Regulation 5 Provision of information in response to a notification that a pension compensation sharing order etc may be made

(1)

On a direction from the court or a request from the member, the Board must supply the information specified in paragraph (2) to the member or to the court, as the case may be—

(a)

within 21 days beginning with the day that the Board received the notification that a pension compensation sharing order, a pension compensation attachment order, or a qualifying agreement containing provision equivalent to such orders, may be made; or

(b)

if the court has specified a date which is before or after the 21 day period specified in sub-paragraph (a), by that date.

(2)

The information referred to in paragraph (1) is—

(a)

the full name and address of the person to whom any order or provision specified in section 109 of the Act (activation of pension compensation sharing) should be sent;

(b)

whether the Board is aware that the member's rights to PPF compensation are subject to any, and if so, which, of the following—

(i)

any order or provision specified in section 109 of the Act;

(ii)

any order or provision specified in section 28(1) (activation of pension sharing) of the Welfare Reform and Pensions Act 1999 M1;

(iii)

an order under section 23 (financial provision orders in connection with divorce proceedings etc.) of the Matrimonial Causes Act 1973 M2, which includes provision made by virtue of section 25B (pensions) or 25C (pensions: lump sums) of that Act M3;

(iv)

an order under Part 1 of Schedule 5 (financial provision orders in connection with dissolution of civil partnerships etc: England and Wales) to the Civil Partnership Act 2004 M4, which includes provision made by virtue of Part 6 of that Schedule (powers to include provision about pensions);

(v)

an order under section 23 of the Matrimonial Causes Act 1973, which includes provision made by virtue of section 25F (attachment of pension compensation) of that Act M5;

(vi)

an order under Part 1 of Schedule 5 to the Civil Partnership Act 2004, which includes provision made by virtue of paragraph 34A (attachment of PPF compensation) of Part 7 of that Schedule M6;

(vii)

an order under Article 25 (financial provision orders in connection with divorce proceedings, etc.) of the Matrimonial Causes (Northern Ireland) Order 1978 M7, which includes provision made by virtue of Article 27B (pensions) or 27C (pensions: lump sums) of that Order M8;

(viii)

an order under Part 1 (financial provision in connection with divorce, nullity or separation) of Schedule 15 to the Civil Partnership Act 2004, which includes provision made by virtue of Part 5 (making of Part 1 orders having regard to pension benefits) of that Schedule M9;

(ix)

an order under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978, which includes provision made by virtue of Article 27F (attachment of pension compensation) of that Order M10;

(x)

an order under Part 1 of Schedule 15 to the Civil Partnership Act 2004, which includes provision made by virtue of paragraph 29A (attachment of PPF compensation) of Part 6 of that Schedule M11;

(xi)

an order under section 8 (orders for financial provision) of the Family Law (Scotland) Act 1985, which includes provision made by virtue of section 12A(2) (orders for payment of capital sum: pensions lump sums) or (3) or 12B (order for payment of capital sum: pension compensation) of that Act M12;

(xii)

any provision corresponding to provision which may be made by such an order, and which is contained in a qualifying agreement between the parties to a marriage or the partners to a civil partnership;

(xiii)

a forfeiture order;

(xiv)

a bankruptcy order;

(xv)

an award of sequestration on a member's estate or the making of the appointment on the member's estate of a judicial factor under section 41 (appointment of judicial factor) of the Solicitors (Scotland) Act 1980 M13;

(c)

whether the member's rights to PPF compensation include rights which are not shareable or cannot be subject to a pension compensation attachment order;

(d)

if such information has not already been supplied, details of any charges that the Board will impose in accordance with regulation 18 (charges in respect of pension compensation sharing costs etc recoverable by the Board) and the method by which they may be recovered; and

(e)

whether the Board requires any information additional to that specified in regulation 9 (information to be supplied in order for the implementation period to begin) in order to implement the pension sharing order or provision.

Annotations

Marginal citations

M1: 1999 c. 30. Section 28(1) was amended by paragraph 159(1) to (7) of Schedule 27 to the Civil Partnership Act 2004 (c. 33).
M2: 1973 c. 18. Section 23 was amended by section 16 of the Administration of Justice Act 1982 (c. 53).
M3: Sections 25B and 25C were inserted by section 166(1) of the Pensions Act 1995(c.26). Section 25B was amended by paragraph 1 of Schedule 4 to the Welfare Reform and Pensions Act 1999 and is modified, in cases where the Board becomes involved with or assumes responsibility for a scheme, by S.I. 2006/1932. Section 25C was amended by paragraph 2 of Schedule 4 to that Act.
M4: 2004 c.33.
M5: Section 25F was inserted by paragraph 7 of Schedule 6 to the Pensions Act 2008 (c. 30).
M6: Paragraph 34A of Part 7 of Schedule 5 was inserted by paragraph 17(3) of Schedule 6 to the Pensions Act 2008 (c.30).
M7: S.I. 1978/1045 (N.I. 15). Article 25 was amended by Article 5 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I. 4)).
M8: Articles 27B and 27C were inserted by Article 162(1) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)). Article 27B was amended by paragraph 1 of Schedule 4 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and is modified, in cases where the Board becomes involved with or assumes responsibility for a scheme, by S.R. 2006 No. 310. Article 27C was amended by paragraph 2 of Schedule 4 to S.I. 1999/3147 (N.I. 11).
M9: Part 5 was amended by paragraph 75(1) and (3) of Schedule 18 to S.I. 2010/976.
M10: Article 27F was inserted by paragraph 7 of Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13 (N.I.)).
M11: Paragraph 29A was inserted by paragraph 17(3) of Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13 (N.I.).
M12: Section 12A was inserted by section 167(3) of the Pensions Act 1995. Section 12A(2) was amended by section 84 of and paragraphs 5, 9(1) and 9(3) of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c. 30), section 261(2) of and paragraph 19(1) and (3) of Schedule 28 to the Civil Partnership Act 2004 (c. 33), and section 45(1) of and paragraph 5(1) and (2) of Schedule 2 to the Family Law (Scotland) Act 2006 (asp 2). Subsection 12A(3) was amended by section 84 of and paragraphs 5, 9(1) and 9(4) of Schedule 12 to the Welfare Reform and Pensions Act 1999, and section 261(2) of and paragraph 19(1) and (4) of Schedule 28 to the Civil Partnership Act 2004. Section 12B was inserted by paragraph 6 of Schedule 7 to the Pensions Act 2008.
M13: 1980 c.46. Section 41 was amended by paragraph 19 of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) and paragraphs 1 and 13 of Schedule 1 to the Solicitors (Scotland) Act 1988 (c. 42).