The Family Proceedings (Amendment) Rules 2000

Amendments to the Family Proceedings Rules 1991

9.  For rule 2.70 there shall be substituted the following:—

“Pensions

2.70— (1) This rule applies where an application for ancillary relief has been made, or notice of intention to proceed with the application has been given, in Form A, or an application has been made in Form B, and the applicant or respondent has or is likely to have any benefits under a pension arrangement.

(2) When the court fixes a first appointment as required by rule 2.61A(4)(a), the party with pension rights shall, within seven days after receiving notification of the date of that appointment, request the person responsible for each pension arrangement under which he has or is likely to have benefits to furnish the information referred to in regulation 2(2) and (3)(b) to (f) of the Pensions on Divorce etc. (Provision of Information) Regulations 2000(1).

(3) Within seven days of receiving information under paragraph (2) the party with pension rights shall send a copy of it to the other party, together with the name and address of the person responsible for each pension arrangement.

(4) A request under paragraph (2) above need not be made where the party with pension rights is in possession of, or has requested, a relevant valuation of the pension rights or benefits accrued under the pension arrangement in question.

(5) In this rule, a relevant valuation means a valuation of pension rights or benefits as at a date not more than twelve months earlier than the date fixed for the first appointment which has been furnished or requested pursuant to any of the following provisions:—

(a) the Pensions on Divorce etc. (Provision of Information) Regulations 2000;

(b) regulation 5 of and Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996(2) and regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Value) Regulations 1996(3);

(c) section 93A or 94(1)(a) or (aa) of the Pension Schemes Act 1993(4);

(d) section 94(1)(b) of the Pension Schemes Act 1993 or paragraph 2(a) (or, where applicable, 2(b)) of Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987(5).

(6) Upon making or giving notice of intention to proceed with an application for ancillary relief including provision to be made under section 24B (pension sharing) of the Act of 1973, or upon adding a request for such provision to an existing application for ancillary relief, the applicant shall send to the person responsible for the pension arrangement concerned a copy of Form A.

(7) Upon making or giving notice of intention to proceed with an application for ancillary relief including provision to be made under section 25B or 25C (pension attachment) of the Act of 1973, or upon adding a request for such provision to an existing application for ancillary relief, the applicant shall send to the person responsible for the pension arrangement concerned—

(a) a copy of Form A;

(b) an address to which any notice which the person responsible is required to serve on the applicant under the Divorce etc. (Pensions) Regulations 2000(6) is to be sent;

(c) an address to which any payment which the person responsible is required to make to the applicant is to be sent; and

(d) where the address in sub-paragraph (c) 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 applicant.

(8) A person responsible for a pension arrangement on whom a copy of a notice under paragraph (7) is served may, within 21 days after service, require the applicant to provide him with a copy of section 2.16 of the statement in Form E supporting his application; and the applicant must then provide that person with the copy of that section of the statement within the time limited for filing it by rule 2.61B(2), or 21 days after being required to do so, whichever is the later.

(9) A person responsible for a pension arrangement who receives a copy of section 2.16 of Form E as required pursuant to paragraph (8) may within 21 days after receipt send to the court, the applicant and the respondent a statement in answer.

(10) A person responsible for a pension arrangement who files a statement in answer pursuant to paragraph (9) shall be entitled to be represented at the first appointment, and the court must within 4 days of the date of filing of the statement in answer give the person notice of the date of the first appointment.

(11) Where the parties have agreed on the terms of an order including provision under section 25B or 25C (pension attachment) of the Act of 1973, then unless service has already been effected under paragraph (7), they shall serve on the person responsible for the pension arrangement concerned—

(a) the notice of application for a consent order under rule 2.61(1);

(b) a draft of the proposed order under rule 2.61(1), complying with paragraph (13) below; and

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

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

(a) the person responsible has not made any objection within 21 days after the service on him 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 direction as it sees fit for the person responsible to attend before it or to furnish written details of his objection.

(13) An order for ancillary relief, whether by consent or not, including provision under section 24B (pension sharing), 25B or 25C (pension attachment) of the Act of 1973, shall—

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

(b) be accompanied by an annex containing the information set out in paragraph (14) or paragraph (15) as the case may require; and if provision is made in relation to more than one pension arrangement there shall be one annex for each pension arrangement.

