Welfare Reform and Pensions Act 1999

20 Orders in Scotland. S

(1) The M1 Family Law (Scotland) Act 1985 shall be amended as follows.

(2) In section 8(1) (orders for financial provision), after paragraph (b) there shall be inserted—

“(baa) a pension sharing order.”

(3) In section 27 (interpretation), in subsection (1), there shall be inserted at the appropriate place—

““pension sharing order” is an order which—

(a) provides that one party’s—

(i) shareable rights under a specified pension arrangement, or

(ii) shareable state scheme rights,

be subject to pension sharing for the benefit of the other party, and

(b) specifies the percentage value, or the amount, to be transferred;”.

(4) In that section, after subsection (1) there shall be inserted—

“(1A) In subsection (1), in the definition of “pension sharing order”—

(a) the reference to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, and

(b) the reference to shareable state scheme rights is to rights in relation to which pension sharing is available under Chapter II of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation.”

Commencement Information

I1 S. 20 wholly in force at 1.12.2000; s. 20 in force for certain purposes at Royal Assent see s. 89(1); s. 20 in force at 1.12.2000 insofar as not already in force by S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

Marginal Citations

M1 1985 c. 37.