9After section 40A (appeals relating to pension sharing orders which have taken effect) insert—
(1)This section applies where an appeal against a pension compensation sharing order is begun on or after the day on which the order takes effect.
(2)If the Board of the Pension Protection Fund has acted to its detriment in reliance on the taking effect of the order the appeal court—
(a)may not set aside or vary the order;
(b)may make such further orders (including a pension compensation sharing order) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.
(3)In determining for the purposes of subsection (2) whether the Board has acted to its detriment the appeal court may disregard any detriment which in the court’s opinion is insignificant.
(4)Section 24F (duty to stay) only applies to a pension compensation sharing order under this section if the decision of the appeal court can itself be the subject of an appeal.”