The Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006

Modification of section 279 U.K.

13.—(1) Section 279(1) shall be modified as follows.

(2) At the appropriate points in the alphabetical list insert—

““applicable pension scheme”, in relation to a pension sharing order in respect of a member’s spouse[F1 , ex-spouse, civil partner or former civil partner], means a scheme which is—

(a)

a recognised overseas pension scheme within the meaning of this Part; or

(b)

a scheme which is recognised for tax purposes under the law of either the country or territory in which it is situate or that of the country or territory in which the pension sharing order is made;”;(1) and

““ex-spouse”, in relation to a member, means the other party to a marriage with the member that has been dissolved or annulled;

[F2 “former civil partner” in relation to a member means the other party to a civil partnership with the member that has been dissolved or annulled.”];

(3) For the definitions of “pension credit” and “pension debit” substitute—

• ““pension credit” and “pension debit” mean respectively the amount by which—

  (a)

  the entitlement of a member’s spouse[F3 , ex-spouse, civil partner or former civil partner] under an applicable pension scheme, is increased; and

  (b)

  the entitlement of a member under a qualifying recognised overseas pension scheme is decreased,

  pursuant to a pension sharing order;.”.

(4) For the definition of “pension sharing order or provision” substitute—

““pension sharing order” means an order of a court, by virtue of which amounts are transferred from a recognised overseas pension scheme of a member to an applicable pension scheme of that member’s spouse[F4 , ex-spouse, civil partner or former civil partner], in or in connection with proceedings relating to the dissolution or annulment of the marriage [F5 or civil partnership] of the parties;”.

Textual Amendments

F1 Words in reg. 13(2) substituted for word (22.2.2007) by The Tax and Civil Partnership Regulations 2007 (S.I. 2007/493), regs. 1, 3(2)(a)

F2 Words in reg. 13(2) added (22.2.2007) by The Tax and Civil Partnership Regulations 2007 (S.I. 2007/493), regs. 1, 3(2)(b)

F3 Words in reg. 13(3)(a) substituted for word (22.2.2007) by The Tax and Civil Partnership Regulations 2007 (S.I. 2007/493), regs. 1, 3(3)

F4 Words in reg. 13(4) substituted for word (22.2.2007) by The Tax and Civil Partnership Regulations 2007 (S.I. 2007/493), regs. 1, 3(4)(a)

F5 Words in reg. 13(4) inserted (22.2.2007) by The Tax and Civil Partnership Regulations 2007 (S.I. 2007/493), regs. 1, 3(4)(b)

Commencement Information

I1 Reg. 13 in force at 6.4.2006, see reg. 1(1)

(1)

See, in relation to overseas schemes recognised for the purposes of Part 4, the Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) Regulations 2004.