SCHEDULES
SCHEDULE 5Financial relief in the High Court or a county court etc.
F1Part 4APension compensation sharing orders on or after dissolution or nullity order
19DRestrictions on making pension compensation sharing orders
1
A pension compensation sharing order may not be made in relation to rights to PPF compensation that—
a
are the subject of pension attachment,
b
derive from rights under a pension scheme that were the subject of pension sharing between the civil partners,
c
are the subject of pension compensation attachment, or
d
are or have been the subject of pension compensation sharing between the civil partners.
2
For the purposes of sub-paragraph (1)(a), rights to PPF compensation “are the subject of pension attachment” if any of the following three conditions is met.
3
The first condition is that—
a
the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 25(2), and
b
that order, as modified under paragraph 31, remains in force.
4
The second condition is that—
a
the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 25(5), and
b
that order—
i
has been complied with, or
ii
has not been complied with and, as modified under paragraph 32, remains in force.
5
The third condition is that—
a
the rights derive from rights under a pension scheme in relation to which an order was made under Part 1 imposing a requirement by virtue of paragraph 26, and
b
that order remains in force.
6
For the purposes of sub-paragraph (1)(b), rights under a pension scheme “were the subject of pension sharing between the civil partners” if the rights were at any time the subject of a pension sharing order in relation to the civil partnership or a previous civil partnership between the same parties.
7
For the purposes of sub-paragraph (1)(c), rights to PPF compensation “are the subject of pension compensation attachment” if there is in force a requirement imposed by virtue of Part 6 relating to them.
8
For the purposes of sub-paragraph (1)(d), rights to PPF compensation “are or have been the subject of pension compensation sharing between the civil partners” if they are or have ever been the subject of a pension compensation sharing order in relation to the civil partnership or a previous civil partnership between the same parties.
Sch. 5 Pt. 4A inserted (6.3.2011 for specified purposes otherwise 6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 15; S.I. 2011/664, art. 2(2)(3), Sch.