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The Family Proceedings (Amendment No. 2) Rules (Northern Ireland) 2011

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Amendments to the Family Proceedings Rules (Northern Ireland) 1996

This section has no associated Explanatory Memorandum

7.  After rule 2.73A insert—

Pension Protection Fund Compensation

2.73B.(1) This rule applies where an application for ancillary relief has been made, or notice of intention to proceed with an application has been given, in Form M13 or M15, as the case may be, and the applicant or respondent is the party with compensation rights.

(2) In this rule—

(a)“party with compensation rights”—

(i)in proceedings under the Order of 1978 and the Order of 1989, has the meaning given to it by Article 27G(4) of the Order of 1978;

(ii)in proceedings under the Act of 2004, has the meaning given to “civil partner with compensation rights” by paragraph 32(1) of Schedule 15 to the Act of 2004;

(b)in a matrimonial cause, all words and phrases defined in Article 23C and 27G(4) of the Order of 1978 have the meanings assigned by those Articles;

(c)in a civil partnership cause, all the words and phrases defined in paragraphs 14F and 32 of Schedule 15 to the Act of 2004 have the meanings assigned by those paragraphs;

(d)pension compensation sharing order means—

(i)in a matrimonial cause, an order making provision under Article 23B of the Order of 1978; and

(ii)in a civil partnership cause, an order making provision under paragraph 14B of Schedule 15 to the Act of 2004;

(e)pension compensation attachment order means—

(i)in a matrimonial cause, an order making provision under Article 27F of the Order of 1978; and

(ii)in a civil partnership cause, an order making provision under paragraph 29A of Schedule 15 to the Act of 2004.

(3) Within seven days of the notice in Form M13 or M15, as the case may be, having been filed the party with compensation rights, shall request the Board of the Pension Protection Fund (“the Board”) to provide the information about the valuation of entitlement to Pension Protection Fund (“PPF”) compensation referred to under regulation 4 of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011(1).

(4) Within seven days of receiving information under paragraph (3) the party with compensation rights shall send a copy of it to the other party together with the name and address of the person responsible for each pension scheme.

(5) Where the rights to PPF compensation are derived from rights under more than one pension scheme, the party with compensation rights must comply with this rule in relation to each entitlement.

(6) As soon as practicable after making or giving notice of intention to proceed with an application for ancillary relief which includes a request for a pension compensation sharing order or upon adding such a request to an existing application for ancillary relief, the applicant shall send to the Board a copy of the notice in Form M13 or M15, as the case may be.

(7) As soon as is practicable after making or giving notice of intention to proceed with an application for ancillary relief which includes a request for a pension compensation attachment order, or upon adding such a request to an existing application for ancillary relief, the applicant must serve a copy of the notice in Form M13 or M15, as the case may be on the Board and must at the same time send—

(a)an address to which any notice which the Board is required to serve on the applicant is to be sent;

(b)an address to which any payment which the Board is required to make to the applicant is to be sent; and

(c)where the address is sub-paragraph (b) is that of a bank, a building society or the Department of National Savings, sufficient details to enable the payment to be made into the account of the applicant.

(8) A Board on which a copy of a notice under paragraph (6) or (7) is served may, within 21 days after service, require the party with compensation rights to provide it with an affidavit supporting the application and that party must then provide that Board with a copy within 21 days.

(9) A Board which receives an affidavit as required pursuant to paragraph (8) may within 21 days after receipt send to the court and the party with compensation rights an affidavit in answer.

(10) A Board which files an affidavit in answer pursuant to paragraph (9) may file a notice to the court requiring an appointment to be fixed, and where such a notice is filed—

(a)the proper officer or chief clerk shall fix an appointment for the hearing or further hearing of the application and shall give not less than 14 days’ notice of that appointment to the party with pension compensation rights, the respondent and the Board; and

(b)the Board shall be entitled to be represented at such hearing.

(11) Where the parties have agreed on terms of an order and the agreement includes a pension compensation sharing order, then, unless service has been effected under paragraph (6) above, they shall serve on the Board the notice of application for a consent order under rule 2.72(1) and a draft of the proposed order complying with paragraph (14) below.

(12) Where the parties have agreed on the terms of an order and the agreement includes a pension compensation attachment order, then, unless service has been effected under paragraph (7), they shall serve on the Board—

(a)a copy of the application for a consent order under rule 2.72(1);

(b)a draft of the proposed order, complying with paragraph (14) below; and

(c)the particulars set out in sub-paragraphs (a), (b) and (c) of paragraph (7).

(13) No consent order under paragraph (11) or (12) shall be made unless either—

(a)the Board has not made any objection within 21 days after the service on it of such notice; or

(b)the court has considered any such objection

and for the purpose of considering any objection the court may make such directions as it sees fit for the Board to attend before it or to furnish written details of its objection.

