PART 3U.K.

Modification of section 279U.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 [F5or civil partnership] of the parties;”.

Textual Amendments

Commencement Information

I1Reg. 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.