Regulation 5 Pension compensation sharing order not to take effect pending appeal

(1)

No pension compensation sharing order under the provisions listed in paragraph (2), or a variation of a pension compensation sharing order under the provisions listed in paragraph (3), shall take effect earlier than 7 days after the end of the period for filing notice of appeal against the order.

(2)

The provisions referred to in paragraph (1) in relation to pension compensation sharing orders are—

(a)

Article 26A of the 1978 Order^f1;

(b)

Article 21(1)(c) of the 1989 Order^f2;

(c)

paragraph 14A of Schedule 15 to the 2004 Act^f3;

(d)

paragraph 9(2) of Schedule 17 to the 2004 Act.

(3)

The provisions referred to in paragraph (1) in relation to variation of pension compensation sharing orders are—

(a)

Article 33 of the 1978 Order^f4;

(b)

paragraph 50 of Schedule 15 to the 2004 Act^f5.

(4)

The filing of a notice of appeal within the time allowed for doing so prevents the order taking effect before the appeal has been dealt with.

Annotations

Footnotes

f1: Article 26A of the 1978 Order was inserted by Article 18 of and paragraph 5 of Schedule 3 to the Welfare Reform and Pensions (NI) Order 1999.
f2: Article 21(1)(c) of the 1989 Order was inserted by section 98 and Part 2, paragraph 11 of Schedule 5 to the Pensions (No.2) Act (NI) 2008.
f3: Paragraph 14A of Schedule 15 to the Civil Partnership Act 2004 was inserted by section 98 and Part 3, paragraph 15 of Schedule 5 to the Pensions (No.2) Act (NI) 2008.
f4: Article 33(2)(f) was inserted by Article 18 of and paragraph 8(2) of Schedule 3 to the Welfare Reform and Pensions (NI) Order 1999 and amended by section 98 of and Part 1, paragraph 8(3) of Schedule 5 to the Pensions (No.2) Act (NI) 2008.
f5: Paragraph 50 was amended by section 98 of and Part 3, paragraph 18(5) of Schedule 5 to the Pensions (No.2) Act (NI) 2008.