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260Page 101, line 31, leave out subsection (2).
261Page 101, line 38, after 'scheme' insert '(within the meaning of section 25B(1) of the Matrimonial Causes Act 1973)'.
262Page 101, line 39, leave out 'in the foreseeable future'.
263Page 101, line 43, leave out '159(4)' and insert '159(4) and (4A)'.
264Page 101, line 50, at end insert 'corresponding to any of those enactments.
( ) Subsections (3) to (7) of section 25B and section 25C of the Matrimonial Causes Act 1973, as inserted by this section, do not affect the powers of the court under section 31 of that Act (variation, discharge, etc.) in relation to any order made before the commencement of this section'.
265After Clause 150, insert the following clause:—
Pensions on divorce, etc: Scotland
'.—(1) In section 8(1) (orders for financial provision) of the Family Law (Scotland) Act 1985 ("the 1985 Act"), after paragraph (b) there is inserted—
"(ba) an order under section 12A(2) or (3) of this Act;".
(2) In section 10 of the 1985 Act (sharing of value of matrimonial property)—
(a) in subsection (5)—
(i) after "party" there is inserted "(a)"; and
(ii) for "or occupational pension scheme or similar arrangement" there is substituted—
"or similar arrangement; and
(b) in any benefits under a pension scheme which either party has or may have (including such benefits payable in respect of the death of either party),
which is"; and
(b) after subsection (7) there is inserted—

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"(8) The Secretary of State may by regulations make provision—
(a) for the value of any benefits under a pension scheme to be calculated and verified, for the purposes of this Act, in a prescribed manner;
(b) for the trustees or managers of any pension scheme to provide, for the purposes of this Act, information as to that value, and for the recovery of the administrative expenses of providing such information from either party,
and regulations made by virtue of paragraph (a) above may provide for that value to be calculated and verified in accordance with guidance which is prepared and from time to time revised by a prescribed body and approved by the Secretary of State.
(9) Regulations under subsection (8) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(10) In this section—
"benefits under a pension scheme" includes any benefits by way of pension, whether under a pension scheme or not;
"pension scheme" means—
(a) an occupational pension scheme or a personal pension scheme (applying the definitions in section 1 of the Pension Schemes Act 1993, but as if the reference to employed earners in the definition of "personal pension scheme" were to any earners);
(b) a retirement annuity contract; or
(c) an annuity, or insurance policy, purchased or transferred for the purpose of giving effect to rights under a pension scheme falling within paragraph (a) above; and
"prescribed" means prescribed by regulations.
(11) In this section, references to the trustees or managers of a pension scheme—
(a) in relation to a contract or annuity referred to in paragraph (b) or (c) of the definition of "pension scheme" in subsection (10) above, shall be read as references to the provider of the annuity;
(b) in relation to an insurance policy referred to in paragraph (c) of that definition, shall be read as a reference to the insurer.".
(3) After section 12 of the 1985 Act there is inserted—
"Orders for payment of capital sum: pensions lump sums.

12A.—(1) This section applies where the court makes an order under section 8(2) of this Act for payment of a capital sum (a "capital sum order") by a party to the marriage ("the liable party") in circumstances where—
(a) the matrimonial property within the meaning of section 10 of this Act includes any rights or interests in benefits under a pension scheme which the liable party has or may have (whether such benefits are payable to him or in respect of his death); and
(b) those benefits include a lump sum payable to him or in respect of his death.
(2) Where the benefits referred to in subsection (1) above include a lump sum payable to the liable party, the court, on making the capital sum order, may make an order requiring the trustees or managers of the pension scheme in question to pay the whole or part of that sum, when it becomes due, to the other party to the marriage ("the other party").

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(3) Where the benefits referred to in subsection (1) above include a lump sum payable in respect of the death of the liable party, the court, on making the capital sum order, may make an order—
(a) if the trustees or managers of the pension scheme in question have power to determine the person to whom the sum, or any part of it, is to be paid, requiring them to pay the whole or part of that sum, when it becomes due, to the other party;
(b) if the liable party has power to nominate the person to whom the sum, or any part of it, is to be paid, requiring the liable party to nominate the other party in respect of the whole or part of that sum;
(c) in any other case, requiring the trustees or managers of the pension scheme in question to pay the whole or part of that sum, when it becomes due, to the other party instead of to the person to whom, apart from the order, it would be paid.
(4) Any payment by the trustees or managers under an order under subsection (2) or (3) above—
(a) shall discharge so much of the trustees' or managers' liability to or in respect of the liable party as corresponds to the amount of the payment; and
(b) shall be treated for all purposes as a payment made by the liable party in or towards the discharge of his liability under the capital sum order.
(5) Where the liability of the liable party under the capital sum order has been discharged in whole or in part, other than by a payment by the trustees or managers under an order under subsection (2) or (3) above, the court may, on an application by any person having an interest, recall any order under either of those subsections or vary the amount specified in such an order, as appears to the court appropriate in the circumstances.
(6) Where—
(a) an order under subsection (2) or (3) above imposes any requirement on the trustees or managers of a pension scheme ("the first scheme") and the liable party acquires transfer credits under another scheme ("the new scheme") which are derived (directly or indirectly) from a transfer from the first scheme of all his accrued rights under that scheme; and
(b) the trustees or managers of the new scheme have been given notice in accordance with regulations under subsection (8) below,
the order shall have effect as if it had been made instead in respect of the trustees or managers of the new scheme; and in this subsection "transfer credits" has the same meaning as in the Pension Schemes Act 1993.
(7) Without prejudice to subsection (6) above, the court may, on an application by any person having an interest, vary an order under subsection (2) or (3) above by substituting for the trustees or managers specified in the order the trustees or managers of any other pension scheme under which any lump sum referred to in subsection (1) above is payable to the liable party or in respect of his death.
(8) The Secretary of State may by regulations—
(a) require notices to be given in respect of changes of circumstances relevant to orders under subsection (2) or (3) above;
(b) make provision for the recovery of the administrative expenses of complying with such orders from the liable party or the other party.

