SCHEDULES

SCHEDULE 15 N.I.Financial relief in the High Court or a county court etc.: Northern Ireland

Modifications etc. (not altering text)

C1 Sch. 15: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 21(b) (with arts. 15(6), 28-31)

Part 5 N.I.Making of Part 1 orders having regard to pension benefits

Regulations N.I.

23 (1) The Lord Chancellor may by regulations— N.I.

(a) make provision, in relation to any provision of paragraphs 20 or 21 which authorises the court making a Part 1 order to require the person responsible for a pension arrangement to make a payment for the benefit of the other civil partner, as to—

(i) the person to whom, and

(ii) the terms on which,

the payment is to be made;

(b) make provision, in relation to payment under a mistaken belief as to the continuation in force of a provision included by virtue of paragraph 20 or 21 in a Part 1 order, about the rights or liabilities of the payer, the payee or the person to whom the payment was due;

(c) require notices to be given in respect of changes of circumstances relevant to Part 1 orders which include provision made by virtue of paragraphs 20 and 21;

(d) make provision for the person responsible for a pension arrangement to be discharged in prescribed circumstances from a requirement imposed by virtue of paragraph 20 or 21;

(e) make provision about calculation and verification in relation to the valuation of—

(i) benefits under a pension arrangement, or

(ii) shareable state scheme rights (within the meaning of paragraph 11(3)),

for the purposes of the court’s functions in connection with the exercise of any of its powers under this Schedule.

(2) Regulations under sub-paragraph (1)(e) may include—

(a) provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person, and

(b) provision by reference to regulations under Article 27 or 46(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)).

(3) The power to make regulations under paragraph 22 or this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(4) Regulations under paragraph 22 or this paragraph are subject to [F1 negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954].

(5) “Prescribed” means prescribed by regulations.

Textual Amendments

F1 Words in Sch. 15 para. 23(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 75(3) (with arts. 28-31)

Commencement Information

I1 Sch. 15 para. 23 wholly in force at 5.12.2005; Sch. 15 para. 23 not in force at Royal Assent see s. 263; Sch. 15 para. 23 in force for certain purposes at 7.11.2005 by S.I. 2005/3058, art. 2 and Sch. 15 para. 23 in force otherwise at 5.12.2005 by S.I. 2005/3255, art. 2(1), Sch. 1