SCHEDULE 7 Pension Compensation on Divorce etc: Scotland
Pensions Act 2008 (2008 c 30) | Legislation

SCHEDULE 7 Pension Compensation on Divorce etc: Scotland

Section 120

1

The Family Law (Scotland) Act 1985 (c 37) is amended as follows.

2

In section 8 (orders for financial provision)—

(a)     in subsection (1)—

(i)     after paragraph (baa) insert—

“(bab)          a pension compensation sharing order;â€,

(ii)     after paragraph (ba) insert—

“(bb)     an order under section 12B(2);â€,

(b)     subsection (4A) is repealed,

(c)     after subsection (7) add—

“(8)     The court shall not, in the same proceedings, make both a pension compensation sharing order and an order under section 12B(2) in relation to the same PPF compensation.

(9)     The court shall not make a pension compensation sharing order in relation to rights to PPF compensation that—

(a)     derive from rights under a pension scheme which is subject to an order made under section 12A(2) or (3) in relation to the marriage or (as the case may be) civil partnership or a previous one between the same persons,

(b)     derive from rights under a pension scheme which were at any time the subject of a pension sharing order in relation to the marriage or (as the case may be) civil partnership or a previous

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