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The Welfare Reform and Pensions (Northern Ireland) Order 1999

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This is the original version (as it was originally made).

8.—(1) Article 33 (variation, discharge etc. of certain orders for financial relief) is amended as follows.

(2) In paragraph (2), at the end there is added—

(f)a pension sharing order under Article 26A which is made at a time before the decree has been made absolute..

(3) After paragraph (4) there is inserted—

(4A) In relation to an order which falls within sub-paragraph (f) of paragraph (2) (“the paragraph (2) order”)—

(a)the powers conferred by this Article may be exercised—

(i)only on an application made before the paragraph (2) order has or, but for sub-paragraph (b), would have taken effect; and

(ii)only if, at the time when the application is made, the decree has not been made absolute; and

(b)an application made in accordance with sub-paragraph (a) prevents the paragraph (2) order from taking effect before the application has been dealt with.

(4B) No variation of a pension sharing order shall be made so as to take effect before the decree is made absolute.

(4C) The variation of a pension sharing order prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor.

(4D) Regulations under paragraph (4C) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly..

(4) In paragraph (5) after “property adjustment order” there is inserted

  • “or pension sharing order”.

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