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

Citation, commencement and interpretation E+W+S

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;

• F1 ...

• “the Charging Regulations" means the Pensions on Divorce etc. (Charging) Regulations 2000 M1 ;

• “the Implementation and Discharge of Liability Regulations" means the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 M2 ;

• “the Valuation Regulations" means the Pension Sharing (Valuation) Regulations 2000 M3 ;

• “active member" has the meaning given by section 124(1) of the 1995 Act M4 ;

• “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 M5 ;

• “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 M6 ;

• “normal benefit age" has the meaning given by section 101B of the 1993 Act M7 ;

• [F2 “normal pension age” has the meaning given in section 180 of the 1993 Act (normal pension age);]

• “notice of discharge of liability" means a notice issued to the member and his former spouse [F3 or former civil partner] 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 [F4 or former civil partner] 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 [F5 Matrimonial Causes Act 1973] M8 ;

• “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;

• [F6 “pensioner member” 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 M9 ;

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

• F7 ...

• “retirement annuity contract" means a contract or scheme [F8 which is to be treated as becoming a registered pension scheme under 153(9) of the Finance Act 2004 in accordance with paragraph 1(1)(f) of Schedule 36 to that Act;]

• [F9 “salary related occupational pension scheme” has the meaning given by regulation 1A of the Transfer Values Regulations;]

• F10 ...

• “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.

• [F2 “the Transfer Values Regulations” means the Occupational Pension Schemes (Transfer Values) Regulations 1996;]

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

Textual Amendments

F1 Words in reg. 1(2) omitted (1.10.2008) by virtue of Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 (S.I. 2008/1050), reg. 1(1), Sch. 2 para. 3(a)(iii)

F2 Words in reg. 1(2) inserted (1.10.2008) by Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 (S.I. 2008/1050), reg. 1(1), Sch. 2 para. 3(a)(i)

F3 Words in reg. 1(2) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 1 para. 1(2)(a) (with art. 3)

F4 Words in reg. 1(2) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 1 para. 1(2)(b) (with art. 3)

F5 Words in reg. 1(2) substituted (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/289), regs. 1(2), 2(2)(b)

F6 Words in reg. 1(2) inserted (6.4.2016) by The Pension Sharing (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/289), regs. 1(2), 2(2)(a)

F7 Words in reg. 1(2) deleted (1.12.2000) by The Pension Sharing (Consequential and Miscellaneous Amendments) Regulations 2000 (S.I. 2000/2691), regs. 1, 8(2)

F8 Words in reg. 1(2) substituted (6.4.2006) by Taxation of Pension Schemes (Consequential Amendments of Occupational and Personal Pension Schemes Legislation) Order 2006 (S.I. 2006/744), arts. 1, 15(2)

F9 Words in reg. 1(2) substituted (1.10.2008) by Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008 (S.I. 2008/1050), reg. 1(1), Sch. 2 para. 3(a)(ii)

F10 Words in reg. 1(2) omitted (6.4.2009) by virtue of Occupational, Personal and Stakeholder Pensions (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/615), regs. 1(2), 12(2)

Marginal Citations

M1 S.I. 2000/1049.

M2 S.I. 2000/1053.

M3 S.I. 2000/1052.

M4 Section 124(1) is amended by the Welfare Reform and Pensions Act 1999.

M5 1971 c. 80.

M6 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.

M7 Section 101B is inserted by section 37 of the Welfare Reform and Pensions Act 1999.

M8 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.

M9 The definition of “personal pension scheme" was amended by paragraph 3(1)(a) of Schedule 2 to the Welfare Reform and Pensions Act 1999.