(14) Where provision is made under section 24B (pension sharing) of the Act of 1973, the annex 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 sharing order made under Part IV of the Welfare Reform and Pensions Act 1999;

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

(d) the national insurance number of the transferor;

(e) sufficient details to identify the pension arrangement concerned and the transferor’s rights or benefits from it (for example a policy reference number);

(f) the specified percentage, or where appropriate the specified amount, required in order to calculate the appropriate amount for the purposes of section 29(1) of the Welfare Reform and Pensions Act 1999 (creation of pension debits and credits);

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

(h) that the person responsible for the pension arrangement has furnished the information required by regulation 4 of the Pensions on Divorce etc. (Provision of Information) Regulations 2000 and that it appears from that information that there is power to make an order including provision under section 24B (pension sharing) of the Act of 1973;

(i) the day on which the order or provision takes effect; and

(j) that the person responsible for the pension arrangement concerned must discharge his liability in respect of the pension credit within a period of 4 months beginning with the day on which the order or provision takes effect or, if later, with the first day on which the person responsible for the pension arrangement concerned is in receipt of—

(i) the order for ancillary relief, including the annex;

(ii) the decree of divorce or nullity of marriage; and

(iii) the information prescribed by regulation 5 of the Pensions on Divorce etc. (Provision of Information) Regulations 2000;

provided that if the court knows that the implementation period is different from that stated in sub-paragraph (j) by reason of regulations under section 34(4) or 41(2)(a) of the Welfare Reform and Pensions Act 1999, the annex shall contain details of the implementation period as determined by those regulations instead of the statement in sub-paragraph (j).

(15) Where provision is made under section 25B or 25C (pension attachment) of the Act of 1973, the annex 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 an order making provision under section 25B or 25C, as the case may be, of the Act of 1973;

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

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

(e) sufficient details to identify the pension arrangement concerned and the rights or benefits from it to which the party with pension rights is or may become entitled (for example a policy reference number);

(f) in the case of an order including provision under section 25B(4) of the Act of 1973, what percentage of any payment due to the party with pension rights is to be paid for the benefit of the other party;

(g) in the case of an order including any other provision under section 25B or 25C of the Act of 1973, what the person responsible for the pension arrangement is required to do;

(h) the address to which any notice which the person responsible for the pension arrangement is required to serve on the other party under the Divorce etc. (Pensions) Regulations 2000 is to be sent, if not notified under paragraph (7)(b);

(i) an address to which any payment which the person responsible for the pension arrangement is required to make to the other party is to be sent, if not notified under paragraph (7)(c);

(j) where the address in sub-paragraph (i) 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, if not notified under paragraph (7)(d); and

(k) where the order is made by consent, that no objection has been made by the person responsible for the pension arrangement, or that an objection has been received and considered by the court, as the case may be.

(16) A court which makes, varies or discharges an order including provision under section 24B (pension sharing), 25B or 25C (pension attachment) of the Act of 1973, shall send to the person responsible for the pension arrangement concerned—

(a) a copy of the decree of divorce, nullity of marriage or judicial separation;

(b) in the case of divorce or nullity of marriage, a copy of the certificate under rule 2.51 that the decree has been made absolute; and

(c) a copy of that order, or as the case may be of the order varying or discharging that order, including any annex to that order relating to that pension arrangement but no other annex to that order.

(17) The documents referred to in paragraph (16) shall be sent within 7 days after the making of the relevant order, or within 7 days after the decree absolute of divorce or nullity or decree of judicial separation, whichever is the later.

(18) In this rule—

(a) all words and phrases defined in sections 25D(3) and (4) of the Act of 1973 have the meanings assigned by those subsections;

(b) all words and phrases defined in section 46 of the Welfare Reform and Pensions Act 1999 have the meanings assigned by that section.”.

(1)

S.I. 2000/1048.

(2)

S.I. 1996/1655, as amended by S.I. 1997/786 and 3038.

(3)

S.I. 1996/1847.

(4)

1993 c. 48; section 93A was inserted by section 153 of the Pensions Act 1995 (c. 26).

(5)

S.I. 1987/1110.

(6)

S.I. 2000/1123.