Part XIU.K. General and miscellaneous provisions

Avoidance of certain transactions and provisionsE+W+S

159 Inalienability of guaranteed minimum pension F1....E+W+S

(1)Where—

(a)a person is entitled or prospectively entitled to a guaranteed minimum pension under an occupational pension scheme F2... ; and

(b)his entitlement is in respect of his or another person’s service in employment which was contracted-out by reference to that scheme;

then—

(i)every assignment of or charge on that pension F3... , and

(ii)every agreement to assign or charge that pension F3... ,

shall be void.

(2)In subsection (1), the references to assignments of and agreements to assign a guaranteed minimum pension do not include references to any assignment of or agreement to assign a policy of insurance or annuity contract in accordance with conditions prescribed by regulations under section 19(4)(b).

(3)Subsection (1) has effect whether or not the assignment, charge or agreement was made at a time when the employment was contracted-out employment or the scheme was a contracted-out scheme in relation to the employment.

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(4A)Where a person is entitled or prospectively entitled as is mentioned in subsection (1), no order shall be made by any court the effect of which would be that he would be restrained from receiving anything the assignment of which is or would be made void by that subsection.]

[F6(4B)Subsection (4A) does not prevent the making of an attachment of earnings order under the Attachment of Earnings Act 1971.]

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In the application of this section to Scotland—

(a)references to assignment shall be construed as references to assignation and “assign” shall be construed accordingly; and

(b)the reference to a person’s bankruptcy shall be construed as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the M1Solicitors (Scotland) Act 1980.

Textual Amendments

Modifications etc. (not altering text)

C1S. 159 excluded by 1985 c. 66, s. 36C(1) (as inserted (6.4.1996 for specified purposes) by Pensions Act 1995 (c. 26), ss. 95(2), 180(1) (with s. 121(5)); S.I. 1996/778, art. 2(5)(a), Sch. Pt. 5)

C2S. 159 excluded by Insolvency Act 1986 (c. 45), s. 342C(1) (as inserted (6.4.1996 for specified purposes) by Pensions Act 1995 (c. 26), ss. 95(1), 180(1) (with s. 121(5)); S.I. 1996/778, art. 2(5)(a), Sch. Pt. 5)

C3S. 159 excluded (11.11.1999 for specified purposes, 6.4.2002 in so far as not already in force) by Insolvency Act 1986 (c. 45), s. 342C(2) (as substituted by Welfare Reform and Pensions Act 1999 (c. 30), ss. 15, 89(5)(a); S.I. 2002/153, art. 2(e))

C4S. 159 excluded (11.11.1999 for specified purposes, 6.4.2002 in so far as not already in force) by 1985 c. 66, s. 36C(2) (as substituted by Welfare Reform and Pensions Act 1999 (c. 30), ss. 16, 89(5)(a); S.I. 2002/153, art. 2(f))

C5S. 159 excluded (26.3.2002 for specified purposes, 6.4.2002 in so far as not already in force) by 1985 c. 66, s. 36F(2)(a) (as inserted by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 69; S.I. 2002/818, art. 3(b))

C6S. 159 excluded (26.3.2002 for specified purposes, 6.4.2002 in so far as not already in force) by Insolvency Act 1986 (c. 45), s. 342F(5)(a) (as inserted by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 71; S.I. 2002/818, art. 3(b))

C7S. 159 excluded (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 273(5)(a), 458(1); S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

C10S. 159(4)(4A) excluded (11.11.1999 for specified purposes, 1.12.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 44(1), 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. 4

Commencement Information

I1Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2

Marginal Citations