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Postponement or cessation of implementation period when an application for leave to appeal out of time is made
This section has no associated Explanatory Memorandum
9.—(1) Where a pension compensation credit depends on a pension compensation sharing order which is the subject of an application for leave to appeal out of time, the modifications to the effect of section 93 (“implementation period”) are—
(a)where the implementation period has not commenced, its commencement is postponed, or
(b)where the implementation period has commenced, its operation ceases.
(2) The postponement or cessation referred to in paragraph (1)(a) or (b) is to continue until the Board receives—
(a)confirmation from the court that the order which was the subject of the application for leave to appeal out of time has not been varied, discharged or recalled, or
(b)a copy of the varied pension compensation sharing order.
(3) If the Board—
(a)has already discharged its liability in respect of the pension compensation credit which depends on a pension compensation sharing order, and
(b)subsequently receives notification of an application for leave to appeal out of time in respect of that order,
it must inform the court, within 21 days from the date on which the notification was received, that the Board’s liability in respect of that pension compensation credit has been discharged.
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