Welfare Reform and Pensions Act 1999 (c. 30)

Part III E+W+S Pensions on divorce etc.

Modifications etc. (not altering text)

C1 Pts. I-IV modified (6.4.2006) by Pensions Act 2004 (c. 35), ss. 254(3)(c), 322(1) (with s. 313); S.I. 2006/560, art. 2(3), Sch. Pt. 3

C2 Pts. I-IV: power to modify conferred (6.4.2006) by Pensions Act 2004 (c. 35), ss. 321(1)(d), 322(1); S.I. 2006/560, art. 2(3), Sch. Pt. 3

Miscellaneous E+W+S

23 Supply of pension information in connection with divorce etc. E+W+S

(1) The Secretary of State may by regulations—

(a) make provision imposing on the person responsible for a pension arrangement, or on the Secretary of State, requirements with respect to the supply of information relevant to any power with respect to—

(i) financial relief under Part II of the M1 Matrimonial Causes Act 1973 or Part III of the M2 Matrimonial and Family Proceedings Act 1984 (England and Wales powers in relation to domestic and overseas divorce etc.),

[F1 (ia) financial relief under Schedule 5 or 7 to the Civil Partnership Act 2004 (England and Wales powers in relation to domestic and overseas dissolution of civil partnerships etc.),]

(ii) financial provision under the M3 Family Law (Scotland) Act 1985 or Part IV of the Matrimonial and Family Proceedings Act 1984 [F2 or Schedule 11 to the 2004 Act] (corresponding Scottish powers), F3 ...

(iii) financial relief under Part III of the M4 Matrimonial Causes (Northern Ireland) Order 1978 or Part IV of the M5 Matrimonial and Family Proceedings (Northern Ireland) Order 1989 [F4 (Northern Ireland powers corresponding to those mentioned in sub-paragraph (i)), or

(iv) financial relief under Schedule 15 or 17 to the 2004 Act (Northern Ireland powers corresponding to those mentioned in sub-paragraph (ia));]

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

(i) benefits under a pension arrangement, or

(ii) shareable state scheme rights,

for the purposes of regulations under paragraph (a)(i) [F5 (ia), (iii) or (iv)];

(c) make provision about calculation and verification in relation to—

(i) the valuation of shareable rights under a pension arrangement or shareable state scheme rights for the purposes of regulations under paragraph (a)(ii), so far as relating to the making of orders for financial provision (within the meaning of the M6 Family Law (Scotland) Act 1985), or

(ii) the valuation of benefits under a pension arrangement for the purposes of such regulations, so far as relating to the making of orders under section 12A of that Act;

(d) make provision for the purpose of enabling the person responsible for a pension arrangement to recover prescribed charges in respect of providing information in accordance with regulations under paragraph (a).

(2) Regulations under subsection (1)(b) or (c) may include provision for calculation or verification in accordance with guidance from time to time prepared by a person prescribed by the regulations.

(3) Regulations under subsection (1)(d) may include provision for the application in prescribed circumstances, with or without modification, of any provision made by virtue of section 41(2).

(4) In subsection (1)—

(a) the reference in paragraph (c)(i) to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part IV, or under corresponding Northern Ireland legislation, and

(b) the references to shareable state scheme rights are to rights in relation to which pension sharing is available under Chapter II of Part IV, or under corresponding Northern Ireland legislation.

Textual Amendments

F1 S. 23(1)(a)(ia) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 157(2); S.I. 2005/3175, art. 2(2)

F2 Words in s. 23(1)(a)(ii) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 157(3)(a); S.I. 2005/3175, art. 2(2)

F3 Word in s. 23(1)(a)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 157(3)(b), Sch. 30; S.I. 2005/3175, art. 2(2)(6)

F4 S. 23(1)(a)(iv) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 157(4); S.I. 2005/3175, art. 2(2)

F5 Words in s. 23(1)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 157(5); S.I. 2005/3175, art. 2(2)

Commencement Information

I1 S. 23 wholly in force at 1.12.2000; s. 23 in force for certain purposes at Royal Assent see s. 89(1); s. 23 in force at 1.12.2000 insofar as not already in force by S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

Marginal Citations

M1 1973 c. 18

M2 1984 c. 42.

M3 1985 c. 37.

M4 S.I. 1978/1045 (N.I. 15).

M5 S.I. 1989/677 (N.I. 4).

M6 1985 c. 37.

24 Charges by pension arrangements in relation to earmarking orders. E+W+S

The Secretary of State may by regulations make provision for the purpose of enabling the person responsible for a pension arrangement to recover prescribed charges in respect of complying with—

(a) an order under section 23 of the M7 Matrimonial Causes Act 1973 (financial provision orders in connection with divorce etc.), so far as it includes provision made by virtue of section 25B or 25C of that Act (powers to include provision about pensions),

[F6 (aa) an order under Part 1 of Schedule 5 to the Civil Partnership Act 2004 (financial provision orders in connection with dissolution of civil partnerships etc.) so far as it includes provision made by virtue of Part 6 of that Schedule (powers to include provision about pensions),]

(b) an order under section 12A(2) or (3) of the M8 Family Law (Scotland) Act 1985 (powers in relation to pensions lump sums when making a capital sum order), F7 ...

(c) an order under Article 25 of the M9 Matrimonial Causes (Northern Ireland) Order 1978, so far as it includes provision made by virtue of Article 27B or 27C of that Order (Northern Ireland powers corresponding to those mentioned in paragraph (a))[F8 , or

(d) an order under Part 1 of Schedule 15 to the 2004 Act so far as it includes provision made by virtue of Part 5 of that Schedule (Northern Ireland powers corresponding to those mentioned in paragraph (aa)).]

Textual Amendments

F6 S. 24(aa) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 158(2); S.I. 2005/3175, art. 2(2)

F7 Word in s. 24(b) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 158(3), Sch. 30; S.I. 2005/3175, art. 2(2)(6)

F8 S. 24(d) and word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 158(3); S.I. 2005/3175, art. 2(2)

Commencement Information

I2 S. 24 wholly in force at 1.12.2000; s. 24 in force for certain purposes at Royal Assent see s. 89(1); s. 24 in force at 1.12.2000 insofar as not already in force by S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

Marginal Citations

M7 1973 c. 18.

M8 1985 c. 37.

M9 S.I. 1978/1045 (N.I. 15).