers of the scheme;.