Subordinate Legislation Committee, 21 Nov 2000

Meeting date: Tuesday, November 21, 2000

Official Report 111KB pdf

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Divorce etc (Pensions) (Scotland) Amendment Regulations 2000 (SSI 2000/392)

There are various problems with the regulations, relating to the relevant date for establishing the value of matrimonial property on divorce and to charging for valuations of pension rights.

We should draw the regulations to the attention of the lead committee. The Executive's response is not acceptable, because it appears that the Executive still intends to amend the dates defined in the parent act without having the power to do so. Basically, that is ultra vires.

The other matter that we should draw to the attention of the lead committee is that there appears to be a misunderstanding in the original drafting about the Department of Social Security's intentions in regard to the valuation of benefits and so on and whether charges would be incurred as a result of such valuations. Those are quite fundamental issues which the lead committee should consider.