Regulation 6 Amendments to the Divorce etc. (Pensions) Regulations 1996

After regulation 8 there shall be inserted the following:—

“8A

(1)

This regulation applies where:—

(a)

a transfer of accrued rights has taken place in the circumstances set out in section 25D(1)(a);

(b)

notice has been given in accordance with regulation 6(2)(a) and (b); and

(c)

any of the events set out in regulation 8(2) has occurred, and the other party has not, before receiving notice under regulation 6(2)(b), given notice of that event to the trustees or managers of the first scheme under regulation 8(3).

(2)

Where this regulation applies, any reference in regulation 8(3) and (4) to the trustees or managers of the pension scheme shall be construed as referring to the trustees or managers of the new scheme and not the trustees or managers of the first scheme.

(3)

Subject to paragraph (4), where this regulation applies and the other party, within one year from the transfer, gives to the trustees or managers of the first scheme notice of the event set out in regulation 8(2) in purported compliance with regulation 8(3), the trustees or managers of the first scheme shall—

(a)

send that notice to the trustees or managers of the new scheme, and

(b)

give the other party a second notice under regulation 6(2)(b);

and the other party shall thereupon be deemed to have given notice under regulation 8(3) to the trustees or managers of the new scheme.

(4)

Upon complying with paragraph (3) above, the trustees or managers of the first scheme shall be discharged from any further obligation under regulation 6 or 8A(3), whether in relation to the event in question or any further event set out in regulation 8(2) which may be notified to them by the other party.”.