{
  "url": "https://openlegislation.uk/divorce-etc-pensions-scotland-amendment-regulations-1997/regulation-4",
  "json_url": "https://openlegislation.uk/divorce-etc-pensions-scotland-amendment-regulations-1997/regulation-4.json",
  "legislation": "uksi/1997/745",
  "legislation_title": "The Divorce etc (Pensions) (Scotland) Amendment Regulations 1997",
  "legislation_url": "https://openlegislation.uk/divorce-etc-pensions-scotland-amendment-regulations-1997",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Regulation 3 of the principal Regulations",
  "text": "(1) In sub-paragraph (a) of regulation 3(2), for the words from “the cash equivalent” to the end of that sub-paragraph there shall be inserted the following:–\n“—\n(i) in the case of an occupational pension scheme other than a salary related scheme, the cash equivalent to which he would have acquired a right under section 94(1)(a) of the 1993 Act if his pensionable service had terminated at that date; and\n(ii) in the case of a salary related occupational pension scheme, the guaranteed cash equivalent to which he would have acquired a right under section 94(1)(aa) of the 1993 Act if the guarantee date was the relevant date and he had received a statement of entitlement in respect of that date and had made a relevant application within three months beginning with that date;”.\n(2) In sub-paragraph (b) of regulation 3(2), for the words “the cash equivalent” to the end of that sub-paragraph there shall be inserted the following:–\n“—\n(i) in the case of an occupational pension scheme other than a salary related scheme, the cash equivalent to which he would have acquired a right under section 94(1)(a) of the 1993 Act on the termination of his pensionable service valued as at the relevant date; and\n(ii) in the case of a salary related occupational pension scheme, the guaranteed cash equivalent to which he would have acquired a right under section 94(1)(aa) of the 1993 Act if the guarantee date was the relevant date and he had received a statement of entitlement in respect of that date and had made a relevant application within three months beginning with that date;”.\n(3) For regulation 3(5)(i), there shall be substituted the following:–\n“(i) regulation 5 of and Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 and regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Values) Regulations 1996;\n(ia) section 93A of the 1993 Act;”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 94(1)(a) of the 1993 Act was amended by section 154(1) of the 1995 Act."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 94(1)(aa) of the 1993 Act was inserted by section 154(2) of the 1995 Act."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1996/1655."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "S.I. 1996/1847."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Section 93A of the 1993 Act was inserted by section 153 of the 1995 Act."
    }
  ],
  "outstanding_effects": [
    {
      "type": "revoked",
      "affecting": "ssi/2000/112",
      "affecting_title": "The Divorce etc. (Pensions) (Scotland) Regulations 2000"
    },
    {
      "type": "revoked",
      "affecting": "ssi/2000/112",
      "affecting_title": "The Divorce etc. (Pensions) (Scotland) Regulations 2000"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1997/745/regulation/4",
    "retrieved_at": "2026-10-29T12:21:35.661768+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}