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The Pension Protection Fund (Pensions on Divorce etc.: Charges) Regulations (Northern Ireland) 2011

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Information to be provided where the Board is under a duty to comply with a pension sharing or attachment order or provision

This section has no associated Explanatory Memorandum

2.—(1) This regulation applies where the Board has assumed responsibility for a scheme in accordance with Chapter 3 of Part III of the 2005 Order (pension protection), and is required to—

(a)implement a pension sharing order or provision by virtue of the modifications made by the Pension Protection Fund (Pension Sharing) Regulations (Northern Ireland) 2006(1);

(b)make payments in accordance with an order made under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978(2) (financial provision orders in connection with divorce proceedings, etc.), which—

(i)includes provision made by virtue of Article 27B(3) (pensions) or 27C (pensions: lump sums) of that Order, and

(ii)applies in relation to the Board by virtue of Article 27E(4) of that Order (the Pension Protection Fund);

(c)make payments in accordance with an order made under Part 1 of Schedule 15 to the Civil Partnership Act 2004(5) (financial provision in connection with dissolution, nullity or separation), which—

(i)includes provision made by virtue of Part 5(6) of that Schedule (making of Part 1 orders having regard to pension benefits), and

(ii)applies in relation to the Board by virtue of Part 6 of that Schedule (Pension Protection Fund compensation etc.);

(d)make payments in accordance with an order made under section 23 of the Matrimonial Causes Act 1973(7) (financial provision orders in connection with divorce proceedings, etc.), which—

(i)includes provision made by virtue of section 25B(8) (pensions) or 25C (pensions: lump sums) of that Act, and

(ii)applies in relation to the Board by virtue of section 25E(9) of that Act (the Pension Protection Fund);

(e)make payments in accordance with an order under Part 1 of Schedule 5 to the Civil Partnership Act 2004 (financial provision in connection with dissolution, nullity or separation), which—

(i)includes provision made by virtue of Part 6 of that Schedule (making of Part 1 orders having regard to pension benefits), and

(ii)applies in relation to the Board by virtue of Part 7 of that Schedule (Pension Protection Fund compensation etc.);

(f)make payments in accordance with an order made under section 8(1)(ba) of the Family Law (Scotland) Act 1985 (orders for financial provision), which applies in relation to the Board, or

(g)make payments under any provision corresponding to provision which may be made by a pension sharing order or an order under section 8(1)(ba) of the Family Law (Scotland) Act 1985 and—

(i)which is contained in a qualifying agreement (to which section 28(3) of the Welfare Reform and Pensions Act 1999(10) relates), and

(ii)applies in relation to the Board.

(2) The Board must inform the parties of—

(a)the date on which the Board assumed responsibility for the scheme, and

(b)the fact that the Board will implement the order or provision or, as the case may be, will comply with the pension attachment order or provision.

(3) The Board must provide the information specified in paragraph (2) within the period of 14 days beginning with the date on which the Board assumed responsibility for the scheme.

(4) Where the Board has previously provided the information specified in paragraph (2)(a), nothing in this regulation requires that information to be provided again to the same party.

(2)

S.I. 1978/1045 (N.I. 15); Article 25 was amended by Article 5 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I. 4))

(3)

Articles 27B and 27C were inserted by Article 162(1) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)); Article 27B was amended by paragraph 1 of Schedule 4 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and is modified, in cases where the Board becomes involved with or assumes responsibility for a scheme, by S.R. 2006 No. 310; Article 27C was amended by paragraph 2 of Schedule 4 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(4)

Article 27E was inserted by paragraph 1 of Schedule 10 to the Pensions (Northern Ireland) Order 2005 and amended by paragraph 114(4) of Schedule 18 to S.I. 2010/976 and is amended by paragraph 6 of Schedule 5 to the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13 (N.I.))

(6)

Parts 5 and 6 were amended by paragraph 75(3) and (4) of Schedule 18 to S.I. 2010/976

(7)

1973 c. 18; section 23 was amended by section 16 of the Administration of Justice Act 1982 (c. 53)

(8)

Sections 25B and 25C were inserted by section 166(1) of the Pensions Act 1995; section 25B was amended by paragraph 1 of Schedule 4 to the Welfare Reform and Pensions Act 1999 (c. 30) and is modified, in cases where the Board becomes involved with or assumes responsibility for a scheme, by S.I. 2006/1932; section 25C was amended by paragraph 2 of Schedule 4 to the Welfare Reform and Pensions Act 1999

(9)

Section 25E was inserted by paragraph 3 of Schedule 12 to the Pensions Act 2004 and is amended by paragraph 6 of Schedule 6 to the Pensions Act 2008 (c. 30)

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