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22.—(1) Regulation 12 (retirement and dependants' pensions) is amended as follows.
(2) In paragraph (1) for “a retirement pension and one or more dependants' pensions” substitute “a retirement pension, one or more dependants' pensions and a lump sum which is a pension commencement lump sum for the purposes of Part 1 of Schedule 29 to the 2004 Act”.
(3) In paragraph (5) after sub paragraph (e) insert–
“(f)whether a pension commencement lump sum is to be paid, and if so, the amount of such sum.”.
(4) For paragraph (7) substitute–
“(7) Subject to paragraphs (9) and (10), upon receipt of the notice of election the Scottish Ministers shall, as soon as is reasonably practicable, realise the investments made under regulation 9(1) or 10(2) and–
(a)out of the amount obtained make any payment of a pension commencement lump sum in accordance with the election, and
(b)apply the balance of the amount obtained to the purchase of a pension policy from an authorised provider chosen by the participator to provide the benefits specified in the election.”.
(5) At the end of paragraph (10) insert “if such a lump sum would be a serious ill-health lump sum as defined in paragraph 4 of Schedule 29 to the 2004 Act.”.
(6) For paragraph (11) substitute–
“(11) The authorised provider may discharge the liability for payment of the benefits under the pension policy by payment of a lump sum representing their capital value if such a lump sum would be a trivial commutation lump sum as defined in paragraph 7 of Schedule 29 to the 2004 Act.”.
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