(1) Where the rate or amount of part of the member spouse's retirement benefit payable under a defined benefit scheme is determined on a defined contribution basis, then, without prejudice to the provisions of section 12 (6) of the Act of 1995 and section 17 (6) of the Act of 1996, for the purposes of these regulations, the pension scheme in so far as it relates to such part of the retirement benefit shall be treated as a defined contribution scheme and, in so far as it relates to the remaining part of the retirement benefit, shall be treated as a defined benefit scheme.
(2) Pursuant to article 6 (1) references in these regulations (with the exception of article 34 (1) (a)) to a defined contribution scheme or to a defined benefit scheme shall be construed as including references to a part of such a pension scheme.