Section 34 “Implementation period”.C1I1
England, Wales and Scotland
For the purposes of this Chapter, the implementation period for a pension credit is the period of 4 months beginning with the later of—
the day on which the relevant order or provision takes effect, and
the first day on which the person responsible for the pension arrangement to which the relevant order or provision relates is in receipt of—
the relevant F1... documents, and
such information relating to the transferor and transferee as the Secretary of State may prescribe by regulations.
The reference in subsection (1)(b)(i) to the relevant F2... documents is to copies of—
the relevant order or provision, and
the order, decree or declarator responsible for the divorceF3, dissolution or annulment to which it relates,
and, if the pension credit depends on provision falling within subsection (1)(f) of section 28, to documentary evidence that the agreement containing the provision is one to which subsection (3)(a) of that section applies.
Subsection (1) is subject to any provision made by regulations under section 41(2)(a).
The Secretary of State may by regulations—
make provision requiring a person subject to liability in respect of a pension credit to notify the transferor and transferee of the day on which the implementation period for the credit begins;
provide for this section to have effect with modifications where the pension arrangement to which the relevant order or provision relates is being wound up;
provide for this section to have effect with modifications where the pension credit depends on a pension sharing order and the order is the subject of an application for leave to appeal out of time.
In this section—
“relevant order or provision”, in relation to a pension credit, means the pension sharing order or provision on which the pension credit depends;
“transferor” means the person to whose rights the relevant order or provision relates;
“transferee” means the person for whose benefit the relevant order or provision is made.
Annotations
Textual amendments
- F1
Word in s. 34(1)(b)(i) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 160(2), Sch. 30; S.I. 2005/3175, art. 2(2)(6)
- F2
Word in s. 34(2) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 160(3)(a), Sch. 30; S.I. 2005/3175, art. 2(2)(6)
- F3
Word in s. 34(2)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 160(3)(b); S.I. 2005/3175, art. 2(2)
Modifications
- C1
S. 34 modified (1.12.2000) by S.I. 2000/1053, art. 4
Commencement
- I1
S. 34 wholly in force at 1.12.2000; s. 34 in force for certain purposes at Royal Assent see s. 89(1); s. 34 in force at 1.12.2000 insofar as not already in force by S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV
Notes on Part IV
Modifications
- C1
Pts. I-IV modified (6.4.2006) by Pensions Act 2004 (c. 35), ss. 254(3)(c), 322(1) (with s. 313); S.I. 2006/560, art. 2(3), Sch. Pt. 3
- C2
Pts. I-IV: power to modify conferred (6.4.2006) by Pensions Act 2004 (c. 35), ss. 321(1)(d), 322(1); S.I. 2006/560, art. 2(3), Sch. Pt. 3
- C3
Pts. I-IV: power to modify conferred (26.11.2008) by Pensions Act 2008 (c. 30), ss. 146(2)(c), 149(2)
Notes on Chapter I
Modifications
- C1
Pt. IV Ch. I power to apply (with modifications) conferred (1.1.2006) by Pensions Act 2004 (c. 35), ss. 220(2), 322(1) (with s. 313); S.I. 2005/3331, art. 2(3), Sch. Pt. 3
- C2
Pt. IV Ch. I modified (1.8.2006) by The Pension Protection Fund (Pension Sharing) Regulations 2006 (S.I. 2006/1690), regs. 1(1), 2