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The Divorce etc. (Pensions) Regulations 2000
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- UK Statutory Instruments
- 2000 No. 1123
- Regulation 6
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Pension attachment: change of circumstances
6.—(1) This regulation applies where:
(a)an order under section 23 or under section 17 of the 1984 Act has been made by virtue of section 25B or 25C imposing any requirement on the person responsible for a pension arrangement; and
(b)any of the events set out in paragraph (2) has occurred.
(2) Those events are:
(a)any of the particulars supplied by the other party under [F1rule 2.70[F1rule 9.33 or 9.34]] for any purpose mentioned in regulation 4(3)(c) has ceased to be accurate; or
(b)by reason of the remarriage of the other party [F2, or his having formed a subsequent civil partnership,] or otherwise, the order has ceased to have effect.
(3) Where this regulation applies, the other party shall, within 14 days of the event, give notice of it to the person responsible for the pension arrangement.
(4) Where, because of the inaccuracy of the particulars supplied by the other party under [F3rule 2.70[F3rule 9.33 or 9.34]] or because the other party has failed to give notice of their having ceased to be accurate, it is not reasonably practicable for the person responsible for the pension arrangement to make a payment to the other party as required by the order:
(a)it may instead make that payment to the party with pension rights, and
(b)it shall then be discharged of liability to the other party to the extent of that payment.
(5) Where an event set out in paragraph (2)(b) has occurred and, because the other party has failed to give notice in accordance with paragraph (3), the person responsible for the pension arrangement makes a payment to the other party as required by the order:
(a)its liability to the party with pension rights shall be discharged to the extent of that payment, and
(b)the other party shall, within 14 days of the payment being made, make a payment to the party with pension rights to the extent of that payment.
Textual Amendments
F1Words in reg. 6(2)(a) substituted (E.W.) (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 28 (with art. 39)
F2Words in reg. 6(2)(b) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), regs. 1, Sch. 1 para. 8
F3Words in reg. 6(4) substituted (E.W.) (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 28 (with art. 39)
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