Regulation 4 Variation and appeal of pension sharing or pension attachment orders

(1)

This regulation applies where—

(a)

the court makes—

(i)

a pension sharing order in respect of a person’s shareable rights under an occupational pension scheme; or

(ii)

an order which includes provision made by virtue of paragraph 25(2) or (5) in relation to such a scheme;

(b)

the Board subsequently assumes responsibility for the scheme as mentioned in paragraph 37(2); and

(c)

the court intends to exercise any of the powers referred to in paragraph 34(2).

(2)

Where this regulation applies, the following provisions of Schedule 5 are modified so that they apply as if—

(a)

after paragraph 16(1) there were inserted—

“(1A)

Where paragraph 34 applies, the reference in sub-paragraph (1)—

(a)

to shareable rights under a specified pension arrangement shall include a reference to entitlement to PPF compensation (as defined in paragraph 30(3)); and

(b)

to pension sharing shall include a reference to sharing of that compensation.”; and

(b)

in paragraph 25(1) to (7)—

(i)

a reference to benefits under a pension arrangement includes a reference to entitlement to PPF compensation;

(ii)

a reference to the person responsible for the pension arrangement includes a reference to the Board; and

(iii)

a reference to the civil partner with pension rights includes a reference to the civil partner entitled to PPF compensation.