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Rule 9.45 Duty of the court upon making a pension compensation sharing order or a pension compensation attachment order

(1)

A court which makes, varies or discharges a pension compensation sharing order or a pension compensation attachment order, must send, or direct one of the parties to send, to the Board—

(a)

in the case of—

(i)

proceedings under Part 3 of the 1984 Act, a copy of the document of divorce, annulment or legal separation;

(ii)

proceedings under Schedule 7 to the 2004 Act, a copy of the document of dissolution, annulment or legal separation;

(b)

in the case of —

(i)

divorce or nullity of marriage, a copy of the F1final order under rule F27.19 or F37.20;

(ii)

dissolution or nullity of civil partnership, a copy of the order making the conditional order final under rule F47.19 or F57.20;

(c)

in the case of separation—

(i)

in the matrimonial proceedings, a copy of the F6judicial separation order;

(ii)

in civil partnership proceedings, a copy of the separation order; and

(d)

a copy of the pension compensation sharing order or the pension compensation attachment order, or as the case may be of the order varying or discharging that order, including any annex to that order relating to that PPF compensation but no other annex to that order.

(2)

The documents referred to in paragraph (1) must be sent—

(a)

in proceedings under the 1973 Act and the 1984 Act, within 7 days beginning with the date on which—

(i)

the relevant pension compensation sharing or pension compensation attachment order is made; or

(ii)

the F7final order of divorce or nullity or the F8judicial separation order is made,

whichever is the later; and

(b)

in proceedings under the 2004 Act, within 7 days beginning with the date on which—

(i)

the relevant pension compensation sharing or pension compensation attachment order is made; or

(ii)

the final order of dissolution or nullity or separation order is made,

whichever is the later.

Annotations

Textual amendments

F1

Words in rule 9.45(1)(b)(i) substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 25(a)(i)(aa) (with rule 29); S.I. 2022/283, reg. 2

F2

Word in rule 9.45(1)(b)(i) substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 25(a)(i)(bb) (with rule 29); S.I. 2022/283, reg. 2

F3

Word in rule 9.45(1)(b)(i) substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 25(a)(i)(cc) (with rule 29); S.I. 2022/283, reg. 2

F4

Word in rule 9.45(1)(b)(ii) substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 25(a)(ii)(aa) (with rule 29); S.I. 2022/283, reg. 2

F5

Word in rule 9.45(1)(b)(ii) substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 25(a)(ii)(bb) (with rule 29); S.I. 2022/283, reg. 2

F6

Words in rule 9.45(1)(c)(i) substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 25(a)(iii) (with rule 29); S.I. 2022/283, reg. 2

F7

Words in rule 9.45(2)(a)(ii) substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 25(b)(i) (with rule 29); S.I. 2022/283, reg. 2

F8

Words in rule 9.45(2)(a)(ii) substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rules 1(3)(a), 25(b)(ii) (with rule 29); S.I. 2022/283, reg. 2