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The Pensions on Divorce etc. (Charging) Regulations 2000

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Charges in respect of the provision of information — method of recovery

4.—(1) A person responsible for a pension arrangement may recover the charges specified in regulation 3(1) by using either of the methods described in sub-paragraph (a) or (b)—

(a)requiring payment of charges at any specified time between the request for basic information and the completion of the implementation of a pension sharing order or provision, or the compliance with an order specified in section 24 of the 1999 Act, as the case may be; or

(b)subject to paragraph (2), requiring as a condition of providing information in accordance with—

(i)regulation 2 of the Provision of Information Regulations; or

(ii)regulation 10 of those Regulations,

that payment of the charges to which regulation 3(1) refers shall be made in full by the member before the person responsible for the pension arrangement becomes obliged to provide the information.

(2) Paragraph (1)(b) shall not apply—

(a)where a court has ordered a member to obtain the information specified in regulation 2 of the Provision of Information Regulations;

(b)where, in accordance with regulation 2(8) of these Regulations, the person responsible for the pension arrangement shall provide that information without charge; or

(c)where the person responsible for the pension arrangement is required to supply that information by virtue of regulation 4 of the Provision of Information Regulations.

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