27 Interpretation.

• F3“child support maintenance” has the meaning assigned to it by section 3(6) of the Child Support Act 1991;

• “the court” means the Court of Session or the sheriff, as the case may require;

• “decree” in an action for aliment includes an order of the court awarding aliment;

• “family” includes a one-parent family F21... ;

• “incidental order” has the meaning assigned to it by section 14(2) of this Act;

• F3“F11maintenance assessmentF11maintenance calculation” has the meaning assigned to it by section 54 of the Child Support Act 1991;

• “marriage”, in relation to an action for declarator of nullity of marriage, means purported marriage;

• M1“matrimonial home” has the meaning assigned to it by section 22 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 F4as amended by section 13(10) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985;

• “needs” means present and foreseeable needs;

• “obligation of aliment” shall be construed in accordance with section 1(2) of this Act;

• M2“order for financial provision” means an order under section 8(2) of this Act and, in sections 18(1) and 22(c) of this Act, also includes an order under section 5(2) of the Divorce (Scotland) Act 1976;

• F10“partner”, in relation to a civil partnership, includes a person who F12was a partner in a civil partnership which has been terminated and an ostensible partner in a civil partnership which has been annulled,

• “party to a marriage” and “party to the marriage” include a party to a marriage which has been terminated or annulled;

• F5“pension arrangement” means—

  1. a

     M3any occupational pension scheme within the meaning of the Pension Schemes Act 1993;

  2. b

     a personal pension scheme within the meaning of that Act;

  3. c

     a retirement annuity contract;

  4. d

     an annuity or insurance policy purchased or transferred for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme;

  5. e

     an annuity purchased or entered into for the purpose of discharging liability in respect of a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;

• F14“pension compensation sharing order” is an order which—

  1. a

     provides that one party's shareable rights to PPF compensation that derive from rights under a specified compensation scheme (that is, specified in the order) are to be subject to pension compensation sharing for the benefit of the other party, and

  2. b

     specifies the percentage value or amount to be transferred;

• F13“pension sharing order” is an order which—

  1. a

     provides that one party’s—

     1. i

        shareable rights under a specified pension arrangement, or

     2. ii

        shareable state scheme rights,

     be subject to pension sharing for the benefit of the other party, and

  2. b

     specifies the percentage value, or the amount, to be transferred;

• F6“person responsible for a pension arrangement” means—

  1. a

     in the case of an occupational pension scheme or a personal pension scheme, the trustees or managers of the scheme;

  2. b

     in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of “pension arrangement” above, the provider of the annuity;

  3. c

     in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer;

• “property” in sections 8, 12, 13 and 15 of this Act does not include a tenancy transferable under section 13 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

• F7“relevant state scheme rights” means—

  1. za

     F17shareable new state scheme rights, within the meaning given by section 47(3) of the Welfare Reform and Pensions Act 1999 or corresponding Northern Ireland legislation;

  2. a

     M4entitlement, or prospective entitlement, to a Category A retirement pension by virtue of section 44(3)(b) of the Social Security Contributions and Benefits Act 1992 or under corresponding Northern Ireland legislation; and

  3. b

     M5entitlement, or prospective entitlement, to a pension under section 55A F18or 55AA of the Social Security Contributions and Benefits Act 1992 (shared additional pension) or under corresponding Northern Ireland legislation;

• “resources” means present and foreseeable resources;

• M6F8“retirement annuity contract” means a contract or scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;

• F9“trustees or managers” in relation to an occupational pension scheme or a personal pension scheme means—

  1. a

     in the case of a scheme established under a trust, the trustees of the scheme; and

  2. b

     in any other case, the managers of the scheme;

• “voluntary organisation” means a body, other than a local or other public authority, the activities of which are not carried on for profit.

E128 Amendments, repeals and savings.

29 Citation, commencement and extent.