Welfare Reform and Pensions Act 1999

Pension sharing orders

19 Orders in England and Wales

Schedule 3 (which amends the [1973 c. 18.] Matrimonial Causes Act 1973 for the purpose of enabling the court to make pension sharing orders in connection with proceedings in England and Wales for divorce or nullity of marriage, and for supplementary purposes) shall have effect.

20 Orders in Scotland

(1) The [1985 c. 37.] Family Law (Scotland) Act 1985 shall be amended as follows.

(2) In section 8(1) (orders for financial provision), after paragraph (b) there shall be inserted—

“(baa) a pension sharing order.”

(3) In section 27 (interpretation), in subsection (1), there shall be inserted at the appropriate place—

• ““pension sharing order” is an order which—

  (a)

  provides that one party's—

  (i)

  shareable rights under a specified pension arrangement, or

  (ii)

  shareable state scheme rights,

  (b)

  specifies the percentage value, or the amount, to be transferred;”.

(4) In that section, after subsection (1) there shall be inserted—

“(1A) In subsection (1), in the definition of “pension sharing order”—

(a) the reference to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, and

(b) the reference to shareable state scheme rights is to rights in relation to which pension sharing is available under Chapter II of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation.”