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The Divorce etc. (Pensions) Regulations 2000
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- UK Statutory Instruments
- 2000 No. 1123
- Regulation 7A
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[F1Pension attachment: discharge of liability of the Board
7A.—(1) This regulation applies where—
(a)the Board has assumed responsibility for a pension arrangement as mentioned in section 25E(2)(a); and
(b)the Board has given notice that it has so assumed responsibility to members and beneficiaries of the pension arrangement in compliance with regulation 3(6) of the Pension Protection Fund (Provision of Information) Regulations 2005.
(2) Where—
(a)any of the events set out in regulation 6(2) have occurred; and
(b)the other party has not, before receiving the notice referred to in (1)(b) above, given notice of that event to the person responsible for the pension arrangement in accordance with regulation 6(3),
the other party shall, within 14 days of the event, give notice of it to the Board.
(3) Paragraph (4) applies where it is not reasonably practicable for the Board to make a payment to the other party as required by the order because—
(a)of the inaccuracy of the particulars supplied by the other party under [F2rule 2.70[F2rule 9.33 or 9.34]] for any purpose mentioned in regulation 4(3)(c); or
(b)the other party has failed to give notice that the particulars have ceased to be accurate.
(4) Where this paragraph applies, the Board—
(a) may instead make the payment due to the other party to the party entitled to PPF compensation; and
(b)shall then be discharged of liability to the other party to the extent of that payment.
(5) Where an event set out in regulation 6(2)(b) has occurred and, because the other party has failed to give notice in accordance with paragraph (2), the Board makes a payment to the other party as required by the order—
(a) its liability to the party entitled to PPF compensation 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 entitled to PPF compensation to the extent of that payment.
(6) In this regulation “the Board” and “ PPF compensation” have the meanings given in section 25E(9). ]
Textual Amendments
F1Reg. 7A inserted (8.8.2006) by The Divorce etc. (Pension Protection Fund) Regulations 2006 (S.I. 2006/1932), regs. 1(1), 5(a)
F2Words in reg. 7A(3)(a) substituted (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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