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(9) Regulations under subsection (8) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(10) Subsection (10) (other than the definition of "benefits under a pension scheme") and subsection (11) of section 10 of this Act shall apply for the purposes of this section as those subsections apply for the purposes of that section.".
(4) Nothing in the provisions mentioned in section 150(4) above applies to a court exercising its powers under section 8 (orders for financial provision on divorce, etc.) or 12A (orders for payment of capital sum: pensions lump sums) of the 1985 Act in respect of any benefits under a pension scheme which fall within subsection (5) (b) of section 10 of that Act ("pension scheme" having the meaning given in subsection (10) of that section).'.
266Insert the following clause:
War pensions for widows: effect of remarriage
'.—(1) In determining whether a pension is payable to a person as a widow under any of the enactments mentioned in subsection (3) in respect of any period beginning on or after the commencement of this section, no account may be taken of the fact that the widow has married another if, before the beginning of that period, the marriage has been terminated or the parties have been judicially separated.
(2) For the purposes of this section—
(a) the reference to the termination of a marriage is to the termination of the marriage by death, dissolution or annulment, and
(b) the reference to judicial separation includes any legal separation obtained in a country or territory outside the British Islands and recognised in the United Kingdom;
and for those purposes a divorce, annulment or legal separation obtained in a country or territory outside the British Islands must, if the Secretary of State so determines, be treated as recognised in the United Kingdom even though no declaration as to its validity has been made by any court in the United Kingdom.
(3) The enactments referred to in subsection (1) are—
(a) The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983, and any order re-enacting the provisions of that order,
(b) The Personal Injuries (Civilians) Scheme 1983, and any subsequent scheme made under the Personal Injuries (Emergency Provisions) Act 1939,
(c) any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or the Polish Resettlement Act 1947 applying the provisions of any such order as is referred to in paragraph (a),
(d) the order made under section 1(5) of the Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment.'.
267Insert the following clause:
Extension of Pensions Appeal Tribunals Act 1943
'.—(1) The Pensions Appeal Tribunals Act 1943 is amended as follows.
(2) In section 1 (appeals against rejection of war pension claims made in respect of members of armed forces)—
(a) in subsection (1), after "administered by the Minister" there is inserted "or under a scheme made under section 1 of the Polish Resettlement Act 1947", and
(b) in subsections (3) and (3A), for "or Order of His Majesty" there is substituted ", Order of Her Majesty or scheme".

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(3) In section 7 (application of Act to past decisions and assessments)—
(a) in subsection (2), at the beginning there is inserted "Subject to subsection (2A) of this section,", and
(b) after that subsection, there is inserted—
"(2A) Subsection (2) of this section shall not apply in relation to any decision given by the Minister before the passing of this Act which corresponds, apart from any difference of the kind referred to in that subsection, with such a decision as is referred to in section 1 of this Act in respect of claims made under the scheme referred to in that section."
(4) In section 10 (power to modify sections 1 to 4 by Order in Council), in subsections (1) and (2), for "or Order of His Majesty" there is substituted ", Order of Her Majesty or scheme".
(5) In section 12 (interpretation), in the definition of "relevant service"—
(a) for "or Order of His Majesty" there is substituted ", Order of Her Majesty or scheme", and
(b) for "or Order" there is substituted ", Order or scheme".
(6) In the Schedule (constitution, jurisdiction and procedure of Pensions Appeal Tribunals), in paragraph 3(2), after paragraph (b) there is inserted—
"(ba) if the claim was made under the scheme referred to in section 1 of this Act in respect of a person who is treated under the scheme as an officer, shall be a retired or demobilised officer of Her Majesty's naval, military or air forces;
(bb) if the claim was made under the aforesaid scheme in respect of a person who is treated under the scheme as a soldier, shall be a discharged or demobilised member of any of the said forces who was not at the time of his discharge or demobilisation an officer;".'.
268Insert the following clause:
Information about public service schemes
'.—(1) In prescribed circumstances, the Secretary of State may provide information to any prescribed person in connection with the following questions—
(a) whether an individual who during any period—
(i) has been eligible to be an active member of an occupational pension scheme under the Superannuation Act 1972, but
(ii) has instead made contributions to a personal pension scheme,
has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986 (actions for damages in respect of contravention of rules etc. made under the Act), and
(b) if so, what payment would need to be made to the occupational scheme in respect of the individual to restore the position to what it would have been if the individual had been an active member of the occupational scheme throughout the period in question,
and may impose on that person reasonable fees in respect of administrative expenses incurred in providing that information.
(2) Where—
(a) such an individual as is mentioned in subsection (1) is admitted or readmitted as an active member of an occupational pension scheme under the Superannuation Act 1972, or
(b) a payment is made to the Secretary of State in respect of such an individual for the purpose mentioned in paragraph (b) of that subsection,

