Office of Public Sector Information
SCHEDULE 6 continued PART 3 continued
“prescribed” means prescribed by regulations;”.
18 (1) Part 11 of Schedule 5 (variation, discharge etc of certain orders for financial relief) is amended as follows.
(2) In paragraph 50(1)(f)—
(a) omit “or” at the end of sub-paragraph (i);
(b) at the end of sub-paragraph (ii) insert “or”;
(c) after that sub-paragraph insert—
“(iii) paragraph 34A(2),”;
(d) in the closing words after “pension rights” insert “or pension compensation rights”.
(3) In paragraph 50(1)(i) after “a pension sharing order” insert “, or a pension compensation sharing order,”.
(4) After paragraph 53(2)(c) insert—
“(ca) a pension compensation sharing order;”.
(5) After paragraph 54(5) insert—
“(6) Paragraph 19D (restrictions on making pension compensation sharing orders) applies in relation to a pension compensation sharing order under paragraph 53 as it applies in relation to any other pension compensation sharing order.”
(6) In the italic heading before paragraph 56 for “and pension sharing orders” substitute “, pension sharing and pension compensation sharing orders”.
(7) In the following provisions of paragraph 57, after “pension sharing order” insert “or pension compensation sharing order”—
(a) the opening words of sub-paragraph (1);
(b) sub-paragraph (1)(a)(i);
(c) sub-paragraph (1)(b);
(d) sub-paragraph (2);
(e) sub-paragraph (3).
(8) In paragraph 58(2) for “or pension sharing order” substitute “, pension sharing order or pension compensation sharing order”.
19 In Part 14 of Schedule 5 (miscellaneous and supplementary) after paragraph 79 insert—
79A (1) This paragraph applies where an appeal against a pension compensation sharing order is begun on or after the day on which the order takes effect.
(2) If the Board of the Pension Protection Fund has acted to its detriment in reliance on the taking effect of the order the appeal court—
(a) may not set aside or vary the order;
(b) may make such further orders (including a pension compensation sharing order) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.
(3) In determining for the purposes of sub-paragraph (2) whether the Board has acted to its detriment the appeal court may disregard any detriment which in the court’s opinion is insignificant.
(4) Paragraph 19E only applies to a pension compensation sharing order under this paragraph if the decision of the appeal court can itself be the subject of an appeal.”
20 (1) In Schedule 7 (financial relief in England and Wales after overseas dissolution etc of a civil partnership), in the italic heading before paragraph 9, for “and pension sharing” substitute “, pension sharing and pension compensation sharing”.
(2) In paragraph 9(2) of that Schedule—
(a) for “or 4” substitute “, 4 or 4A”;
(b) for “and pension sharing” substitute “, pension sharing and pension compensation sharing”.
(3) In paragraph 10(9)(c) of that Schedule omit “Part 7 of”.
(4) In paragraph 14 of that Schedule—
(a) after sub-paragraph (1)(c) insert—
“(ca) paragraphs 19C, 19D and 19E(2) and (3) (pension compensation sharing);”;
(b) in sub-paragraph (1)(e) for “37” substitute “34 and 35 to 37”;
(c) after that provision insert—
“(ea) paragraph 34A (orders under Part 1 relating to pension compensation attachment);”;
(d) in sub-paragraph (1)(i) for “79” substitute “79A”;
(e) in that provision for “and pension-sharing appeals” substitute “, pension-sharing appeals and pension compensation-sharing appeals”;
(f) in sub-paragraph (2) after “Sub-paragraph (1)(d)” insert “and (ea)”;
(g) in sub-paragraph (4) at the end add “or under paragraphs 34B to 36 of that Schedule (supplementary provision about orders relating to pension compensation)”.
Pensions Act 2008