Divorce etc. (Pensions) Regulations 2000

JurisdictionUK Non-devolved
CitationSI 2000/1123

2000 No. 1123

FAMILY LAW

PENSIONS

The Divorce etc. (Pensions) Regulations 2000

Made 14th April 2000

Laid before Parliament 19th April 2000

Coming into force 1st December 2000

The Lord Chancellor, in exercise of the powers conferred on him by sections 24C, 25D(1)(b), (2) and (3) and 31(4C) of the Matrimonial Causes Act 19731and section 21(4) of the Matrimonial and Family Proceedings Act 19842, makes the following Regulations:

S-1 Citation, commencement and transitional provisions

Citation, commencement and transitional provisions

1.—(1) These Regulations may be cited as the Divorce etc. (Pensions) Regulations 2000 and shall come into force on 1st December 2000.

(2) These Regulations shall apply to any proceedings for divorce, judicial separation or nullity of marriage commenced on or after 1st December 2000, and any such proceedings commenced before that date shall be treated as if these Regulations had not come into force.

S-2 Interpretation

Interpretation

2. In these Regulations:

(a) a reference to a section by number alone means the section so numbered in the Matrimonial Causes Act 1973;

(c) expressions defined in sections 21A3and 25D(3) have the meanings assigned by those sections;

(d) every reference to a rule by number alone means the rule so numbered in the Family Proceedings Rules 19914.

S-3 Valuation

Valuation

3.—(1) For the purposes of the court’s functions in connection with the exercise of any of its powers under Part II of the Matrimonial Causes Act 1973, benefits under a pension arrangement shall be calculated and verified in the manner set out in regulation 3 of the Pensions on Divorce etc. (Provision of Information) Regulations 20005, and—

(a)

(a) the benefits shall be valued as at a date to be specified by the court (being not earlier than one year before the date of the petition and not later than the date on which the court is exercising its power);

(b)

(b) in determining that value the court may have regard to information furnished by the person responsible for the pension arrangement pursuant to any of the provisions set out in paragraph (2); and

(c)

(c) in specifying a date under sub-paragraph (a) above the court may have regard to the date specified in any information furnished as mentioned in sub-paragraph (b) above.

(2) The relevant provisions for the purposes of paragraph (1)(b) above are:

(a)

(a) the Pensions on Divorce etc. (Provision of Information) Regulations 2000;

(b)

(b) regulation 5 of and Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations 19966and regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Value) Regulations 19967;

(c)

(c) section 93A or 94(1)(a) or (aa) of the Pension Schemes Act 19938;

(d)

(d) section 94(1)(b) of the Pension Schemes Act 1993 or paragraph 2(a) (or, where applicable, 2(b)) of Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations 19879.

S-4 Pension attachment: notices

Pension attachment: notices

4.—(1) This regulation applies in the circumstances set out in section 25D(1)(a) (transfers of pension rights).

(2) Where this regulation applies, the person responsible for the first arrangement shall give notice in accordance with the following paragraphs of this regulation to

(a)

(a) the person responsible for the new arrangement, and

(b)

(b) the other party.

(3) The notice to the person responsible for the new arrangement shall include copies of the following documents:

(a)

(a) every order made under section 23 imposing any requirement on the person responsible for the first arrangement in relation to the rights transferred;

(b)

(b) any order varying such an order;

(c)

(c) all information or particulars which the other party has been required to supply under any provision of rule 2.70 for the purpose of enabling the person responsible for the first arrangement:—

(i) to provide information, documents or representations to the court to enable it to decide what if any requirement should be imposed on that person; or

(ii) to comply with any order imposing such a requirement;

(d)

(d) any notice given by the other party to the person responsible for the first arrangement under regulation 6;

(e)

(e) where the pension rights under the first arrangement were derived wholly or partly from rights held under a previous pension arrangement, any notice given to the person responsible for the previous arrangement under paragraph (2) of this regulation on the occasion of that acquisition of rights.

(4) The notice to the other party shall contain the following particulars:

(a)

(a) the fact that the pension rights have been transferred;

(b)

(b) the date on which the transfer takes effect;

(c)

(c) the name and address of the person responsible for the new arrangement;

(d)

(d) the fact that the order made under section 23 is to have effect as if it had been made in respect of the person responsible for the new arrangement.

(5) Both notices shall be given:

(a)

(a) within the period provided by section 99 of the Pension Schemes Act 1993 for the person responsible for the first arrangement to carry out what the member requires; and

(b)

(b) before the expiry of 21 days after the person responsible for the first arrangement has made all required payments to the person responsible for the new arrangement.

S-5 Pension attachment: reduction in benefits

Pension attachment: reduction in benefits

5.—(1) This regulation applies where:

(a)

(a) an order under section 23 or under section 1710of the 1984 Act has been made by virtue of section 25B or 25C imposing any requirement on the person responsible for a pension arrangement;

(b)

(b) an event has occurred which is likely to result in a significant reduction in the benefits payable under the arrangement, other than:

(i) the transfer from the arrangement of all the rights of the party with pension rights in the circumstances set out in section 25D(1)(a), or

(ii) a reduction in the value of assets held for the purposes of the arrangement by reason of a change in interest rates or other market conditions.

(2) Where this regulation applies, the person responsible for the arrangement shall, within 14 days of the occurrence of the event mentioned in paragraph (1)(b), give notice to the other party of:

(a)

(a) that event;

(b)

(b) the likely extent of the reduction in the benefits payable under the arrangement.

(3) Where the event mentioned in paragraph (1)(b)...

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