The Pensions Act 2014 (Pension Sharing on Divorce etc.) (Transitional Provision) Order 2016
| Jurisdiction | UK Non-devolved |
| Citation | SI 2016/39 |
| Year | 2016 |
2016 No. 39
Social Security
The Pensions Act 2014 (Pension Sharing on Divorce etc.) (Transitional Provision) Order 2016
Made 14th January 2016
Coming into force 6th April 2016
The Secretary of State for Work and Pensions makes the following Order in exercise of the power conferred by section 56(8) of the Pensions Act 20141.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Pensions Act 2014 (Pension Sharing on Divorce etc.) (Transitional Provision) Order 2016 and shall come into force on 6th April 2016.
(2) For the purposes of this Order—
(a)
(a) a petition or application is issued on the date entered on the petition or application form by a member of the court staff;
(b)
(b) an initial writ or summons is presented on the date entered on the initial writ or summons by a member of the court staff.
Transitional provision in connection with the coming into force of amendments to pension sharing on divorce etc.
2.—(1) This Order applies in a case where section 49A of the Welfare Reform and Pensions Act 19992(creation of debits and credits: transferor in new state pension system and sharing activated on or after 6 April 2016) would otherwise apply and either—
(a)
(a) in England and Wales—
(i) the petition for divorce or nullity of a marriage was issued before 6th April 2016;
(ii) the application for dissolution or annulment of a civil partnership was issued before 6th April 2016; or
(iii) in the case of the application for financial relief after overseas divorce or nullity of a marriage or overseas dissolution or annulment of a civil partnership, the application for permission of the court for financial relief was issued before 6th April 2016; or
(b)
(b) in Scotland—
(i) the initial writ or summons in the proceedings for divorce or nullity of a marriage or for dissolution or annulment of a civil partnership was presented before 6th April 2016;
(ii) the initial writ or summons in the application for an order for financial provision after overseas divorce or nullity of a marriage or overseas dissolution or annulment of a civil partnership was presented before 6th April 2016; or
(iii) the qualifying agreement, referred to in section 48(1)(f)(i) of the Welfare Reform and Pensions Act 19993(activation of benefit sharing), was executed by...
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