Civil Partnership Act 2004

Variation etc. of property adjustment [F1 , pension sharing and pension compensation sharing orders] E+W

Textual Amendments

F1 Words in cross-heading before Sch. 5 para. 56 substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(6); S.I. 2011/664, art. 2(3), Sch. Pt. 2

56 E+W 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—

(a) for the rescission of the separation order by reference to which the property adjustment order was made, or

(b) for a dissolution order in relation to the civil partnership.

57 (1) In relation to a pension sharing order [F2 or pension compensation sharing order] which is made at a time before the dissolution or nullity order has been made final— E+W

(a) the powers conferred by this Part (by virtue of paragraph 50(1)(i)) may be exercised—

(i) only on an application made before the pension sharing order [F3 or pension compensation sharing order] has or, but for paragraph (b), would have taken effect, and

(ii) only if, at the time when the application is made, the dissolution or nullity order has not been made final, and

(b) an application made in accordance with paragraph (a) prevents the pension sharing order [F4 or pension compensation sharing order] from taking effect before the application has been dealt with.

(2) No variation of a pension sharing order [F5 or pension compensation 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 [F6 or pension compensation 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 instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F2 Words in Sch. 5 para. 57(1) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(a); S.I. 2011/664, art. 2(3), Sch. Pt. 2

F3 Words in Sch. 5 para. 57(1)(a)(i) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(b); S.I. 2011/664, art. 2(3), Sch. Pt. 2

F4 Words in Sch. 5 para. 57(1)(b) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(c); S.I. 2011/664, art. 2(3), Sch. Pt. 2

F5 Words in Sch. 5 para. 57(2) inserted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(d); S.I. 2011/664, art. 2(3), Sch. Pt. 2

F6 Words in Sch. 5 para. 57(3) inserted (6.3.2011 for specified purposes otherwise 6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(7)(e); S.I. 2011/664, art. 2(2)(3), Sch.

Commencement Information

I1 Sch. 5 para. 57 wholly in force at 5.12.2005; Sch. 5 para. 57 not in force at Royal Assent see s. 263; Sch. 5 para. 57(3)(4) in force for certain purposes at 15.4.2005 by S.I. 2005/1112, art. 2, Sch. 1 and Sch. 5 para. 57 in force otherwise at 5.12.2005 by S.I. 2005/3175, art. 2(1), Sch. 1

58 (1) Sub-paragraphs (2) and (3)— E+W

(a) are subject to paragraphs 53 and 54, and

(b) do not affect any power exercisable by virtue of paragraph 50(e), (f), (g) or (i) or otherwise than by virtue of this Part.

(2) No property adjustment order [F7 , pension sharing order or pension compensation 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.

(3) 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 9).

Textual Amendments

F7 Words in Sch. 5 para. 58(2) substituted (6.4.2011) by Pensions Act 2008 (c. 30), ss. 120, 149, Sch. 6 para. 18(8); S.I. 2011/664, art. 2(3), Sch. Pt. 2