The Divorce and Dissolution etc. (Pension Protection Fund) Regulations (Northern Ireland) 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision relating to orders under the Matrimonial Causes (Northern Ireland) Order 1978 Act (N.I.18) (“the 1978 Order”) and the Civil Partnership Act 2004 (c.33) (“the 2004 Act”), including those made after proceedings overseas, made in connection with proceedings for divorce or dissolution of a civil partnership, nullity of marriage or nullity of a civil partnership or separation which relate to the pension compensation rights of a party to the marriage (described in section 27G(4) of the 1978 Order as the “party with compensation rights”) or a party to a civil partnership (described in paragraph 32(1) of Schedule 15 to the 2004 Act as the “civil partner with compensation rights”). In particular, in so far as attachment of PPF compensation is concerned, they provide for:

• notices of change of circumstances to be provided to the Board by the “other party” (defined in regulation 2(1)(d) as the party to the marriage or the civil partnership (as the case may be) who is not the party with compensation rights or civil partner with compensation rights);

• the Board to make a payment to the party with compensation rights or the civil partner with compensation rights where information or particulars provided by the other party under the Family Proceedings Rules (Northern Ireland) 1996 (S.I.1996/322) are inaccurate or the other party has not notified the Board about a change to that information or particulars such as a change of details of a bank account into which the payment is made;

• the Board to be discharged of liability from a requirement in a relevant order (defined in regulation 3(1)) to make a payment to the other party in the circumstances outlined in paragraph (b);

• the other party to make a payment to the party with compensation rights or the civil partner with compensation rights to the extent of the payment the other party has received from the Board after the relevant order has ceased to have effect (because, for example, of the other party’s remarriage or entering into a subsequent civil partnership), where the other party’s remarriage or entering into a subsequent civil partnership), where the other party has failed to give the required notice to the Board of the order ceasing to have effect; and

• the Board to be discharged of liability to the party with compensation rights or the civil partner with compensation rights as a result of making a payment to the other party in the circumstances outlined in paragraph (d).

Regulation 5 provides for the stay period pending appeal during which a pension compensation sharing order or a variation of such an order cannot take effect.