SCHEDULES
SCHEDULE 6Pension compensation on divorce etc: England and Wales
Part 3Amendments of the Civil Partnership Act 2004
19
In Part 14 of Schedule 5 (miscellaneous and supplementary) after paragraph 79 insert—
Appeals relating to pension compensation sharing orders which have taken effect
79A
1
This paragraph applies where an appeal against a pension compensation sharing order is begun on or after the day on which the order takes effect.
2
If the Board of the Pension Protection Fund has acted to its detriment in reliance on the taking effect of the order the appeal court—
a
may not set aside or vary the order;
b
may make such further orders (including a pension compensation sharing order) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.
3
In determining for the purposes of sub-paragraph (2) whether the Board has acted to its detriment the appeal court may disregard any detriment which in the court's opinion is insignificant.
4
Paragraph 19E only applies to a pension compensation sharing order under this paragraph if the decision of the appeal court can itself be the subject of an appeal.