Civil Partnership Act 2004

Application to orders under paragraphs 5 and 9 of provisions of Schedule 5 E+W

14 (1) The following provisions of Schedule 5 apply in relation to an order made under paragraph 5 or 9 of this Schedule as they apply in relation to a like order made under that Schedule— E+W

(a) paragraph 3(1) to (3) and (7) (lump sums);

(b) paragraph 11(2) to (4), 12(2), 13 and 14 (orders for sale);

(c) paragraphs 17, 18 and 19(2) and (3) (pension sharing);

[F1 (ca) paragraphs 19C, 19D and 19E(2) and (3) (pension compensation sharing);]

(d) paragraphs 25 and 26 (orders under Part 1 relating to pensions);

(e) paragraphs 31 to [F2 34 and 35 to 37] (orders under Part 1 relating to pensions where Board has assumed responsibility for scheme);

[F3 (ea) paragraph 34A (orders under Part 1 relating to pension compensation attachment);]

(f) paragraphs 47(1) to (4) and (6) and 49 (duration of orders);

(g) paragraphs 50 to 54 and 57 to 62, except paragraph 50(1)(g) (variation etc. of orders);

(h) paragraphs 63 to 65 (arrears and repayments);

(i) paragraphs 76 to [F4 79A] (drafting of instruments, bankruptcy, mental disorder [F5 , pension-sharing appeals and pension compensation-sharing appeals]).

(2) Sub-paragraph (1)(d) [F6 and (ea)] does not apply where the court has jurisdiction to entertain an application for an order under paragraph 9 only because a dwelling-house which was a civil partnership home of the civil partners is situated in England or Wales.

(3) Paragraph 27 of Schedule 5 (change of pension arrangement under which rights are shared) applies in relation to an order made under paragraph 9 of this Schedule by virtue of sub-paragraph (1)(d) above as it applies to an order made under Part 1 of Schedule 5 by virtue of paragraph 25 or 26 of that Schedule.

(4) The Lord Chancellor may by regulations make for the purposes of this Schedule provision corresponding to any provision which may be made by him under paragraph 28(1) to (3) of Schedule 5 (supplementary provision about orders relating to pensions under Part 1 of that Schedule) [F7 or under paragraphs 34B to 36 of that Schedule (supplementary provision about orders relating to pension compensation)].

(5) The power to make regulations under this paragraph is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Sch. 7 para. 14(1)(ca) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 20(4)(a); S.I. 2011/664, art. 2(3), Sch. Pt. 2

F2 Words in Sch. 7 para. 14(1)(e) substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 20(4)(b); S.I. 2011/664, art. 2(3), Sch. Pt. 2

F3 Sch. 7 para. 14(1)(ea) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 20(4)(c); S.I. 2011/664, art. 2(3), Sch. Pt. 2

F4 Word in Sch. 7 para. 14(1)(i) substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 20(4)(d); S.I. 2011/664, art. 2(3), Sch. Pt. 2

F5 Words in Sch. 7 para. 14(1)(i) substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 20(4)(e); S.I. 2011/664, art. 2(3), Sch. Pt. 2

F6 Words in Sch. 7 para. 14(2) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 20(4)(f); S.I. 2011/664, art. 2(3), Sch. Pt. 2

F7 Words in Sch. 7 para. 14(4) added (6.3.2011 for specified purposes otherwise 6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 20(4)(g); S.I. 2011/664, art. 2(2)(3), Sch.

Modifications etc. (not altering text)

C1 Sch. 7 para. 14 wholly in force at 5.12.2005; Sch. 7 para. 14 not in force at Royal Assent see s. 263; Sch. 7 para. 14(4)(5) in force at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 7 para. 14 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1