Part XI General and miscellaneous provisions
Avoidance of certain transactions and provisions
I1C3C4C5C6C7C8159 Inalienability of guaranteed minimum pension F3....
1
Where—
a
a person is entitled or prospectively entitled to a guaranteed minimum pension under an occupational pension scheme F4... ; 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 F5... , and
ii
every agreement to assign or charge that pension F5... ,
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.
F64
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C1C2F74A
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.
F14B
Subsection (4A) does not prevent the making of an attachment of earnings order under the Attachment of Earnings Act 1971.
F25
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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.