The Divorce etc. (Pension Protection Fund) Regulations 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 section 25B(4) or (7) in relation to such a scheme;

(b) the Board subsequently assumes responsibility for the scheme as mentioned in section 25E(2)(a); and

(c) the court intends to exercise any of the powers referred to in section 25E(7).

(2) Where this regulation applies, the following provisions of Part II of the Act are modified so that they apply as if—

(a) after section 21A(1) there were inserted—

“(1A) Where section 25E(7) applies, the reference in subsection (1)—

(a) to shareable rights under a specified pension arrangement shall include a reference to entitlement to PPF compensation (as defined in section 25E(9)); and

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

(b) in section 25B(3) to (7A)—

(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.