SCHEDULES

SCHEDULE 12 Consequential amendments

Part I Amendments consequential on Parts III and IV

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

12

In section 27(1), the following definitions are inserted at the appropriate places—

““benefits under a pension arrangement” includes any benefits by way of pension, including relevant state scheme rights, whether under a pension arrangement or not;”

““pension arrangement” means—

(a)

any occupational pension scheme within the meaning of the M1Pension Schemes Act 1993;

(b)

a personal pension scheme within the meaning of that Act;

(c)

a retirement annuity contract;

(d)

an annuity or insurance policy purchased or transferred for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme;

(e)

an annuity purchased or entered into for the purpose of discharging liability in respect of a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;”

““person responsible for a pension arrangement” means—

(a)

in the case of an occupational pension scheme or a personal pension scheme, the trustees or managers of the scheme;

(b)

in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of “pension arrangement” above, the provider of the annuity;

(c)

in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer;”

““relevant state scheme rights” means—

(a)

entitlement, or prospective entitlement, to a Category A retirement pension by virtue of section 44(3)(b) of the M2Social Security Contributions and Benefits Act 1992 or under corresponding Northern Ireland legislation; and

(b)

entitlement, or prospective entitlement, to a pension under section 55A of the M3Social Security Contributions and Benefits Act 1992 (shared additional pension) or under corresponding Northern Ireland legislation;”

““retirement annuity contract” means a contract or scheme approved under Chapter III of Part XIV of the M4Income and Corporation Taxes Act 1988;”

““trustees or managers” in relation to an occupational pension scheme or a personal pension scheme means—

(a)

in the case of a scheme established under a trust, the trustees of the scheme; and

(b)

in any other case, the managers of the scheme;”.