Section 25C Pensions: lump sums.F1

England and Wales

(1)

The power of the court under section 23 above to order a party to a marriage to pay a lump sum to the other party includes, where the benefits which the party with pension rights has or is likely to have under a pension F2arrangement include any lump sum payable in respect of his death, power to make any of the following provision by the order.

(2)

The court may—

(a)

if the F3person responsible for the pension arrangement in question has power to determine the person to whom the sum, or any part of it, is to be paid, require F4him to pay the whole or part of that sum, when it becomes due, to the other party,

(b)

if the party with pension rights has power to nominate the person to whom the sum, or any part of it, is to be paid, require the party with pension rights to nominate the other party in respect of the whole or part of that sum,

(c)

in any other case, require the F5person responsible for the pension arrangement in question to pay the whole or part of that sum, when it becomes due, for the benefit of the other party instead of to the person to whom, apart from the order, it would be paid.

(3)

Any payment by the F6person responsible for the arrangement under an order made under section 23 above by virtue of this section shall discharge so much of F7his liability in respect of the party with pension rights as corresponds to the amount of the payment.

(F84)

The powers conferred by this section may not be exercised in relation to a pension arrangement which—

(a)

is the subject of a pension sharing order in relation to the marriage, or

(b)

has been the subject of pension sharing between the parties to the marriage.

Annotations

Textual amendments

F1: S. 25C inserted (1.8.1996 with effect as mentioned in S.I. 1996/1675) by 1995 c. 26, s. 166(1); S.I. 1996/1675, art. 3(b)
F2: Word in s. 25C(1) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(2); S.I. 2000/1116, art. 2
F3: Words in s. 25C(2)(a) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(3)(a)(i); S.I. 2000/1116, art. 2
F4: Word in s. 25C(2)(a) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(3)(a)(ii); S.I. 2000/1116, art. 2
F5: Words in s. 25C(2)(c) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(3)(b); S.I. 2000/1116, art. 2
F6: Words in s. 25C(3) substituted (11.11.1999 for certain puurposes and otherwise 1.12.2000) by 1999 c. 30, s. 21, Sch. 4 para. 2(4)(a); S.I. 2000/1116, art. 2
F7: Words in s. 25C(3) substituted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(4)(b); S.I. 2000/1116, art. 2
F8: S. 25C(4) inserted (11.11.1999 for specified purposes and 1.12.2000 otherwise) by 1999 c. 30, s. 21, Sch. 4 para. 2(5); S.I. 2000/1116, art. 2