Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010


Procedural provisions respecting pension adjustment orders.

188.— (1) A person who makes an application under section 187(2) or (5) 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.

(2) An order referred to in subsection (1) ceases to have effect on the entry into a civil partnership, marriage or death of the person in whose favour the order was made.

(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) Notwithstanding subsection (3), a direction given under that subsection shall not permit a payment under section 187(5) unless the scheme concerned expressly provides for payments of contingent benefits to cohabitants.

(5) 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.