Welfare Reform and Pensions Bill

Welfare Reform and Pensions Bill - continued	House of Lords

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SCHEDULE 12

CONSEQUENTIAL AMENDMENTS

PART I

AMENDMENTS CONSEQUENTIAL ON PARTS III AND IV

Matrimonial Causes Act 1973 (c.18)

1. In section 37(1) of the Matrimonial Causes Act 1973, after "24," there is inserted "24B, 24D,".

Supreme Court Act 1981 (c.54)

2. In paragraph 3 of Schedule 1 to the Supreme Court Act 1981, after paragraph (f) there is inserted-

"(fa) all proceedings relating to a debit or credit under section 25(1) or 45(1) of the Welfare Reform and Pensions Act 1999;".

Matrimonial and Family Proceedings Act 1984 (c.42)

3. The Matrimonial and Family Proceedings Act 1984 is amended as follows.

4. In section 17, for subsection (1) there is substituted-

	"(1) Subject to section 20 below, on an application by a party to a marriage for an order for financial relief under this section, the court may-
	(a) make one or more orders each of which would, within the meaning of Part II of the 1973 Act, be a financial provision order in favour of a party to the marriage or a child of the family or a property adjustment order in relation to the marriage, and
	(b) if the marriage has been dissolved or annulled, make one or more orders each of which would, within the meaning of that Part of that Act, be a pension sharing order in relation to the marriage."

5. In section 21-

(a) the word "made", in both places, is omitted, and

(b) after paragraph (b) there is inserted-

	"(ba) section 24C(5) and (6) (provisions about pension sharing orders in relation to divorce);
	(bb) section 24E(1) to (3) (provisions about pension sharing orders in relation to nullity);
	(bc) section 24F (duty to stay pension sharing orders);
	(bd) section 24G (apportionment of pension sharing charges);"

Family Law (Scotland) Act 1985 (c.37)

6. The Family Law (Scotland) Act 1985 has effect subject to the following amendments.

7. In section 8, after subsection (3) there is inserted-

	"(4) The court may not-
	(a) when making an order under subsection (1) above, make both a pension sharing order and an order under section 12A(2) or (3) of this Act in relation to the same pension arrangement; nor
	(b) make a pension sharing order in relation to the rights of a person under a pension arrangement if there is in force an order under section 12A(2) or (3) of this Act which relates to benefits or future benefits to which he is entitled under the pension arrangement."

8. After section 8 there is inserted-

"Pension sharing orders: apportionment of charges.

8A. If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the parties of any charge under section 37 of the Welfare Reform and Pensions Act 1999 (charges in respect of pension sharing costs) or under corresponding Northern Ireland legislation."

9. - (1) Section 10 is amended as follows.

(2) In subsection (5)(b), for "scheme" there is substituted "arrangement".

(3) For subsection (8) there is substituted-

	"(8) The Secretary of State may by regulations make provision-
	(a) about calculation and verification in relation to the valuation for the purposes of this Act of benefits under a pension arrangement or relevant state scheme rights;
	(b) about calculation and verification in relation to the valuation for the purposes of this Act of shareable rights under a pension arrangement or shareable state scheme rights;
	(c) imposing on the person responsible for a pension arrangement, or on the Secretary of State, requirements with respect to the supply of information for the purposes of this Act, and for the recovery of administrative expenses of providing such information from either party."

(4) After that subsection there is inserted-

	"(8A) Regulations under subsection (8)(a) above may include-
	(a) provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person; and
	(b) provision by reference to regulations under section 26 or 45(4) of the Welfare Reform and Pensions Act 1999."

(5) In subsection (9), after "subsection (8) above" there is inserted "may make different provision for different purposes and".

(6) Subsections (10) and (11) cease to have effect.

10. - (1) Section 12A is amended as follows.

(2) In subsection (1)(a), for "scheme" there is substituted "arrangement".

(3) In subsection (2), for "trustees or managers of the pension scheme" there is substituted "person responsible for the pension arrangement".

(4) In subsection (3), in paragraphs (a) and (c) for "trustees or managers of the pension scheme" there is substituted "person responsible for the pension arrangement" and in paragraph (a) for "have" there is substituted "has".

(5) In subsection (4)-

(a) for "trustees or managers" there is substituted "person responsible for the pension arrangement", and

(b) for "trustees' or managers' liability" there is substituted "liability of the person responsible for the pension arrangement".

(6) In subsection (5), for "trustees or managers" there is substituted "person responsible for the pension arrangement".

(7) In subsection (6)-

(a) for "trustees or managers of", wherever occurring, there is substituted "person responsible for",

(b) for "scheme", wherever occurring, there is substituted "arrangement", and

(8) In subsection (7)-

(a) for "trustees or managers" where first occurring there is substituted "person responsible for the pension arrangement",

(b) for "trustees or managers of" there is substituted "person responsible for", and

(9) For subsection (10) there is substituted-

"(10) The definition of "benefits under a pension scheme" in section 27 of this Act does not apply to this section."

11. In section 13(2)(b), after "property" there is inserted ", or a pension sharing order,".

Prepared 24 May 1999