HL Deb 17 May 2004 vol 661 cc285-6GC

41 The court must not exercise the powers conferred by this Part in relation to a property adjustment order falling within paragraph 7(1)(b), (c) or (d) (order for settlement or for variation of settlement) except on an application made in proceedings—

  1. (a) for the rescission of the separation order by reference to which the property adjustment order was made, or
  2. (b) for a dissolution order in relation to the civil partnership.

42 (1) In relation to a pension sharing order which is made at a time before the dissolution or nullity order has been made final—

  1. (a) the powers conferred by this Part (by virtue of paragraph 37(1)(h)) may be exercised
    1. (i) only on an application made before the pension sharing order has or, but for paragraph (b), would have taken effect, and
    2. (ii) only if, at the time when the application is made, the dissolution or nullity order has not been made final, and
  2. (b) an application made in accordance with paragraph (a) prevents the pension sharing order from taking effect before the application has been dealt with.

(2) No variation of a pension sharing order is to be made so as to take effect before the order is made final.

(3) The variation of a pension sharing order prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor.

(4) The power to make regulations under sub-paragraph (3) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(5) Regulations under sub-paragraph (3) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.

43 (1) No property adjustment order or pension sharing order may be made on an application for the variation of a periodical payments or secured periodical payments order made (whether in favour of a civil partner or in favour of a child of the family) under Part 1.

(2) No order for the payment of a lump sum may be made on an application for the variation of a periodical payments or secured periodical payments order in favour of a civil partner (whether made under Part 1 or 7).