Article 5 Amendment to the 1996 Rules

After rule 2.73 insert—

“Pension Protection Fund

2.73A

(1)

This rule applies where—

(a)

rule 2.73 applies; and

(b)

the party with pension rights or the civil partner with pension rights (“the member”) receives or has received notification in compliance with the Pension Protection Fund (Provision of Information) Regulations (Northern Ireland) 2005^f1 (“the 2005 Regulations”)—

(i)

from the person responsible for the pension arrangement that there is an assessment period in relation to the pension arrangement; or

(ii)

from the Board that it has assumed responsibility for the pension arrangement, or part of it.

(2)

If the person responsible for the pension arrangement notifies or has notified the member that there is an assessment period in relation to the pension arrangement, the member shall send to the other party or other civil partner—

(a)

a copy of the notification; and

(b)

a copy of the valuation summary,

in accordance with paragraph (3).

(3)

The member shall send the documents referred to in paragraph (2)—

(a)

if available, when he sends the information under rule 2.73(2); or

(b)

otherwise, within 7 days of receipt.

(4)

If—

(a)

the pension arrangement is in an assessment period; and

(b)

the Board notifies the member that it has assumed responsibility for the pension arrangement, or part of it,

the member shall—

(i)

send a copy of the notification to the other party or other civil partner within 7 days of receipt; and

(ii)

comply with paragraph (5).

(5)

Where paragraph (4) applies, the member shall—

(a)

within 7 days of receipt of the notification, request the Board in writing to provide a forecast of his compensation entitlement as described in the Table in paragraph 1(2) of Schedule 1 to the 2005 Regulations; and

(b)

send a copy of the forecast of his compensation entitlement to the other party or other civil partner within 7 days of receipt.

(6)

In this rule—

(a)

in a matrimonial cause, all words and phrases defined in Article 27E(9) of the Order of 1978 have the meanings assigned by that paragraph;

(b)

in a civil partnership cause, all words and phrases defined in paragraph 32 of Schedule 15 to the Act of 2004 have the meanings assigned by that paragraph; and

(c)

“valuation summary” has the meaning assigned to it by paragraph 1(1) of Schedule 2 to the 2005 Regulations.

(7)

Paragraph (19) of rule 2.73 shall apply to this rule as it applies to rule 2.73.”.