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This is the original version (as it was originally made).

Article 19.

SCHEDULE 4AMENDMENTS OF ARTICLES 27B TO 27D OF THE MATRIMONIAL CAUSES ORDER

1.—(1) Article 27B of the Matrimonial Causes Order is amended as follows.

(2) In paragraph (1), for “scheme”, wherever occurring, there is substituted “arrangement”.

(3) Paragraph (2) ceases to have effect.

(4) In paragraph (3), for “scheme” there is substituted “arrangement”.

(5) In paragraph (4)—

(a)for “scheme”, wherever occurring, there is substituted

  • “arrangement”, and

    (b)

    for “trustees or managers of” there is substituted “person responsible for”.

(6) For paragraph (5) there is substituted—

(5) The order must express the amount of any payment required to be made by virtue of paragraph (4) as a percentage of the payment which becomes due to the party with pension rights..

(7) In paragraph (6)—

(a)for “trustees or managers”, in the first place where those words occur, there is substituted “person responsible for the arrangement”, and

(b)for “the trustees or managers”, in the second place where those words occur, there is substituted “his”.

(8) In paragraph (7)—

(a)for the words from “may require any” to “those benefits” there is substituted “has a right of commutation under the arrangement, the order may require him to exercise it to any extent”,

(b)for “the payment of any amount commuted” there is substituted

  • “any payment due in consequence of commutation”, and

    (c)

    for “scheme” there is substituted “arrangement”.

(9) After that paragraph there is added—

(8) The power conferred by paragraph (7) may not be exercised for the purpose of commuting a benefit payable to the party with pension rights to a benefit payable to the other party.

(9) The power conferred by paragraph (4) or (7) may not be exercised in relation to a pension arrangement which—

(a)is the subject of a pension sharing order in relation to the marriage, or

(b)has been the subject of pension sharing between the parties to the marriage.

(10) In paragraph (1), references to benefits under a pension arrangement include any benefits by way of pension, whether under a pension arrangement or not..

2.—(1) Article 27C of that Order is amended as follows.

(2) In paragraph (1), for “scheme” there is substituted “arrangement”.

(3) In paragraph (2)—

(a)in sub-paragraph (a)—

(i)for the words from “trustees” to “have” there is substituted

  • “person responsible for the pension arrangement in question has”, and

    (ii)

    for “them” there is substituted “him”, and

    (b)

    in sub-paragraph (c), for “trustees or managers of the pension scheme” there is substituted “person responsible for the pension arrangement”.

(4) In paragraph (3)—

(a)for “trustees or managers” there is substituted “person responsible for the arrangement”, and

(b)for “the trustees, or managers,” there is substituted “his”.

(5) At the end there is added—

(4) The powers conferred by this Article may not be exercised in relation to a pension arrangement which—

(a)is the subject of a pension sharing order in relation to the marriage, or

(b)has been the subject of pension sharing between the parties to the marriage..

3.—(1) Article 27D of that Order is amended as follows.

(2) For paragraph (1) there is substituted—

(1) Where—

(a)an order made under Article 25 by virtue of Article 27B or 27C imposes any requirement on the person responsible for a pension arrangement (“the first arrangement”) and the party with pension rights acquires rights under another pension arrangement (“the new arrangement”) which are derived (directly or indirectly) from the whole of his rights under the first arrangement, and

(b)the person responsible for the new arrangement has been given notice in accordance with regulations made by the Lord Chancellor,

the order shall have effect as if it had been made instead in respect of the person responsible for the new arrangement..

(3) In paragraph (2)—

(a)for “Regulations may” there is substituted “The Lord Chancellor may by regulations”,

(b)in sub-paragraph (a) for “trustees or managers of a pension scheme” there is substituted “person responsible for a pension arrangement”,

(c)after that sub-paragraph there is inserted—

(aa)make, in relation to payment under a mistaken belief as to the continuation in operation of a provision included by virtue of Article 27B or 27C in an order under Article 25, provision about the rights or liabilities of the payer, the payee or the person to whom the payment was due;,

(d)after sub-paragraph (b) there is inserted—

(ba)make provision for the person responsible for a pension arrangement to be discharged in prescribed circumstances from a requirement imposed by virtue of Article 27B or 27C;,

(e)sub-paragraphs (c) and (d) are omitted,

(f)for sub-paragraph (e) there is substituted—

(e)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 the court’s functions in connection with the exercise of any of its powers under this Part., and

(g)the words after sub-paragraph (e) are omitted.

(4) After that paragraph there is inserted—

(2A) Regulations under paragraph (2)(e) may include—

(a)provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person, and

(b)provision by reference to regulations under Article 27 or 46(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999.

(2B) Regulations under this Article 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..

(5) For paragraphs (3) and (4) there is substituted—

(3) In this Article and Articles 27B and 27C—

  • “occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;

  • “the party with pension rights” means the party to the marriage who has or is likely to have benefits under a pension arrangement and

  • “the other party” means the other party to the marriage;

  • “pension arrangement” means—

    (a)

    an occupational pension scheme,

    (b)

    a personal pension scheme,

    (c)

    a retirement annuity contract,

    (d)

    an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme, and

    (e)

    an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999;

  • “personal pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;

  • “prescribed” means prescribed by regulations;

  • “retirement annuity contract” means a contract or scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;

  • “shareable state scheme rights” has the same meaning as in Article 23A(1); and

  • “trustees or managers”, in relation to an occupational pension scheme or a personal pension scheme, means—

    (a)

    in the case of a scheme established under a trust, the trustees of the scheme, and

    (b)

    in any other case, the managers of the scheme.

(4) In this Article and Articles 27B and 27C, references to the person responsible for a pension arrangement are—

(a)in the case of an occupational pension scheme or a personal pension scheme, to the trustees or managers of the scheme,

(b)in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of “pension arrangement”, the provider of the annuity, and

(c)in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer..

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