HC Deb 04 July 1995 vol 263 cc212-3

25D.—(1) Where —

  1. (a) an order made under section 23 above by virtue of section 25B or 25C above imposes any requirement on the trustees or managers of a pension scheme ("the first scheme") and the party with pension rights acquires transfer credits under another pension scheme ("the new scheme") which are derived (directly or indirectly) from a transfer from the first scheme of all his accrued rights under that scheme (including transfer credits allowed by that scheme), and
  2. (b) the trustees or managers of the new scheme have been given notice in accordance with regulations, the order shall have effect as if it has been made instead in respect of the trustees or managers of the new scheme; and in this subsection "transfer credits" has the same meaning as in the Pension Schemes Act 1993.

(2) Regulations may—

  1. (a) in relation to any provision of sections 25B or 25C above which authorises the court making an order under section 23 above to require the trustees or managers of a pension scheme to make a payment for the benefit of the other party, make provision as to the person to whom, and the terms on which, the payment is to be made'.

No. 74, in page 122, line 42, leave out 'subsection (4)' and insert 'sections 25B and 25C'.

No. 75, in page 123, line 3, leave out 'subsection (4)' and insert 'sections 25B and 25C'.

No. 76, in page 123, line 16, at end insert

'and sections 25B and 25C above'.

No. 77, in page 123, line 28, leave out 'subsections (1) and (2)' and insert 'section 25B(1) and (2)'.

No. 78, in page 123, line 31, at end insert 'and sections 25B and 25C above— '"the party with pension rights" means the party to the marriage who has or is likely to have benefits under a pension scheme and "the other party" means the other party to the marriage'.

No. 79, in page 123, line 47, leave out from 'section' to end of line 4 on page 124 and insert— '31 of that Act (variation, discharge, etc. of orders) — (a) in subsection (2), after paragraph (d) there is inserted— (dd) any deferred order made by virtue of section 23(1)(c) (lump sums) which includes provision made by virtue of —

  1. (i) section 25B(4), or
  2. (ii) section 25C, (provision in respect of pension rights)", and
(b) after subsection (2A) there is inserted— (2B) Where the court has made an order referred to in subsection (2)(dd)(ii) above, this section shall cease to apply to the order on the death of either of the parties to the marriage'''.

No. 80, in page 124, line 10, leave out 'in the foreseeable future'.

No. 81, in page 124, line 23, leave out `(8) of section 25B' and insert `(7) of section 25B, and section 25C'.—[Mr. Arbuthnot.]

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