Citation, commencement and effect

1. —(1) These Regulations may be cited as the Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) (Amendment) Regulations 2012 and come into force on 1st August 2012.

(2) The amendments made by regulations 3 to 5 have effect for the tax year 2011-12 and subsequent tax years.

(3) The amendments made by paragraphs (2) to (4) and (8) of regulation 6 have effect in relation to any lump sum to which a person becomes entitled for the purposes of Part 4 of the Finance Act 2004 on or after 6th April 2011.

(4) The amendments made by paragraphs (5) to (7) of regulation 6 have effect in relation to any lump sums paid on or after 6th April 2011.

Amendment of the Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006

2.The Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006( 3 ) are amended as follows.

3. For regulation 6 (modification of pension rules) substitute—

“ Modification of section 165

6. In section 165 (pension rules)—

(a) in subsection (1), in pension rule 4 omit from “but a scheme pension” to the end, and

(b) in subsection (3A), for “scheme administrator” (in both places) substitute “scheme manager”. ” .

4. For regulation 7 (modification of pension death benefit rules) substitute—

“ Modification of section 167

7. In section 167 (pension death benefit rules)—

(a) in subsection (1), in pension death benefit rule 3 omit from “but a dependants’ scheme pension” to the end, and

(b) in subsection (2A), for “scheme administrator” (in both places) substitute “scheme manager”. ” .

5. —(1)Regulation 14(3) (modification of Schedule 28) is amended as follows.

(2) For sub-paragraph (c) substitute—

“ (c) paragraph 10 (in each place where the expression occurs); ” .

(3) After sub-paragraph (c) insert—

“ (ca) paragraph 10A (in each place where the expression occurs);

(cb) paragraph 10B (in each place where the expression occurs); ” .

(4) After sub-paragraph (d) insert—

“ (da) paragraph 14E(2); ” .

(5) For sub-paragraph (f) substitute—

“ (f) paragraph 24 (in each place where the expression occurs); ” .

(6) After sub-paragraph (f) insert—

“ (fa) paragraph 24A (in each place where the expression occurs);

(fb) paragraph 24B (in each place where the expression occurs);

(fc) paragraph 24G(2); ” .

6. —(1)Regulation 15 (modification of Schedule 29) is amended as follows.

(2) In paragraph (2) (modification of paragraph 1)—

(a) in paragraph (b) of the sub-paragraph (4B) treated as inserted, at the end insert “and disregarding paragraph 2 of Schedule 32.”, and

(b) in paragraph (b) of the sub-paragraph (4C) treated as inserted, at the end insert “and disregarding paragraph 2 of Schedule 32.”.

(3) In paragraph (3) (modification of paragraph 2)—

(a) in sub-paragraph (a), in the definition of “AAC” treated as substituted—

(i) in paragraph (a) after “entitlement to a pension arises” insert “, as adjusted under sub-paragraph (7)”, and

(ii) for the definition of “RP” substitute—

“ RP is the referable portion of the amount which would have crystallised, had the scheme paying it been a registered pension scheme and disregarding paragraphs 2 and 15A of Schedule 32, in respect of any previous pension commencement lump sum or pension to which the member became entitled since the relevant BCE occurred, as adjusted under sub-paragraph (7) (but excluding any amount included in paragraph (a)). ” ,

(b) after sub-paragraph (a) insert—

“ (aa) in sub-paragraph (7) for “the relevant amount” substitute “the amount which is, or would have, crystallised”; ” ,

(c) in sub-paragraph (b)—

(i) for “after sub-paragraph (6)” substitute “after sub-paragraph (7)”,

(ii) renumber the sub-paragraph (6A) treated as inserted as sub-paragraph (7ZA), and

(iii) in sub-paragraph (7ZA) treated as inserted (as renumbered in accordance with this sub-paragraph) for “paragraph (6)” substitute “sub-paragraph (6)”, and

(d) after sub-paragraph (b) insert—

“ (c) after sub-paragraph (7A) insert—

“ (7B) But sub-paragraph (7A)(b) does not apply to anything which, but for paragraph 2 or 15A of Schedule 32, would have constituted a relevant BCE. ” ” .

(4) After paragraph (3) insert—

“ (3A) In paragraph 3, after sub-paragraph (7) insert—

“ (7ZA) Where a relevant BCE has occurred in relation to the member, sub-paragraph (6) has effect as if for the definition of “AC” in sub-paragraph (7) there were substituted—

“ “AC” is —

(5) In paragraph (4)(b) (modification of paragraph 4)—

(a) renumber the sub-paragraphs treated as inserted as sub-paragraphs (4) to (7),

(b) in paragraph (b) of the sub-paragraph (5) treated as inserted (as renumbered in accordance with this paragraph), for “sub-paragraph (5) or (6)” substitute “sub-paragraph (6) or (7)”,

(c) in paragraph (b) of the sub-paragraph (6) treated as inserted (as renumbered in accordance with this paragraph), at the end insert “and disregarding paragraph 2 of Schedule 32.”, and

(d) in paragraph (b) of the sub-paragraph (7) treated as inserted (as renumbered in accordance with this paragraph), at the end insert “and disregarding paragraph 2 of Schedule 32.”.

(6) In paragraph (6) (modification of paragraph 7)—

(a) in paragraph (b) of the sub-paragraph (7) treated as inserted, at the end insert “and disregarding paragraph 2 of Schedule 32.”, and

(b) in paragraph (b) of the sub-paragraph (8) treated as inserted, at the end insert “and disregarding paragraph 2 of Schedule 32.”.

(7) In paragraph (7) (modification of paragraph 10)—

(a) in paragraph (b) of the sub-paragraph (5) treated as inserted, at the end insert “and disregarding paragraph 2 of Schedule 32.”, and

(b) in paragraph (b) of the sub-paragraph (6) treated as inserted, at the end insert “and disregarding paragraph 2 of Schedule 32.”.

(8) After paragraph (9) insert—

“ (9A) In paragraph 12 (interpretation of Part 1), after sub-paragraph (1A) insert—

“ (1B) But sub-paragraph (1A)(b) does not apply to anything which, but for paragraph 2 of Schedule 32, would have constituted a relevant BCE. ” ” .