OpenLegislation

Paragraph 74A F1

Not yet in force

(1)

This paragraph applies where an appeal against a pension compensation sharing order is begun on or after the day on which the order takes effect.

(2)

If the Board of the Pension Protection Fund has acted to its detriment in reliance on the taking effect of the order the appeal court—

(a)

may not set aside or vary the order;

(b)

may make such further orders (including a pension compensation sharing order) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.

(3)

In determining for the purposes of sub-paragraph (2) whether the Board has acted to its detriment the appeal court may disregard any detriment which in the court's opinion is insignificant.

(4)

Paragraph 14E only applies to a pension compensation sharing order under this paragraph if the decision of the appeal court can itself be the subject of an appeal.

Annotations

Textual amendments

F1

Sch. 15 para. 74A and cross-heading inserted (6.4.2011) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 98, 118, Sch. 5 para. 19; S.R. 2011/108, art. 2(2), 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)