The Divorce etc. (Pension Protection Fund) Regulations (Northern Ireland) 2006

Variation and appeal of pension sharing or pension attachment orders

4.—(1) This regulation applies where—

(a) the court makes—

(i) a pension sharing order in respect of a person’s shareable rights under an occupational pension scheme; or

(ii) an order which includes provision made by virtue of Article 27B(4) or (7) in relation to such a scheme;

(b) the Board subsequently assumes responsibility for the scheme as mentioned in Article 27E(2)(a); and

(c) the court intends to exercise any of the powers referred to in Article 27E(7).

(2) Where this regulation applies, the following provisions of Part III of the Order (Financial Relief for Parties to Marriage and Children of Family) are modified so that they apply as if—

(a) after Article 23A(1) there were inserted—

“(1A) Where Article 27E(7) applies, the reference in paragraph (1)—

(a) to shareable rights under a specified pension arrangement shall include a reference to entitlement to PPF compensation (as defined in Article 27E(9)); and

(b) to pension sharing shall include a reference to sharing of that compensation.”; and

(b) in Article 27B(3) to (8)—

(i) a reference to benefits under a pension arrangement includes a reference to entitlement to PPF compensation;

(ii) a reference to the person responsible for the pension arrangement includes a reference to the Board; and

(iii) a reference to the party with pension rights includes a reference to the party entitled to PPF compensation.