Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

122.

Procedural provisions respecting pension adjustment orders.

122.— (1) A person who makes an application under section 121(2) or (5) or an application for an order under section 131(2) in relation to an order under section 121(2) shall give notice of the application to the trustees of the scheme. The court shall, in deciding whether to make the order and in determining the provisions of the order, have regard to representations made by the persons to whom notice has been given under this section or section 141 .

(2) An order referred to in subsection (1) ceases to have effect on the entry into a new civil partnership, marriage or death of the F49 [ applicant civil partner in whose favour the order was made in so far as the order relates to him or her ].

F50 [ (2A) Where the court makes an order under section 121(2) , or under section 131(3) in relation to an order under section 121(2) , for the benefit of a dependent child of the civil partners and the child dies before payment of the designated benefit has commenced, the order shall cease to have effect in so far as it relates to him or her. ]

(3) The court may, in making an order referred to in subsection (1), give to the trustees of the scheme any directions that it considers appropriate, including a direction that would require the trustees not to comply with the rules of the scheme or the Act of 1990.

(4) The registrar or clerk of the court that makes an order referred to in subsection (1) shall cause a copy of the order to be served on the trustees of the scheme.

Annotations:

Amendments:

F49

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 159(a), S.I. No. 12 of 2016.

F50

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (/2015), s. 159(b), S.I. No. 12 of 2016.