SCHEDULES
SCHEDULE 6Pension compensation on divorce etc: England and Wales
Part 1Amendments of the Matrimonial Causes Act 1973
9
After section 40A (appeals relating to pension sharing orders which have taken effect) insert—
40BAppeals relating to pension compensation sharing orders which have taken effect
1
This section 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 subsection (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
Section 24F (duty to stay) only applies to a pension compensation sharing order under this section if the decision of the appeal court can itself be the subject of an appeal.