Clause 84

Pensions Bill – in a Public Bill Committee at 11:00 am on 19th February 2008.

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Activation of pension compensation sharing

Amendment made: No. 169, in clause 84, page 40, line 10, at end add—

‘(f) a pension compensation sharing order under section 8 of the Family Law (Scotland) Act 1985 (c. 37) (orders for financial provision);

(g) any provision corresponding to provision which may be made by such an order, and which—

(i) is contained in a qualifying agreement between the parties to a marriage or the partners in a civil partnership,

(ii) is in such form as the Secretary of State may prescribe by regulations, and

(iii) takes effect on the grant, in relation to the marriage, of decree of divorce or a declarator or nullity or (as the case may be) on the grant, in relation to the civil partnership, of decree of dissolution or of declarator of nullity,

except where the provision relates to the same rights to PPF compensation as are the subject of an order made under section 12B(2) of the Family Law (Scotland) Act 1985 (c. 37) (order for payment of capital sum: pension compensation).

(2) For the purposes of this Chapter, a qualifying agreement is an agreement which—

(a) has been entered into in such circumstances as the Secretary of State may prescribe by regulations, and

(b) is registered in the Books of Council and Session.’.—[Mr. Mike O'Brien.]

Clause 84, as amended, ordered to stand part of the Bill.