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

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3.—(1) For the purpose of the court’s functions in connection with the exercise of any of its powers under Part III of the Matrimonial Causes (Northern Ireland) Order 1978, benefits under a pension arrangement shall be calculated and verified in the manner set out in regulation 3 of the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000(1), and—

(a)the benefits shall be valued as at a date to be specified by the court (being not earlier than one year before the date of the petition and not later than the date on which the court is exercising its power);

(b)in determining that value the court may have regard to information furnished by the person responsible for the pension arrangement pursuant to any of the provisions set out in paragraph (2); and

(c)in specifying a date under sub-paragraph (a) the court may have regard to the date specified in any information furnished as mentioned in sub-paragraph (b).

(2) The relevant provisions for the purpose of paragraph (1)(b) are:

(a)the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000;

(b)regulation 5 of, and Schedule 2 to, the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1997(2) and regulation 11 of, and Schedule 1 to, the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996(3);

(c)section 89A or 90(1)(a) or (aa) of the Pension Schemes (Northern Ireland) Act 1993(4);

(d)section 90(1)(b) of the Pension Schemes (Northern Ireland) Act 1993 or paragraph 2(1) (or, where applicable, 2(2)) of Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 1987(5).

(2)

S.R. 1997 No.98, to which the most recent relevant amendments were effected by S.R. 1997 No. 160 and S.R.1999 No. 486

(4)

1993 c. 49; section 89A was inserted by Article 149 of the Pensions (Northern Ireland) Order 1995 and is amended by paragraph 23 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999. Section 90 was amended by Article 150 of the Pensions (Northern Ireland) Order 1995 and paragraph 24 of Schedule 9 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

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