Welfare Reform and Pensions Act 1999

7 (1) Section 31 (variation, discharge etc. of certain orders for financial relief) is amended as follows. E+W

(2) In subsection (2), at the end there is inserted—

“(g) a pension sharing order under section 24B above which is made at a time before the decree has been made absolute.”

(3) After subsection (4) there is inserted—

“(4A) In relation to an order which falls within paragraph (g) of subsection (2) above (“the subsection (2) order”)—

(a) the powers conferred by this section may be exercised—

(i) only on an application made before the subsection (2) order has or, but for paragraph (b) below, would have taken effect; and

(ii) only if, at the time when the application is made, the decree has not been made absolute; and

(b) an application made in accordance with paragraph (a) above prevents the subsection (2) order from taking effect before the application has been dealt with.

(4B) No variation of a pension sharing order shall be made so as to take effect before the decree is made absolute.

(4C) The variation of a pension sharing order prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor.”

(4) In subsection (5)—

(a) for “(7F)” there is substituted “ (7G) ”,

(b) for “or (e)” there is substituted “ , (e) or (g) ”, and

(c) after “property adjustment order” there is inserted “ or pension sharing order ”.

(5) In subsection (7B), after paragraph (b) there is inserted—

“(ba) one or more pension sharing orders;”.

(6) After subsection (7F) there is inserted—

“(7G) Subsections (3) to (5) of section 24B above apply in relation to a pension sharing order under subsection (7B) above as they apply in relation to a pension sharing order under that section.”

(7) After subsection (14) there is inserted—

“(15) The power to make regulations under subsection (4C) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I1 Sch. 3 para. 7 wholly in force at 1.12.2000; Sch. 3 para. 7 in force for certain purposes at Royal Assent see s. 89(1)(5); Sch. 3 para. 7 in force at 1.12.2000 by S.I. 2000/1116, art. 2(e)