Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Divorce etc. (Pensions) Regulations 1996 (“the principal regulations”), which make provision in relation to orders made for ancillary relief in proceedings for divorce, judicial separation or nullity of marriage, so far as those orders relate to the pension rights of a party to the marriage. In particular, they provide for:

(a)

the updating of references to other regulations, which have been replaced since the principal regulations were made;

(b)

salary related occupational pension schemes, as governed by the amendments to the Pension Schemes Act 1993 effected by sections 152 to 154 of the Pensions Act 1995, which come into force at the same time as these Regulations;

(c)

retirement annuity contracts excluded from the scope of Chapter IV of Part IV of the Pension Schemes Act 1993;

(d)

information provided to the trustees or managers of a pension scheme by the party without pension rights after all the rights of the party with pension rights have been transferred to another scheme;

(e)

limitation of the recovery by pension schemes of the costs of providing information for the purpose of the principal regulations.