Paragraph 57 I1

England and Wales

(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 50(1)(i)) 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 instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1: Words in Sch. 5 para. 57(1) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(a); S.I. 2011/664, art. 2(3), Sch. Pt. 2
F2: Words in Sch. 5 para. 57(1)(a)(i) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(b); S.I. 2011/664, art. 2(3), Sch. Pt. 2
F3: Words in Sch. 5 para. 57(1)(b) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(c); S.I. 2011/664, art. 2(3), Sch. Pt. 2
F4: Words in Sch. 5 para. 57(2) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(d); S.I. 2011/664, art. 2(3), Sch. Pt. 2
F5: Words in Sch. 5 para. 57(3) inserted (6.3.2011 for specified purposes otherwise 6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(e); S.I. 2011/664, art. 2(2)(3), Sch.

Commencement

I1: Sch. 5 para. 57 wholly in force at 5.12.2005; Sch. 5 para. 57 not in force at Royal Assent see s. 263; Sch. 5 para. 57(3)(4) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 5 para. 57 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1

Notes on Schedule 5

Textual amendments

F1: Sch. 5 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 177; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

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

Textual amendments

F1: Words in cross-heading before Sch. 5 para. 56 substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(6); S.I. 2011/664, art. 2(3), Sch. Pt. 2