HL Deb 17 November 2004 vol 666 cc1498-500

PPF compensation to be included in matters to which court is to have regard

29A (1) The matters to which a court is to have regard under paragraph 21(2)(a) include any PPF compensation to which a civil partner is or is likely to be entitled; and, accordingly, in relation to any PPF compensation paragraph 21(2)(a)(ii) has effect as if "in the foreseeable future" were omitted. (2) The matters to which a court is to have regard under paragraph 21(2)(h) include any PPF compensation which, because of the making of a dissolution or nullity order, a civil partner will lose the chance of acquiring entitlement to. (3) In this Part "PPF compensation" means compensation payable under—

  1. (a) Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection), or
  2. (b) corresponding Northern Ireland legislation.

Assumption of responsibility by PPF Board in paragraph 25(2) cases

29B (1) This paragraph applies to an order under Part 1 so far as it includes provision made by virtue of paragraph 25(2) which—

  1. (a) imposed requirements on the trustees or managers of an occupational pension scheme for which the Board has assumed responsibility, and
  2. (b) was made before the trustees or managers received the transfer notice.

(2) From the time the trustees or managers of the scheme receive the transfer notice, the order has effect—

  1. (a) except in descriptions of case prescribed by regulations, with the modifications set out in sub-paragraph (3), and
  2. (b) with such other modifications as may be prescribed by regulations.
(3) The modifications are that—
  1. (a) references in the order to the trustees or managers of the scheme have effect as references to the Board, and
  2. (b) references in the order to any pension or lump sum to which the civil partner with pension rights is or may become entitled under the scheme have effect as references to any PPF compensation to which that person is or may become entitled in respect of the pension or lump sum.

Assumption of responsibility by PPF Board in paragraph 25(5) cases

29C (1) This paragraph applies to an order under Part 1 if—

  1. (a) it includes provision made by virtue of paragraph 25(5) which requires the civil partner with pension rights to exercise his right of commutation under an occupational pension scheme to any extent, and
  2. (b) before the requirement is complied with the Board has assumed responsibility for the scheme.
(2) From the time the trustees or managers of the scheme receive the transfer notice, the order has effect with such modifications as may be prescribed by regulations.

Lump sums: power to modify paragraph 26 in respect of assessment period

29D Regulations may modify paragraph 26 in its application to an occupational pension scheme during an assessment period in relation to the scheme.

Assumption of responsibility hr the Board not to affect power of court to vary order etc.

29E (1) This paragraph applies where the court makes, in relation to an occupational pension scheme—

  1. (a) a pension sharing order, or
  2. (b) an order including provision made by virtue of paragraph 25(2) or (5).

(2) If the Board subsequently assumes responsibility for the scheme, that does not affect—

  1. (a) the powers of the court under paragraph 43 to vary or discharge the order or to suspend or revive any provision of it;
  2. (b) on an appeal, the powers of the appeal court to affirm, reinstate, set aside or vary the order.

Regulations

29F Regulations may make such consequential modifications of any provision of, or made by virtue of, this Schedule as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of this Part.

29G (1) In this Part "regulations" means regulations made by the Lord Chancellor.

(2) A power to make regulations under this Part is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

29H (1) In this Part—

"assessment period" means—

  1. (a) an assessment period within the meaning of Part 2 of the Pensions Act 2004 (pension protection), or
  2. (b) an equivalent period under corresponding Northern Ireland legislation;

"the Board" means the Board of the Pension Protection Fund;

"the civil partner with pension rights" has the meaning given by paragraph 29(1);

"occupational pension scheme" has the same meaning as in the Pension Schemes Act 1993 (c. 48);

"transfer notice" has the same meaning as in—

  1. (a) Chapter 3 of Part 2 of the 2004 Act, or
  2. (b) corresponding Northern Ireland legislation.

(2) References in this Part to the Board assuming responsibility for a scheme are to the Board assuming responsibility for the scheme in accordance with—

  1. (a) Chapter 3 of Part 2 of the 2004 Act (pension protection), or
  2. (b) corresponding Northern Ireland legislation."

105 Schedule 8, page 199, line 10, leave out sub-paragraph (4) and insert—

"(4) The matters to which the court is to have regard under sub-paragraph (3)(a), so far as relating to paragraph 21(2)(a) of Schedule 6 (regard to be had to financial resources), include—

  1. (a) any benefits under a pension arrangement which either of the civil partners has or is likely to have, and
  2. (b) any PPF compensation to which a civil partner is or is likely to be entitled,
(whether or not in the foreseeable future).

(4A) The matters to which the court is to have regard under sub-paragraph (3)(a), so far as relating to paragraph 2l(2)(h) of Schedule 6 (regard to be had to benefits that cease to be acquirable), include—

  1. (a) any benefits under a pension arrangement which, because of the dissolution or annulment of the civil partnership, one of the civil partners will lose the chance of acquiring, and
    2. 1500
  2. (b) any PPF compensation which, because of the making of the dissolution or nullity order, a civil partner will lose the chance of acquiring entitlement to."

106 Page 199, line 34, leave out "section" and insert "paragraph"

107 Page 199, line 36, leave out "and"

108 Page 199, line 39, at end insert ", and (c) "PPF compensation" has the same meaning as in Part 6A of Schedule 6.

109 Page 201, line 44, at end insert— ( ) paragraphs 29B to 29H (orders under Part 1 relating to pensions where Board has assumed responsibility for schemer);

110 Schedule 9, page 217, line 18, at end insert—

"( ) In subsection (3), for the definition of "cohabitants" substitute— "cohabitants" means—

  1. (a) a man and a woman who, although not married to each other, are living together as husband and wife, or
  2. (b) two people of the same sex who, although not civil partners of each other, are living together as if they were civil partners;
and "former cohabitants" shall be construed accordingly;"."

111 Schedule 15, page 239, line 18, at end insert—

"( ) In paragraph (1)(ba) (application may be made by person living as husband or wife of the deceased), after "paragraph (1A)" insert "or (1B)"."

112 Page 239, line 20, at end insert—

"( ) After paragraph (1A) insert—

"(1B) This paragraph applies to a person if for the whole of the period of two years ending immediately before the date when the deceased died the person was living—

  1. (a) in the same household as the deceased, and
  2. (b) as the civil partner of the deceased.""

113 Page 240, line 5, at end insert—

"In Article 5(2A) (application by person living as husband or wife of deceased: matters to which court is to have regard), in sub-paragraph (a), after "wife" insert "or civil partner"."

114 Schedule 16, page 252, line 46, leave out sub-paragraph (3)

115 Page 253, line 1, after "under" insert "paragraph 22 or"

116 Page 253, line 4, after "under" insert "paragraph 22 or"

117 Page 253, line 14, at end insert—

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