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Welfare Reform and Pensions Act 1999

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This is the original version (as it was originally enacted).

85Transitional provisions

Explanatory NotesShow EN

(1)The Secretary of State may, for the purposes of or in connection with the coming into force of any provisions of Parts I and II, by regulations make such transitional adaptations or modifications—

(a)of those provisions, or

(b)in connection with those provisions, of any provisions of—

(i)this Act,

(ii)the [1993 c. 48.] Pension Schemes Act 1993, or

(iii)the [1995 c. 26.] Pensions Act 1995,

then in force,

as he considers necessary or expedient.

(2)For the purposes of subsection (1), section 88 so far as relating to Part I of Schedule 13, together with that Part of that Schedule, shall be taken to be comprised in Part II of this Act.

(3)No pension sharing order may be made—

(a)under section 24B of the [1973 c. 18.] Matrimonial Causes Act 1973 if the proceedings in which the decree is granted were begun before the day on which section 19 comes into force, or

(b)under section 31(7B) of that Act if the marriage was dissolved by a decree granted in proceedings so begun.

(4)Paragraph 3 of Schedule 3 does not have effect if the proceedings in which the decree is granted were begun before the day on which section 19 comes into force.

(5)Where an action of divorce or an action for declarator of nullity has been brought before the day on which section 20 comes into force—

(a)no pension-sharing order may be made under section 8(1) of the [1985 c. 37.] Family Law (Scotland) Act 1985, and

(b)neither paragraph (f) of section 28(1) nor paragraph (f) of section 48(1) shall apply,

in relation to that divorce or declarator.

(6)The Secretary of State may by regulations make such transitional or consequential provision, or such savings, as he considers necessary or expedient for the purposes of or in connection with—

(a)the coming into force of any provision of Part V, or

(b)the operation of any enactment repealed or amended by a provision of Part V during any period when the repeal or amendment is not wholly in force.

(7)For the purposes of subsection (6), section 88 so far as relating to Parts IV to VII of Schedule 13, together with those Parts of that Schedule, shall be taken to be comprised in Part V of this Act.

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