SCHEDULES
SCHEDULE 5F8Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973
Part 11Variation, discharge etc. of certain orders for financial relief
Variation etc. of property adjustment F7, pension sharing and pension compensation sharing orders
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
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.
I157
1
In relation to a pension sharing order F1or pension compensation sharing order which is made at a time before the dissolution or nullity order has been made final—
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 F2or 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 F3or pension compensation sharing order from taking effect before the application has been dealt with.
2
No variation of a pension sharing order F4or 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 F5or 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.
58
1
Sub-paragraphs (2) and (3)—
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 F6, 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).
Sch. 5 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 177; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)