Regulation 4 Pension attachment: notices

(1)

This regulation applies in the circumstances set out in sub-paragraphs (a) and (b) of paragraph 27 of Schedule 5 (transfers of pension rights).

(2)

Where this regulation applies, the person responsible for the first arrangement must give notice in accordance with the following paragraphs of this regulation to—

(a)

the person responsible for the new arrangement, and

(b)

the other civil partner.

(3)

The notice to the person responsible for the new arrangement shall include copies of the following documents—

(a)

every order made under Part 1 of Schedule 5 imposing any requirement on the person responsible for the first arrangement in relation to the rights transferred;

(b)

any order varying such an order;

(c)

all information or particulars which the other civil partner has been required to supply under any provision of ~~F1rule 2.70rule 9.33 or 9.34~~ for the purpose of enabling the person responsible for the first arrangement—

(i)

to provide information, documents or representations to the court to enable it to decide what if any requirement should be imposed on that person; or

(ii)

to comply with any order imposing such a requirement;

(d)

any notice given by the other civil partner to the person responsible for the first arrangement under regulation 6; and

(e)

where the pension rights under the first arrangement were derived wholly or partly from rights held under a previous pension arrangement, any notice given to the person responsible for the previous arrangement under paragraph (2) on the occasion of that acquisition of rights.

(4)

The notice to the other civil partner must contain the following particulars—

(a)

the fact that the pension rights have been transferred;

(b)

the date on which the transfer takes effect;

(c)

the name and address of the person responsible for the new arrangement;

(d)

the fact that the order made under Part 1 of Schedule 5 is to have effect as if it had been made in respect of the person responsible for the new arrangement.

(5)

Both notices must be given—

(a)

within the period provided by section 99 of the Pension Schemes Act 1993 M1 for the person responsible for the first arrangement to carry out what the member requires; and

(b)

before the expiry of 21 days after the person responsible for the first arrangement has made all required payments to the person responsible for the new arrangement.

Annotations

Textual amendments

F1: Words in reg. 4(3)(c) substituted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 32 (with art. 39)

Marginal citations

M1: Section 99 was amended by the Pensions Act 1995 section 173, Schedule 6 paragraphs 6(a), (b), (c), (d), (e); the Pensions Act 2004 section 319(1), Schedule 12, paragraphs 9, 14(a), (b); section 320, Schedule 13, Part 1.