Citation, commencement, effect and interpretation

1. —(1) These Regulations may be cited as the Registered Pension Schemes (Extension of Migrant Member Relief) Regulations 2006, shall come into force on 11th August 2006 and shall have effect in relation to all times on or after 6th April 2006.

(2) In these Regulations—

“the Act” means the Finance Act 2004 ;

“block transfer” has the same meaning as it has in paragraph 22(6) of Schedule 36;

“the receiving scheme” means the scheme referred to in the relevant provisions;

“the relevant provisions” means paragraphs (a), (b) and (c) of paragraph 4(1) of Schedule 33 (meaning of relevant migrant member) ; and

“Schedule” means a Schedule to the Act.

References in relevant provisions treated as including references to other schemes

2. —(1) Paragraphs (2) to (4) prescribe circumstances in which references in the relevant provisions to the pension scheme are to be read as including other schemes.

(2) The circumstance prescribed by this paragraph is that there has been a block transfer to the receiving scheme on or after 6th April 2006.

In the circumstance prescribed by this paragraph, references in the relevant provisions to the pension scheme are to either the receiving scheme or to the scheme from which the block transfer takes place.

(3) The circumstance prescribed by this paragraph is that there has been a series of transfers, all of which were block transfers from one overseas pension scheme to another and the last of which was a transfer to the receiving scheme occurring on or after 6th April 2006.

In the circumstance prescribed by this paragraph, references in the relevant provisions to the pension scheme are to either the receiving scheme or to any of the overseas pension schemes from which a block transfer, which forms part of the series, has taken place.

(4) The circumstance prescribed by this paragraph is that—

(a) under the rules of a pension scheme (“the original scheme”) on and after a specified date it is no longer possible for further accruals to occur;

(b) a further pension scheme (“the new scheme”) has been established to provide benefits in respect of rights accruing to members of the original scheme after the specified date;

(c) more than one member of the original scheme has become a member of the new scheme in relation to all rights accruing after the specified date;

(d) rights do not accrue to any member of the new scheme after the specified date under the original scheme.

In the circumstance prescribed by this paragraph references in the relevant provisions to the pension scheme are to either the new scheme or the original scheme.