Paragraph 50 I1

Northern Ireland

(1)

In relation to a pension sharing order F1or pension compensation sharing order which is made at a time before the dissolution or nullity order has been made final—

(a)

the powers conferred by this Part (by virtue of paragraph 45(1)(h)) may be exercised—

(i)

only on an application made before the pension sharing order F2or pension compensation sharing order has or, but for paragraph (b), would have taken effect, and

(ii)

only if, at the time when the application is made, the dissolution or nullity order has not been made final, and

(b)

an application made in accordance with paragraph (a) prevents the pension sharing order F3or pension compensation sharing order from taking effect before the application has been dealt with.

(2)

No variation of a pension sharing order F4or pension compensation sharing order is to be made so as to take effect before the order is made final.

(3)

The variation of a pension sharing order F5or pension compensation sharing order prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor.

(4)

The power to make regulations under sub-paragraph (3) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(5)

Regulations under sub-paragraph (3) are subject to F6negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Annotations

Textual amendments

F1: Words in Sch. 15 para. 50(1) inserted (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118, Sch. 5 para. 18(5)(a); S.R. 2011/108, art. 2(2), Sch.
F2: Words in Sch. 15 para. 50(1)(a)(i) inserted (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118, Sch. 5 para. 18(5)(b); S.R. 2011/108, art. 2(2), Sch.
F3: Words in Sch. 15 para. 50(1)(b) inserted (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118, Sch. 5 para. 18(5)(c); S.R. 2011/108, art. 2(2), Sch.
F4: Words in Sch. 15 para. 50(2) inserted (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118, Sch. 5 para. 18(5)(d); S.R. 2011/108, art. 2(2), Sch.
F5: Words in Sch. 15 para. 50(3) inserted (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118, Sch. 5 para. 18(5)(e); S.R. 2011/108, art. 2(2), Sch.
F6: Words in Sch. 15 para. 50(5) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 75(5) (with arts. 28-31)

Commencement

I1: Sch. 15 para. 50 wholly in force at 5.12.2005; Sch. 15 para. 50 not in force at Royal Assent see s. 263; Sch. 15 para. 50(3)(4)(5) in force for certain purposes at 5.9.2005 by S.I. 2005/2399, art. 2, Sch. and Sch. 15 para. 50 in force otherwise at 5.12.2005 by S.I. 2005/3255, art. 2(1), Sch.

Notes on Schedule 15

Modifications

C1: Sch. 15: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 21(b) (with arts. 15(6), 28-31)

Notes on Variation etc. of property adjustment , pension sharing and pension compensation sharing orders

Textual amendments

F1: Words in Sch. 15 para. 49 cross-heading substituted (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118, Sch. 5 para. 18(4); S.R. 2011/108, art. 2(2), Sch.