(This archived guidance relates to HMRC discretionary
practice before the 6th April 2006. For current guidance on
Registered Pension Schemes see the Registered Pension Schemes
Manual)
Amendments for pension sharing on divorce purposes were made
to The Retirement Benefits Schemes (Restriction on Discretion to
Approve) (Additional Voluntary Contributions) Regulations 1993 [SI
1993 No 3016] by The Retirement Benefits Schemes (Restriction on
Discretion to Approve) (Additional Voluntary Contributions)
(Amendment) Regulations 2000 [SI 2000 No 1088], which came into
force on 10 May 2000. To ensure that the amending regulations did
not trigger a 3-year deadline for rule amendments under the terms
of section 591A(2) ICTA 1988, The Retirement Benefits Schemes
(Restriction on Discretion to Approve) (Excepted Provisions)
Regulations [SI 2000 No 1087] also came into force on 10 May 2000.
Schemes which were approved before the amending regulations came
into force on 10 May 2000 and have not been amended to give effect
to the AVC regulations generally (ie the regulations that
originally came into force in 1993 together with, now, the
subsequent amendments made in 2000) are still expected to
Schemes that amended their rules with the standard form of words in PSI4.3.14 should not need to make a further amendment to take into account the amending regulations. Schemes that have rules that do not recognize potential amendments to the 1993 regulations would be expected to voluntarily comply with the requirements of the 2000 regulations and make a suitable to amendment to their rules at the next convenient opportunity. An amendment which states that the scheme will continue to be administered in accordance with the 1993 regulations “as amended” will be acceptable.
