SCHEDULES

SCHEDULE 12 Consequential amendments

Part I Amendments consequential on Parts III and IV

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

11

1

Section 16 is amended as follows.

2

In subsection (2), for paragraph (b) there is substituted—

b

under subsection (1)(b) above, if the agreement does not contain a term relating to pension sharing, on granting decree of divorce or within such time as the court may specify on granting decree of divorce; or

c

under subsection (1)(b) above, if the agreement contains a term relating to pension sharing—

i

where the order sets aside the agreement or sets aside or varies the term relating to pension sharing, on granting decree of divorce; and

ii

where the order sets aside or varies any other term of the agreement, on granting decree of divorce or within such time thereafter as the court may specify on granting decree of divorce.

3

After that subsection there is inserted—

2A

In subsection (2) above, a term relating to pension sharing is a term corresponding to provision which may be made in a pension sharing order and satisfying the requirements set out in section 28(1)(f) or 48(1)(f) of the Welfare Reform and Pensions Act 1999.