The Pensions on Divorce etc. (Charging) Regulations (Northern Ireland) 2000

Explanatory Note

(This note is not part of the Regulations.)

These Regulations set out the circumstances in which a person responsible for a pension arrangement may recover charges in respect of the provision of information in connection with pensions on divorce, separation or nullity, complying with an earmarking or attachment order, or in connection with pension sharing activity.

Regulation 1 provides for citation, commencement and interpretation.

Regulation 2 specifies the requirements which must be met by the person responsible for a pension arrangement before he may recover charges.

Regulation 3 specifies the charges a person responsible for a pension arrangement may recover as a result of providing information in accordance with the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000.

Regulation 4 sets out how a person responsible for a pension arrangement may recover charges in respect of the provision of information.

Regulation 5 specifies the charges which are recoverable in respect of pension sharing activity.

Regulation 6 provides that additional amounts such as interest may be recovered by a person responsible for a pension arrangement in respect of pension sharing activity even though these amounts may not have been included in the schedule of charges issued to the member.

Regulation 7 provides that a person responsible for a pension arrangement may postpone the commencement of the implementation period pending the payment in full or in part of outstanding charges in respect of pension sharing activity.

Regulation 8 provides that if one party to pension sharing pays the other party’s proportion of the charges, he may recover from the other party that amount as a debt.

Regulation 9 sets out how a person responsible for a pension arrangement may recover charges in respect of pension sharing activity.

Regulation 10 specifies the prescribed charges which are recoverable by a person responsible for a pension arrangement in relation to complying with an earmarking order.

As these Regulations make only provision corresponding to provision contained in regulations made by the Secretary of State for Social Security in relation to Great Britain, the requirement for consultation does not apply by virtue of Article 73(9) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (“the Order”).

The Welfare Reform and Pensions (1999 Order) (Commencement No. 3) Order (Northern Ireland) 2000 (S.R. 2000 No. 133 (C. 5)) provides for the coming into operation of Articles 21(1)(d) and (3), 22 and 38(1) and (2) of the Order, insofar as they are not already in operation, on 1st December 2000.