The Divorce etc. (Pensions) (Scotland) Amendment Regulations 2007

Scottish Statutory Instruments

2007 No. 122

FAMILY LAW

The Divorce etc. (Pensions) (Scotland) Amendment Regulations 2007

Made

27th February 2007

Laid before the Scottish Parliament

1st March 2007

Coming into force

6th April 2007

The Scottish Ministers, in exercise of the powers conferred by section 10(8) and (8A) of the Family Law (Scotland) Act 1985(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Divorce etc. (Pensions) (Scotland) Amendment Regulations 2007 and shall come into force on 6th April 2007.

Amendment of the Divorce etc. (Pensions) (Scotland) Regulations 2000

2.—(1) The Divorce etc. (Pensions) (Scotland) Regulations 2000(2) are amended in accordance with the following paragraph.

(2) For regulation 3(8)(b), substitute–

• “are certified by an actuary to the person responsible for the pension arrangement in question as being consistent with “Retirement Benefit Schemes-Transfer Values (GN11)”, adopted or prepared, and from time to time revised, by the Board for Actuarial Standards(3), and current at the date on which the request for valuation is received.”.

JOHANN M LAMONT

Authorised by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th February 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations update the reference to the Institute of Actuaries and the Faculty of Actuaries in regulation 3(8)(b) of the Divorce etc. (Pensions) (Scotland) Regulations 2000 in consequence of the transfer of the function of preparing and revising actuarial guidance on pensions matters from those bodies to the Board for Actuarial Standards.

A copy of the “Retirement Benefit Schemes – Transfer Values (GN11)” can be obtained from the Financial Reporting Council at Planning and Resources, 5th Floor, Aldwych House, 71 91 Aldwych, London, WC2B 4HN.

(1)

1985 c. 37. Section 10(8) was inserted by the Pensions Act 1995 (c. 26), section 167(2)(b), and substituted by the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 8(3) of Schedule 12; paragraph 8(4) of that Schedule inserted section 10(8A).

(2)

S.S.I. 2000/112, to which there are amendments not relevant to these Regulations.

(3)

The Board for Actuarial Standards was set up by the Financial Reporting Council which can be contacted at Planning & Resources, 5th Floor, Aldwych House, 71 – 91 Aldwych, London, WC2B 4HN.