(14) An order for ancillary relief, whether by consent or not, which includes a pension compensation sharing order or a pension compensation attachment order, shall—

(a)in the body of the order, state that there is to be provision by way of pension compensation sharing or pension compensation attachment in accordance with the annexe or annexes to the order; and

(b)be accompanied by an annexe containing the information set out in paragraph (15) or paragraph (16) as the case may require, and if provision is made in relation to entitlement to PPF compensation that derives from rights under more than one pension scheme there must be one annexe for each such entitlement.

(15) Where an order for ancillary relief includes provision by way of pension compensation sharing, the annexe shall state—

(a)the name of the court making the order, together with the case number and the title of the proceedings;

(b)that it is a pension compensation sharing order made under Article 26D of the Order of 1978 or paragraph 14A of Schedule 15 to the Act of 2004;

(c)the names of the transferor and the transferee;

(d)the national insurance numbers of the transferor and the transferee;

(e)the dates of birth of the transferor and transferee;

(f)the addresses of the transferor and transferee;

(g)the name of the pension scheme for which the Board assumed responsibility and to which the pension compensation relates or sufficient details to identify the pension compensation concerned;

(h)the specified percentage of the member’s cash equivalent valuation (CEV) to be transferred;

(i)how the pension compensation sharing charges are to be apportioned between the parties or alternatively that they are to be paid in full by the transferor;

(j)that the Board has furnished the information required by regulation 5 of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011(2) and that it appears from that information that there is power to make an order including provision by way of pension compensation sharing;

(k)the day on which the order takes effect; and

(l)that the Board must discharge its liability within a period of 4 months beginning with the day on which the order takes effect or, if later, the first day on which the Board is in receipt of—

(i)the pension compensation sharing order, including the annexe,

(ii)in a matrimonial cause, the decree of divorce or nullity of marriage or, in a civil partnership cause, the conditional order of dissolution or nullity of the civil partnership;

(iii)the information prescribed by regulation 5 of the Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc.) Regulations (Northern Ireland) 2011(3);

(iv)payment of all outstanding charges requested by the pension scheme;

provided that if the court knows that the implementation period is different from that stated in sub-paragraph (l) by reason of regulations made under Article 27G of the Order of 1978, the annexe shall contain details of the implementation period as determined by those regulations instead of the statement in sub-paragraph (l);

(m)where the order is made by consent, that no objection has been made by the Board, or that an objection has been received and considered by the court, as the case may be.

(16) Where an order for ancillary relief includes provision by way of pension compensation attachment, the annexe shall state—

(a)the name of the court making the order, together with the case number and the title of proceedings;

(b)that it is a pension compensation attachment order under Article 27F of the Order of 1978 or paragraph 29A of Schedule 15 to the Act of 2004;

(c)the names of the party with pension compensation rights and the other party;

(d)the national insurance number of the party with pension compensation rights;

(e)the name of the pension scheme for which the Board assumed responsibility and to which the pension compensation relates or sufficient details to identify the PPF compensation;

(f)in the case of an order including provision under Article 27F of the Order of 1978 or paragraph 29 of Schedule 15 to the Act of 2004, what percentage of any payment due to the party with pension compensation rights is to be paid for the benefit of the other party;

(g)in the case of an order including provision under Article 27F(5) of the Order of 1978 or paragraph 29A(5) of Schedule 15 to the Act of 2004, what percentage of the maximum lump sum available is to be commuted and the specified percentage of the commuted sum which is to be paid to the spouse or former spouse of the party with PPF compensation rights or the civil partner or former civil partner with PPF compensation rights;

(h)an address to which any payment which the Board is required to make under the PPF compensation to the other party is to be sent;

(i)where the address in sub-paragraph (h) is that of a bank, a building society or the Department of National Savings, sufficient details to enable payment to be made into the account of the other party;

(j)where the order is made by consent, that no objection has been made by the Board, or that an objection has been received and considered by the court, as the case may be.

(17) A court which makes, varies or discharges a pension compensation sharing order or a pension compensation attachment order, must send, or direct one of the parties to send, to the Board—

(a)a copy of—

(i)the making of the relevant pension compensation sharing or pension compensation attachment order; or

(ii)in a civil partnership cause, the conditional order of dissolution, nullity of civil partnership or the order of separation;

(b)in the case of—

(i)divorce or nullity of a marriage, a copy of the certificate under rule 2.54 that the decree has been made absolute; or

(ii)dissolution or nullity of civil partnership, a copy of the certificate under rule 2.54A that the conditional order has been made final; and

(c)a copy of the pension compensation sharing order or the pension compensation attachment order, or as the case may be of the order varying or discharging that order, including any annexe to that order relating to that PPF compensation but no other annexe to that order.

(18) The documents referred to in paragraph (17) shall be sent—

(a)in a matrimonial cause within 7 days after—

(i)the relevant pension compensation sharing or pension compensation attachment order is made; or

(ii)the decree absolute of divorce or nullity or decree of judicial separation, whichever is the later; and

(b)in a civil partnership cause, within 7 days after—

(i)the relevant pension compensation sharing or pension compensation attachment order is made; or

(ii)the final order of dissolution or nullity or separation order is made,

whichever is the later..

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