The Pensions on Divorce etc. (Provision of Information) Regulations 2000

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Pensions on Divorce etc. (Provision of Information) Regulations 2000 and shall come into force on 1st December 2000.

(2) In these Regulations—

“the 1993 Act” means the Pension Schemes Act 1993;

“the 1995 Act” means the Pensions Act 1995;

“the 1999 Act” means the Welfare Reform and Pensions Act 1999;

“the Charging Regulations” means the Pensions on Divorce etc. (Charging) Regulations 2000(1);

“the Implementation and Discharge of Liability Regulations” means the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000(2);

“the Valuation Regulations” means the Pension Sharing (Valuation) Regulations 2000(3);

“active member” has the meaning given by section 124(1) of the 1995 Act(4);

“day” means any day other than—

(a)

Christmas Day or Good Friday; or

(b)

a bank holiday, that is to say, a day which is, or is to be observed as, a bank holiday or a holiday under Schedule 1 to the Banking and Financial Dealings Act 1971(5);

“deferred member” has the meaning given by section 124(1) of the 1995 Act;

“implementation period” has the meaning given by section 34(1) of the 1999 Act;

“member” means a person who has rights to future benefits, or has rights to benefits payable, under a pension arrangement;

“money purchase benefits” has the meaning given by section 181(1) of the 1993 Act(6);

“normal benefit age” has the meaning given by section 101B of the 1993 Act(7);

“notice of discharge of liability” means a notice issued to the member and his former spouse by the person responsible for a pension arrangement when that person has discharged his liability in respect of a pension credit in accordance with Schedule 5 to the 1999 Act;

“notice of implementation” means a notice issued by the person responsible for a pension arrangement to the member and his former spouse at the beginning of the implementation period notifying them of the day on which the implementation period for the pension credit begins;

“occupational pension scheme” has the meaning given by section 1 of the 1993 Act;

“the party with pension rights” and “the other party” have the meanings given by section 25D(3) of the Matrimonial Causes Act 1997(8);

“pension arrangement” has the meaning given in section 46(1) of the 1999 Act;

“pension credit” means a credit under section 29(1)(b) of the 1999 Act;

“pension credit benefit” means the benefits payable under a pension arrangement or a qualifying arrangement to or in respect of a person by virtue of rights under the arrangement in question which are attributable (directly or indirectly) to a pension credit;

“pension credit rights” means rights to future benefits under a pension arrangement or a qualifying arrangement which are attributable (directly or indirectly) to a pension credit;

“pension sharing order or provision” means an order or provision which is mentioned in section 28(1) of the 1999 Act;

“pensionable service” has the meaning given by section 124(1) of the 1995 Act;

“person responsible for a pension arrangement” has the meaning given by section 46(2) of the 1999 Act;

“personal pension scheme” has the meaning given by section 1 of the 1993 Act(9);

“qualifying arrangement” has the meaning given by paragraph 6 of Schedule 5 to the 1999 Act;

“relevant date” has the meaning given by section 10(3) of the Family Law (Scotland) Act 1985(10);

“retirement annuity contract” means a contract or scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988(11);

“salary related occupational pension scheme” has the meaning given by regulation 1A of the Occupational Pension Schemes (Transfer Values) Regulations 1996(12);

“the Regulatory Authority” means the Occupational Pensions Regulatory Authority;

“transfer day” has the meaning given by section 29(8) of the 1999 Act;

“transferee” has the meaning given by section 29(8) of the 1999 Act;

“transferor” has the meaning given by section 29(8) of the 1999 Act.

“trustees or managers” has the meaning given by section 46(1) of the 1999 Act.

(1)

S.I. 2000/1049.

(2)

S.I. 2000/1053.

(3)

S.I. 2000/1052.

(4)

Section 124(1) is amended by the Welfare Reform and Pensions Act 1999.

(5)

1971 c. 80.

(6)

Section 181 was amended by the Pensions Act 1995, the Industrial Tribunals Act 1996 (c. 17), and is amended by the Welfare Reform and Pensions Act 1999.

(7)

Section 101B is inserted by section 37 of the Welfare Reform and Pensions Act 1999.

(8)

1973 c. 18. Section 250 was inserted by section 166 of the Pensions Act 1995 and is amended by paragraph 3 of Schedule 4 to the Welfare Reform and Pensions Act 1999.

(9)

The definition of “personal pension scheme” was amended by paragraph 3(1)(a) of Schedule 2 to the Welfare Reform and Pensions Act 1999.

(10)

1985 c. 37. Section 10 was amended by section 167(2) of the Pensions Act 1995 and is amended by paragraph 8 of Schedule 12 to the Welfare Reform and Pensions Act 1999.

(11)

1988 c. 1.

(12)

S.I. 1996/1847. Regulation 1A was inserted by paragraph 12(3) of Schedule 1 to S.I. 1997/786.