Pensions Act 2008 (c. 30)

SCHEDULES

SCHEDULE 7 E+W+S Pension compensation on divorce etc: Scotland

2 E+W+S In section 8 (orders for financial provision)—

(a) in subsection (1)—

(i) after paragraph (baa) insert—

“(bab) a pension compensation sharing order;”,

(ii) after paragraph (ba) insert—

“(bb) an order under section 12B(2);”,

(b) subsection (4A) is repealed,

(c) after subsection (7) add—

“(8) The court shall not, in the same proceedings, make both a pension compensation sharing order and an order under section 12B(2) in relation to the same PPF compensation.

(9) The court shall not make a pension compensation sharing order in relation to rights to PPF compensation that—

(a) derive from rights under a pension scheme which is subject to an order made under section 12A(2) or (3) in relation to the marriage or (as the case may be) civil partnership or a previous one between the same persons,

(b) derive from rights under a pension scheme which were at any time the subject of a pension sharing order in relation to the marriage or (as the case may be) civil partnership or a previous one between the same persons,

(c) are or have been the subject of a pension compensation sharing order in relation to the marriage or (as the case may be) civil partnership or a previous one between the same persons, or

(d) are the subject of an order made under section 12B(2) in relation to the marriage or (as the case may be) civil partnership or a previous one between the same persons.

(10) Where, as regards PPF compensation, the parties to a marriage or the partners in a civil partnership have in effect a qualifying agreement which contains a term relating to pension compensation sharing, the court shall not—

(a) make an order under section 12B(2); or

(b) make a pension compensation sharing order,

relating to the compensation unless it also sets aside the agreement or term under section 16(1)(b) of this Act.

(11) For the purposes of subsection (10)—

(a) the expression “term relating to pension compensation sharing” is to be construed by reference to section 16(2AA) of this Act; and

(b) a qualifying agreement is one to which section 110(1) of the Pensions Act 2008 relates.”