Pensions Act 2008 (c. 30)

SCHEDULES

SCHEDULE 6 E+W+S Pension compensation on divorce etc: England and Wales

Part 3 E+W+S Amendments of the Civil Partnership Act 2004

19 E+W+S In Part 14 of Schedule 5 (miscellaneous and supplementary) after paragraph 79 insert—

“Appeals relating to pension compensation sharing orders which have taken effect E+W+S

79A (1) This paragraph applies where an appeal against a pension compensation sharing order is begun on or after the day on which the order takes effect.

(2) If the Board of the Pension Protection Fund has acted to its detriment in reliance on the taking effect of the order the appeal court—

(a) may not set aside or vary the order;

(b) may make such further orders (including a pension compensation sharing order) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.

(3) In determining for the purposes of sub-paragraph (2) whether the Board has acted to its detriment the appeal court may disregard any detriment which in the court's opinion is insignificant.

(4) Paragraph 19E only applies to a pension compensation sharing order under this paragraph if the decision of the appeal court can itself be the subject of an appeal.”