2011 No. 780
Family Law, England And Wales
Pensions, England And Wales

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

Made
Laid before Parliament
Coming into force
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 24F(1),25G(1)(a) to (d) and 31(4C) of the Matrimonial Causes Act 19731, section 21(4) of the Matrimonial and Family Proceedings Act 19842 and paragraphs 19E(2), 34B(1)(a) to (d) and 57(3) of Schedule 5 and paragraph 14(4) of Schedule 7 to the Civil Partnership Act 20043:

Citation and commencement1.

These Regulations may be cited as the Divorce and Dissolution etc. (Pension Protection Fund) Regulations 2011 and come into force on 6th April 2011.

Interpretation2.

(1)

In these Regulations—

(a)

“the 1973 Act” means the Matrimonial Causes Act 1973;

(b)

“the 1984 Act” means the Matrimonial and Family Proceedings Act 1984;

(c)

“the 2004 Act” means the Civil Partnership Act 2004;

(d)

“the other party” means 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.

(2)

Unless these Regulations provide otherwise, expressions defined in—

(a)

sections 21B,21C,25E and 25G(5) of the 1973 Act4 have the meanings assigned by those sections; and

(b)

paragraphs 19B,19F and 37(1) of Schedule 5 to the 2004 Act5 have the meanings assigned by those paragraphs.

Attachment of PPF compensation: change in circumstances3.

(1)

In this regulation, a relevant order means—

(a)

an order under section 23 of the 1973 Act or under section 17 of the 1984 Act6 making provision under section 25F of the 1973 Act7; or

(b)

an order under Part 1 of Schedule 5 or under paragraph 9 of Schedule 7 to the 2004 Act8 making provision under Part 7, paragraph 34A of Schedule 5 to that Act9,

imposing any requirement on the Board.

(2)

In this regulation, a relevant event occurs when—

(a)

the information or particulars referred to in paragraph (3) cease to be accurate; or

(b)

a relevant order ceases to have effect—

(i)

in the case of a relevant order within paragraph (1)(a), by reason of the other party remarrying or entering into a civil partnership or otherwise; and

(ii)

in the case of a relevant order within paragraph (1)(b), by reason of the other party marrying or entering into a subsequent civil partnership or otherwise.

(3)

The information or particulars referred to in paragraph (2)(a) are those supplied by the other party under rule 9.42 of the Family Procedure Rules 201010 for the purpose of enabling the Board—

(a)

to provide information, documents or representations to the court to enable it to decide what if any requirement should be imposed on the Board; or

(b)

to comply with any relevant order imposing such a requirement.

(4)

Where—

(a)

a relevant order has been made; and

(b)

a relevant event occurs,

the other party must, within 14 days of the relevant event, give notice of it to the Board.

(5)

Where it is not reasonably practicable for the Board to make a payment to the other party as required by the relevant order because of the inaccuracy of information or particulars referred to in paragraph (3) or because the other party fails to notify it in accordance with paragraph (4) of a relevant event within paragraph (2)(a), the Board—

(a)

may instead make that payment to the party with compensation rights or the civil partner with compensation rights; and

(b)

shall then be discharged of liability to the other party to the extent of that payment.

(6)

Where a relevant event within paragraph (2)(b) occurs and, because the other party fails to notify the Board in accordance with paragraph (4), the Board makes a payment to the other party as required by the relevant order—

(a)

the liability of the Board to the party with compensation rights or civil partner with compensation rights shall be discharged to the extent of that payment; and

(b)

the other party shall, within 14 days of the payment being made, make a payment to the party with compensation rights or civil partner with compensation rights to the extent of that payment.

Service4.

A notice under regulation 3(4) may be sent by fax or by ordinary first class post to the last known address of the intended recipient and shall be deemed to have been received on the seventh day after the day on which it was sent.

Pension compensation sharing order not to take effect pending appeal5.

(1)

No pension compensation sharing order under the provisions listed in paragraph (2), or a variation of a pension compensation sharing order under the provisions listed in paragraph (3), shall take effect earlier than 7 days after the end of the period for filing notice of appeal against the order.

(2)

The provisions referred to in paragraph (1) in relation to pension compensation sharing orders are—

(a)

section 24E of the 1973 Act11;

(b)

section 17(1)(c ) of the 1984 Act12;

(c)

paragraph 19A of Schedule 5 to the 2004 Act13;

(d)

paragraph 9(2) of Schedule 7 to the 2004 Act.

(3)

The provisions referred to in paragraph (1) in relation to variation of pension compensation sharing orders are—

(a)

section 31 of the 1973 Act14;

(b)

paragraphs 57 of Schedule 5 to the 2004 Act15.

(4)

The filing of a notice of appeal within the time allowed for doing so prevents the order taking effect before the appeal has been dealt with.

Signed by authority of the Lord Chancellor

Jonathan Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make provision relating to orders under the Matrimonial Causes Act   1973 (c 18) (“the 1973 Act”) 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 25G(5) of the 1973 Act as the “party with compensation rights”) or a party to a civil partnership (described in paragraph 37(1) of Schedule 5 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:

  1. a)

    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);

  2. b)

    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 Procedure Rules 2010 (S.I.2010/2955) 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;

  3. c)

    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);

  4. d)

    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 has failed to give the required notice to the Board of that order ceasing to have effect; and

  5. e)

    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.