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the Secretary of State may impose on any prescribed person reasonable fees in respect of administrative expenses incurred in connection with the admission, readmission or payment.
(3) In the case of an occupational pension scheme under section 1 of the Superannuation Act 1972 (superannuation of civil servants), the references in subsections (1) and (2) to the Secretary of State shall be read as references to the Minister for the Civil Service, or such person as may be prescribed.
(4) In the case of an occupational pension scheme under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government etc.), the references in subsections (1) and (2) to the Secretary of State shall be read as references to a prescribed person.
(5) In this section—
"prescribed" means—
(i) in the case of a scheme made under section 1 of the Superannuation Act 1972, prescribed by a scheme made by the Minister for the Civil Service, or
(ii) in any other case, prescribed by regulations made by the Secretary of State, and
"active member", in relation to an occupational pension scheme, has the same meaning as in Part I.'.
269Clause 154, leave out Clause 154.
270Clause 155, page 104, line 14, at end insert:
'( ) Regulations made by the Secretary of State may, for the purposes of or in connection with the coming into force of any provisions of this Act, make any such provision as could be made, by virtue of subsection (4A) of section 161, by an order bringing those provisions into force.'.
271Clause 156, page 104, line 16, leave out 'by the Secretary of State'.
272Page 104, line 22, leave out 'or'.
273Page 104, line 23, at end insert:
'( ) section (Hybrid occupational pension schemes),
or order under section 10(1A)'.
274Clause 157, page 104, line 28, after 'Act' insert:
' "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978)'.
275Page 104, line 30, at end insert:
'and the definition of "enactment" shall apply for the purposes of section 106 as if "Act" in section 21(1) of the Interpretation Act 1978 included any enactment'.
276Clause 159, page 104, line 35, after '134' insert '(War pensions for widows: effect of remarriage), (Information about public service schemes)'.
277Page 104, line 35, leave out 'and 151(4) to (7)' and insert '151(4) to (7) and 160'.
278Clause 161, page 105, line 9, leave out paragraph (a).
279Page 105, line 10, at end insert:
'( ) section (War pensions for widows: effect of remarriage)'.
280Page 105, line 11, at end insert:
'( ) section 160 and any repeal in Schedule 7 for which there is a note shall come into force in accordance with that note'.
281Page 105, line 13, at end insert 'and different days may be appointed for different purposes'.
282Page 105, line 14, leave out subsection (4) and insert:
'(4A) Without prejudice to section 155(3), the power to make an order under this section includes power—
(a) to make transitional adaptations or modifications—
(i) of the provisions brought into force by the order, or

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(ii) in connection with those provisions, of any provisions of this Act, or the Pension Schemes Act 1993, then in force, or
(b) to save the effect of any of the repealed provisions of that Act, or those provisions as adapted or modified by the order,
as it appears to the Secretary of State expedient, including different adaptations or modifications for different periods.'.
283Clause 162, page 105, line 18, leave out subsection (2).
284Schedule 1, page 106, line 40, leave out 'with the approval of the Treasury'.
285Page 107, line 2, leave out 'with the approval of the Treasury'.
286Page 107, line 6, leave out 'with the approval of the Treasury'.
287Page 107, line 7, leave out 'with the approval of the Treasury'.
288Page 107, line 22, leave out 'and the Treasury'.
289Page 107, line 28, leave out 'and the Treasury'.
290Page 107, line 30, leave out 'and the Treasury'.
291Page 107, line 33, leave out 'and the Treasury'.
292Page 107, line 33, at end insert:
'( ) The Secretary of State may, on such terms as to payment by the Authority as he thinks fit, make available to the Authority such additional staff and such other facilities as he thinks fit.
The Superannuation Act 1972 (c. 11)
.—(1) Employment with the Authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted—
"The Occupational Pensions Regulatory Authority".
(2) The Authority must pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable out of money provided by Parliament under the Superannuation Act 1972.'.
293Page 108, leave out lines 19 to 28.
294Page 109, line 22, leave out sub-paragraph (2)
295Page 109, line 32, at beginning insert '(1)'.
296Page 109, line 34, at end insert:
'(2) Sub-paragraph (1) does not apply in relation to any document which is or is to be signed in accordance with the law of Scotland.'.


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