PART 9APPLICATIONS FOR A FINANCIAL REMEDY

CHAPTER 1APPLICATION AND INTERPRETATION

Application9.1

The rules in this Part apply to an application for a financial remedy.

(“Financial remedy” and “financial order” are defined in rule 2.3)

Application of Magistrates’ Courts Rules 19819.2

Unless the context otherwise requires, and subject to the rules in this Part, the following rules of the Magistrates’ Courts Rules 198162 apply to proceedings in a magistrates’ court which are family proceedings under section 65 of the Magistrates’ Courts Act 1980—

a

rule 39(6) (method of making periodical payments);

b

rule 41 (revocation etc. of orders for periodical payments);

c

rule 43 (service of copy of order);

d

rule 44 (remission of sums due under order);

e

rule 45 (duty of designated officer to notify subsequent marriage or formation of civil partnership of person entitled to payments under a maintenance order);

f

rule 48 (to whom payments are to be made);

g

rule 49 (duty of designated officer to give receipt);

h

rule 51 (application for further time);

i

rule 62 (particulars relating to payment of lump sum under a magistrates’ courts maintenance order etc. to be entered in register);

j

rule 66 (register of convictions, etc.);

k

rule 67 (proof of service, handwriting, etc.);

l

rule 68 (proof of proceedings); and

m

rule 69 (proof that magistrates’ court maintenance orders, etc, have not been revoked, etc.).

Interpretation9.3

1

In this Part—

  • “avoidance of disposition order” means—

    1. a

      in proceedings under the 1973 Act, an order under section 37(2)(b) or (c) of that Act;

    2. b

      in proceedings under the 1984 Act, an order under section 23(2)(b) or 23(3) of that Act63;

    3. c

      in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 74(3) or (4); or

    4. d

      in proceedings under Schedule 7 to the 2004 Act, an order under paragraph 15(3) or (4);

  • “the Board” means the Board of the Pension Protection Fund;

  • “FDR appointment” means a Financial Dispute Resolution appointment in accordance with rule 9.17;

  • “order preventing a disposition” means—

    1. a

      in proceedings under the 1973 Act, an order under section 37(2)(a) of that Act;

    2. b

      in proceedings under the 1984 Act, an order under section 23(2)(a) of that Act;

    3. c

      in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 74(2); or

    4. d

      in proceedings under Schedule 7 to the 2004 Act, an order under paragraph 15(2);

  • “pension arrangement” means—

    1. a

      an occupational pension scheme;

    2. b

      a personal pension scheme;

    3. c

      shareable state scheme rights;

    4. d

      a retirement annuity contract;

    5. e

      an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme; and

    6. f

      an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;

  • “pension attachment order” means—

    1. a

      in proceedings under the 1973 Act, an order making provision under section 25B or 25C of that Act64;

    2. b

      in proceedings under the 1984 Act, an order under section 17(1)(a)(i) of that Act making provision equivalent to an order referred to in paragraph (a);

    3. c

      in proceedings under Schedule 5 to the 2004 Act, an order making provision under paragraph 25 or paragraph 26; or

    4. d

      in proceedings under Schedule 7 to the 2004 Act, an order under paragraph 9(2)65 or (3) making provision equivalent to an order referred to in paragraph (c);

  • “pension compensation attachment order” means—

    1. a

      in proceedings under the 1973 Act, an order making provision under section 25F of that Act;66

    2. b

      in proceedings under the 1984 Act, an order under section 17(1)(a)(i) of that Act67 making provision equivalent to an order referred in to paragraph (a);

    3. c

      in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 34A; and

    4. d

      in proceedings under Schedule 7 to the 2004 Act, an order under paragraph 9(2) or (3) making provision equivalent to an order referred to in paragraph (c);

  • “pension compensation sharing order” means—

    1. a

      in proceedings under the 1973 Act, an order under section 24E of that Act68;

    2. b

      in proceedings under the 1984 Act, an order under section 17(1)(c) of that Act;

    3. c

      in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 19A ; and

    4. d

      in proceedings under Schedule 7 to the 2004 Act, an order under paragraph 9(2) or (3)69 making provision equivalent to an order referred to in paragraph (c);

  • “pension sharing order” means—

    1. a

      in proceedings under the 1973 Act, an order making provision under section 24B of that Act70;

    2. b

      in proceedings under the 1984 Act, an order under section 17(1)(b) of that Act;

    3. c

      in proceedings under Schedule 5 to the 2004 Act, an order under paragraph 15; or

    4. d

      in proceedings under Schedule 7 to the 2004 Act, an order under paragraph 9(2) or (3) making provision equivalent to an order referred to in paragraph (c);

  • “pension scheme” means, unless the context otherwise requires, a scheme for which the Board has assumed responsibility in accordance with Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection) or any provision in force in Northern Ireland corresponding to that Chapter;

  • “PPF compensation” has the meaning given to it—

    1. a

      in proceedings under the 1973 Act, by section 21C of the 1973 Act71;

    2. b

      in proceedings under the 1984 Act, by section 18(7) of the 1984 Act; and

    3. c

      in proceedings under the 2004 Act, by paragraph 19F of Schedule 5 to the 2004 Act;

  • “relevant valuation” means a valuation of pension rights or benefits as at a date not more than 12 months earlier than the date fixed for the first appointment which has been furnished or requested for the purposes of any of the following provisions—

    1. a

      the Pensions on Divorce etc (Provision of Information) Regulations 200072;

    2. b

      regulation 5 of and Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations 199673 and regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Value) Regulations 199674;

    3. c

      section 93A or 94(1)(a) or (aa) of the Pension Schemes Act 199375;

    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 198776;

    5. e

      the Dissolution etc. (Pensions) Regulations 200577;

  • “variation order” means—

    1. a

      in proceedings under the 1973 Act, an order under section 31 of that Act; or

    2. b

      in proceedings under the 2004 Act, an order under Part 11 of Schedule 5 to that Act.

2

References in this Part to a county court are to be construed, in relation to proceedings for a financial order, as references to a divorce county court or a civil partnership proceedings county court, as the case may be.