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The Welfare Reform and Pensions (Northern Ireland) Order 1999

Status:

This is the original version (as it was originally made).

Supply of pension information in connection with divorce etc.

21.—(1) The Department may by regulations—

(a)make provision imposing on the person responsible for a pension arrangement, or on the Department, requirements with respect to the supply of information relevant to any power with respect to—

(i)financial relief under Part III of the Matrimonial Causes Order or Part IV of the[1989 NI 4.] Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (powers in relation to domestic and overseas divorce etc.),

(ii)financial relief under Part II of the[1973 c. 18.] Matrimonial Causes Act 1973 or Part III of the[1984 c. 42.] Matrimonial and Family Proceedings Act 1984 (corresponding England and Wales powers), or

(iii)financial provision under the[1985 c. 37.] Family Law (Scotland) Act 1985 or Part IV of the[1984 c. 42.] Matrimonial and Family Proceedings Act 1984 (corresponding Scottish powers),

(b)make provision about calculation and verification in relation to the valuation of—

(i)benefits under a pension arrangement, or

(ii)shareable state scheme rights, for the purposes of regulations under sub-paragraph (a)(i) or (ii),

(c)make provision about calculation and verification in relation to—

(i)the valuation of shareable rights under a pension arrangement or shareable state scheme rights for the purposes of regulations under sub-paragraph (a)(iii), so far as relating to the making of orders for financial provision (within the meaning of the Family Law (Scotland) Act 1985), or

(ii)the valuation of benefits under a pension arrangement for the purposes of such regulations, so far as relating to the making of orders under section 12A of that Act,

(d)make provision for the purpose of enabling the person responsible for a pension arrangement to recover prescribed charges in respect of providing information in accordance with regulations under sub-paragraph (a).

(2) Regulations under paragraph (1)(b) or (c) may include provision for calculation or verification in accordance with guidance from time to time prepared by a person prescribed by the regulations.

(3) Regulations under paragraph (1)(d) may include provision for the application in prescribed circumstances, with or without modification, of any provision made by virtue of Article 38(2).

(4) In paragraph (1)—

(a)the reference in sub-paragraph (c)(i) to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part V, or under Chapter I of Part IV of the Welfare Reform Act, and

(b)the references to shareable state scheme rights are to rights in relation to which pension sharing is available under Chapter II of Part V, or under Chapter II of Part IV of the Welfare Reform Act.

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