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The Pension Sharing (Implementation and Discharge of Liability) Regulations 2000

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This is the original version (as it was originally made).

Postponement or cessation of implementation period when an application is made for leave to appeal out of time

4.—(1) The modifications to the operation of section 34 of the 1999 Act (“implementation period”) where the pension credit depends on a pension sharing order and the order is the subject of an application for leave to appeal out of time are—

(a)where the implementation period has not commenced, its commencement shall be postponed; or

(b)where the implementation period has commenced, its operation shall cease and it shall not commence afresh until the person responsible for the pension arrangement has received the documents referred to in paragraph (2).

(2) The postponement or cessation referred to in paragraph (1)(a) or (b) shall continue until the person responsible for the pension arrangement is in receipt of—

(a)confirmation from the court that the order which was the subject of the application for leave to appeal out of time has not been varied or discharged; or

(b)a copy of the varied pension sharing order.

(3) Where the person responsible for the pension arrangement has discharged his liability in respect of the pension credit which depends on a pension sharing order and that person subsequently receives notification of an application for leave to appeal out of time in respect of that order, he shall inform the court within 21 days from the date on which he received the notification that liability in respect of that pension credit has been discharged.

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