The Pensions on Divorce etc. (Provision of Information) Regulations 2000

Provision of information after receipt of an earmarking order E+W+S

10.—(1) The person responsible for the pension arrangement shall, within 21 days beginning with the day that he receives—

(a) an order under section 23 of the Matrimonial Causes Act 1973, so far as it includes provision made by virtue of section 25B or 25C of that Act (powers to include provision about pensions);

(b) an order under section 12A(2) or (3) of the Family Law (Scotland) Act 1985; or

(c) an order under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978, so far as it includes provision made by virtue of Article 27B or 27C of that Order (Northern Ireland powers corresponding to those mentioned in sub-paragraph (a)),

issue to the party with pension rights and the other party a notice which includes the information specified in paragraphs (2) and (5), or (3), (4) and (5), as the case may be.

(2) Where an order referred to in paragraph (1)(a), (b) or (c) is made in respect of the pension rights or benefits of a party with pension rights whose pension is not in payment, the notice issued by the person responsible for a pension arrangement to the party with pension rights and the other party shall include a list of the circumstances in respect of any changes of which the party with pension rights or the other party must notify the person responsible for the pension arrangement.

(3) Where an order referred to in paragraph (1)(a) or (c) is made in respect of the pension rights or benefits of a party with pension rights whose pension is in payment, the notice issued by the person responsible for a pension arrangement to the party with pension rights and the other party shall include—

(a) the value of the pension rights or benefits of the party with pension rights;

(b) the amount of the pension of the party with pension rights after the order has been implemented;

(c) the first date when a payment pursuant to the order is to be made; and

(d) a list of the circumstances, in respect of any changes of which the party with pension rights or the other party must notify the person responsible for the pension arrangement.

(4) Where an order referred to in paragraph (1)(a) or (c) is made in respect of the pension rights of a party with pension rights whose pension is in payment, the notice issued by the person responsible for a pension arrangement to the party with pension rights shall, in addition to the items specified in paragraph (3), include—

(a) the amount of the pension of the party with pension rights which is currently in payment; and

(b) the amount of pension which will be payable to the party with pension rights after the order has been implemented.

(5) Where an order referred to in paragraph (1)(a), (b) or (c) is made the notice issued by the person responsible for a pension arrangement to the party with pension rights and the other party shall include—

(a) the amount of any charges which remain unpaid by—

(i) the party with pension rights; or

(ii) the other party,

in respect of the provision by the person responsible for the pension arrangement of information about pensions and divorce [F1 or dissolution of a civil partnership] pursuant to regulation 3 of the Charging Regulations, and in respect of complying with an order referred to in paragraph (1)(a), (b) or (c); and

(b) information as to the manner in which the person responsible for the pension arrangement will recover the charges referred to in sub-paragraph (a), including—

(i) the date when payment of those charges in whole or in part is required;

(ii) the sum which will be payable by the party with pension rights or the other party, as the case may be; and

(iii) whether the sum will be deducted from payments of pension to the party with pension rights, or, as the case may be, from payments to be made to the other party pursuant to an order referred to in paragraph (1)(a), (b) or (c).

Textual Amendments

F1 Words in reg. 10(5)(a) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 1 para. 1(5) (with art. 3)