The Pensions on Divorce etc. (Charging) Regulations 2000

Charges in respect of pension sharing activity — postponement of implementation period

7.—(1) The circumstances when the start of the implementation period may be postponed are when a person responsible for a pension arrangement—

(a) issues a notice to the member and the person entitled to the pension credit no later than 21 days after the day on which the person responsible for the pension arrangement receives the pension sharing order or provision; and

(b) in that notice, requires the charges specified in regulation 3, 5 or 6 to be paid before the implementation of the pension sharing order or provision is commenced.

(2) Paragraph (1) shall apply only if the person responsible for the pension arrangement has specified at a stage no later than in his response to the notification that a pension sharing order or provision may be made, issued in accordance with regulation 4 of the Provision of Information Regulations—

(a) that he requires the charges mentioned in paragraph (1) to be paid before the implementation period is commenced; and either

(b) whether he requires those charges to be paid in full; or

(c) the proportion of those charges which he requires to be paid as full settlement of those charges.

(3) Once payment of the charges mentioned in paragraph (1) has been made in accordance with the requirements of the person responsible for the pension arrangement—

(a) that person shall—

(i) issue the notice of implementation in accordance with regulation 7(1)(c) of the Provision of Information Regulations, and

(ii) begin the implementation period for the pension credit,

within 21 days from the date the charges are paid, provided that the person responsible for the pension arrangement would otherwise be able to begin to implement the pension sharing order or provision, and

(b) subject to paragraph (4), that person shall not be entitled to recover any further charges in respect of the pension sharing order or provision in question.

(4) Paragraph (3)(b) shall not apply—

(a) in relation to the recovery of charges referred to in regulations 2(4)(d) and 6(2)(b); or

(b) where the pension credit depends on a pension sharing order and the order is the subject of an application for leave to appeal out of time.