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| Restrictions affecting section 24B. |
24BA. - (1) No pension sharing order may be made under section 24B above so as to take effect before the making of a divorce order in relation to the marriage.
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(2) The court may not make a pension sharing order under section 24B above at any time while the period for reflection and consideration is interrupted under section 7(8) of the 1996 Act.
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(3) No pension sharing order may be made under section 24B above by virtue of a statement of marital breakdown if, by virtue of section 5(3) or 7(9) of the 1996 Act (lapse of divorce process), it has ceased to be possible-
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(a) for an application to be made by reference to that statement; or |
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(b) for an order to be made on such an application. |
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(4) No pension sharing order may be made under section 24B above after a divorce order has been made, except-
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(a) in response to an application made before the divorce order was made; or |
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(b) on a subsequent application made with the leave of the court. |
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(5) A pension sharing order under section 24B above may not be made in relation to a pension arrangement which-
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(a) is the subject of a pension sharing order in relation to the marriage, or |
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(b) has been the subject of pension sharing between the parties to the marriage. |
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(6) A pension sharing order under section 24B above may not be made in relation to shareable state scheme rights if-
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(a) such rights are the subject of a pension sharing order in relation to the marriage, or |
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(b) such rights have been the subject of pension sharing between the parties to the marriage. |
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(7) A pension sharing order under section 24B above may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of section 25B or 25C below which relates to benefits or future benefits to which he is entitled under the pension arrangement.
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(8) In this section, "period for reflection and consideration" means the period fixed by section 7 of the 1996 Act.
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| Pension sharing orders: nullity of marriage. |
24BB. - (1) On or after granting a decree of nullity of marriage (whether before or after the decree is made absolute), the court may, on an application made under this section, make one or more pension sharing orders in relation to the marriage.
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(2) The court shall exercise its powers under this section, so far as is practicable, by making on one occasion all such provision as can be made by way of one or more pension sharing orders in relation to the marriage as it thinks fit.
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(3) Where a pension sharing order is made under this section on or after the granting of a decree of nullity of marriage, the order is not to take effect unless the decree has been made absolute.
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(4) This section is to be read subject to any restrictions imposed by this Act.
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| Restrictions affecting section 24BB. |
24BC. - (1) A pension sharing order under section 24BB above may not be made in relation to a pension arrangement which-
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(a) is the subject of a pension sharing order in relation to the marriage, or |
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(b) has been the subject of pension sharing between the parties to the marriage. |
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(2) A pension sharing order under section 24BB above may not be made in relation to shareable state scheme rights if-
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(a) such rights are the subject of a pension sharing order in relation to the marriage, or |
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(b) such rights have been the subject of pension sharing between the parties to the marriage. |
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(3) A pension sharing order under section 24BB above may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of section 25B or 25C below which relates to benefits or future benefits to which he is entitled under the pension arrangement.""
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| | 64. - (1) Schedule 8 is amended as follows.
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(2) In paragraph 9-
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(a) in sub-paragraph (2)- |
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(i) for "or 24A" there is substituted ", 24A or 24B", and
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(ii) for "to 24A" there is substituted "to 24BB", and
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(b) in sub-paragraph (3), after paragraph (a) there is inserted- |
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"(aa) for "or 24B" substitute ", 24B or 24BB";". |
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(3) In paragraph 10, in sub-paragraph (2), for "24A" there is substituted "24BB".
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(4) For paragraph 11 there is substituted-
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" 11. In each of sections 25B(3) and 25C(1) and (3), for "section 23" substitute "section 22A or 23".
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| 11A. In section 25D-
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(a) in each of subsections (1)(a), (2)(a) and (ab) and (2C)(c)(i), for "section 23" substitute "section 22A or 23", and |
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(b) in subsection (3), in the definition of "shareable state scheme rights", for "section 21A(1)" substitute "section 21(3)"." |
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(5) In paragraph 16, in sub-paragraph (2), at the end there is inserted-
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"(f) after paragraph (f) there is inserted- |
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"(fa) a pension sharing order under section 24B which is made at a time when no divorce order has been made, and no separation order is in force, in relation to the marriage;" |
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(g) in paragraph (g), for "24B" substitute "24BB"". |
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(6) In that paragraph, after sub-paragraph (3) there is inserted-
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"(3A) In subsection (4A), after "paragraph" insert "(de), (ea), (fa) or"."
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(7) In that paragraph, in sub-paragraph (4), for the words from "subsection (4)" to the end of the first of the inserted subsections there is substituted "subsection (4A) insert- ", the second of the inserted subsections is renumbered "(4AA)" and after that subsection there is inserted-
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"(4AB) No variation of a pension sharing order under section 24B above shall be made so as to take effect before the making of a divorce order in relation to the marriage."
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(8) In that paragraph, after sub-paragraph (4) there is inserted-
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"(4A) In subsection (4B), after "order" insert "under section 24BB above"."
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(9) In that paragraph, after sub-paragraph (7) there is inserted-
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"(8) After subsection (7F) insert-
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"(7FA) Section 24B(3) above applies where the court makes a pension sharing order under subsection (7B) above as it applies where the court makes such an order under section 24B above."
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(9) In subsection (7G)-
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(a) for "Subsections (3) to (5) of section 24B" substitute "Section 24BA(5) to (7)", and |
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(b) for "that section" substitute "section 24B above"." |
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(10) After that paragraph there is inserted-
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" 16A. After section 31A insert-
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| "Discharge of pension sharing orders on making of separation order. |
31B. Where, after the making of a pension sharing order under section 24B above in relation to a marriage, a separation order is made in relation to the marriage, the pension sharing order is discharged." "
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(11) In paragraph 19, in sub-paragraph (3)-
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(a) after "24A" there is inserted ", 24B", and |
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(b) after "property adjustment order," there is inserted "any pension sharing order,". |
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(12) In paragraph 21-
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(a) after "24,", in the first place, there is inserted "24B,", and |
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(b) for "24,", in the second place, there is substituted "24BB,". |
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(13) After paragraph 25 there is inserted-
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" 25A. In section 52(2)(aa), for "section 21A" substitute "section 21"."
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(14) In paragraph 32, in sub-paragraph (2), for the words from "the words" to the end there is substituted"paragraph (a) substitute-
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"(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,"". |
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(15) In that paragraph, in sub-paragraph (3), for "21(a)" there is substituted "21(1)(a)".
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(16) In that paragraph, after sub-paragraph (3) there is inserted-
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"(3A) For section 21(1)(ba) substitute-
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"(ba) sections 24BA(5) to (7) (provisions about pension sharing orders in relation to divorce); |
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(baa) section 24BC(1) to (3) (provisions about pension sharing orders in relation to nullity);" |
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(3B) In section 21(3), for "section 23" substitute "section 22A or 23"."
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