Article 31 “Implementation period”F1

(1)

For the purposes of this Chapter, the implementation period for a pension credit is the period of 4 months beginning with (and including) the later of—

(a)

the day on which the relevant order or provision takes effect, and

(b)

the first day on which the person responsible for the pension arrangement to which the relevant order or provision relates is in receipt of—

(i)

the relevantF2. . . documents, and

(ii)

such information relating to the transferor and transferee as the Department may prescribe by regulations.

(2)

The reference in paragraph (1)(b)(i) to the relevant. . . documents is to copies of—

(a)

the relevant order or provision, and

(b)

the order, decree or declarator responsible for the divorce, dissolution or annulment to which it relates,

and, if the pension credit depends on provision falling within section 28(1)(f) of the Welfare Reform Act, to documentary evidence that the agreement containing the provision is one to which subsection (3)(a) of that section applies.

(3)

Paragraph (1) is subject to any provision made by regulations under Article 38(2)(a).

(4)

The Department may by regulations—

(a)

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;

(b)

provide for this Article to have effect with modifications where the pension arrangement to which the relevant order or provision relates is being wound up;

(c)

provide for this Article 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.

(5)

In this Article—

“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: mod. by SR 2000/145
F2: 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)