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Article 25 Activation of pension sharing

(1)

Article 26 applies on the taking effect of any of the following relating to a person's shareable rights under a pension arrangement—

(a)

a pension sharing order under the Matrimonial Causes Order;

F1(aa)

a pension sharing order under Schedule 15 to the Civil Partnership Act 2004,

(b)

an order under Part IV of the 1989 NI 4. Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (financial relief in Northern Ireland in relation to overseas divorce etc.) corresponding to such an order mentioned in sub-paragraph (a);

(ba)

an order under Schedule 17 to the 2004 Act (financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership) corresponding to such an order as is mentioned in paragraph (aa),

(c)

an order or provision to which any of paragraphs (a) to (g) of subsection (1) of section 28 of the Welfare Reform Act applies (pension sharing orders under the 1973 c. 18. Matrimonial Causes Act 1973 and the 1985 c. 37. Family Law (Scotland) Act 1985 and other provisions and orders in Great Britain corresponding to pension sharing orders under those Acts).

(2)

The reference in paragraph (1) to paragraphs (a) to (g) of subsection (1) of section 28 of the Welfare Reform Act is to those paragraphs as they have effect subject to the provisions of that section and section 85(5) of that Act.

Annotations

Textual amendments

F1

2004 c.33

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481

F2

functions transf. by 2005 NI 1

Notes on Part V

Modifications

C1

Pt. V (arts. 24-48) power to modify conferred (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 294(d); S.R. 2006/95, art. 2(c), Sch. Pt. 3

C2

Pt. V (arts. 24-48) power to modify conferred (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 115(2)(c), 118(2)(g)

Notes on Chapter I

Modifications

C1

Pt. V Ch. I (arts. 24-43) modified (1.8.2006) by Pension Protection Fund (Pension Sharing) Regulations (Northern Ireland) 2006 (S.R. 2006/282), reg. 2(2)(a)-(c)