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Statutory Instruments of the Scottish Parliament


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URL: http://www.bailii.org/scot/legis/num_reg/2006/20060254.html

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SCOTTISH STATUTORY INSTRUMENTS


2006 No. 254

FAMILY LAW

The Divorce and Dissolution etc. (Pension Protection Fund) (Scotland) Regulations 2006

  Made 11th May 2006 
  Laid before the Scottish Parliament 12th May 2006 
  Coming into force 3rd June 2006 

The Scottish Ministers, in exercise of the powers conferred by section 10(8B) of the Family Law (Scotland) Act 1985[1]and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Divorce and Dissolution etc. (Pension Protection Fund) (Scotland) Regulations 2006 and shall come into force on 3rd June 2006.

Apportionment
    
2.

    (1) The value of the proportion of any rights or interests which a party to a marriage or civil partnership has or may have to any pension protection fund compensation payable under Chapter 3 of Part 2 of the Pensions Act 2004[
2]as at the relevant date and which forms part of the matrimonial property or partnership property by virtue of section 10(5A)[3]shall be calculated in accordance with the following formula–

A ×B

C
where–

    (2) In this regulation–

    (3) Any reference in this regulation to a numbered section is to a section bearing that number in the Family Law (Scotland) Act 1985.


HUGH HENRY
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
11th May 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations provide for the apportionment of the value of pension protection fund compensation payable under the Pensions Act 2004 (c.35) which constitutes matrimonial property for the purposes of the Family Law (Scotland) Act 1985 (c. 37). Provision is made apportioning the value of such compensation in accordance with the period of time a party to a marriage or civil partnership has both been in the marriage or civil partnership and entitled to such compensation as a proportion of the total period of time that person has had the entitlement to compensation.


Notes:

[1] 1985 c.37. Section 10(8B) was inserted by section 17(3)(d) of the Family Law (Scotland) Act 2006 (asp 2).back

[2] 2004 c.35.back

[3] Section 10(5A) was inserted by section 17(3)(c) of the Family Law (Scotland) Act 2006 (asp 2).back

[4] Section 10(4A) was inserted by paragraph 16(5) of Schedule 28 to the Civil Partnership Act 2004 (c.33).back



ISBN 0 11 070484 3


 © Crown copyright 2006

Prepared 18 May 2006


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URL: http://www.bailii.org/scot/legis/num_reg/2006/20060254.html