The Pensions (1995 Order) (Commencement No. 3) Order (Northern Ireland) 1996

Made: 16th July 1996

In exercise of the powers conferred upon me by Article 1(4) and 166(3) of the Pensions (Northern Ireland) Order 1995[^f00001], I hereby make the following Order:—

Citation and interpretation

1

This Order may be cited as the Pensions (1995 Order) (Commencement No. 3) Order (Northern Ireland) 1996.

2

In this Order—

• (a) “the 1978 Order” means the Matrimonial Causes (Northern Ireland) Order 1978[^f00002];

• (b) “the 1995 Order” means the Pensions (Northern Ireland) Order 1995; and

• (c) all words and phrases defined in Article 27D(3) and (4) of the 1978 Order have the meanings assigned by that Article.

Appointed day

3

• (1) Subject to Articles 4 and 5, Article 162 of the 1995 Order shall come into operation on the following dates:—

• (a) in relation to the amendment to the 1978 Order consisting of the insertion of Articles 27D(2), (3) and (4), for the purpose only of authorising the making of regulations, the day following the day on which this Order was made;

• (b) for all other purposes, 1st August 1996.

• (2) The repeal, in Part IV of Schedule 5 to the 1995 Order, in relation to Article 27(2)(h) of the 1978 Order shall come into operation on 1st August 1996.

4

• (1) Subject to paragraph (2), Articles 27B and 27C of the 1978 Order shall have effect in relation to applications for an order under Article 25 of that Order—

• (a) which are made on or after 1st August 1996, or

• (b) which are made before that date and amended on or after that date so as to include provision under Article 27B or 27C.

• (2) Where a petition for divorce, nullity of marriage or judicial separation was presented before 1st July 1996 the 1978 Order shall have effect in relation to those proceedings, including any answer or cross petition filed in these proceedings, as if Article 162 of the 1995 Order had not come into operation.

5

No order under Article 25 of the 1978 Order shall be made requiring the trustees or managers of a pension scheme to make periodical payments to the party without pension rights with effect from a date earlier than .6th April 1997

Signed

Mackay of Clashfern, C. — Dated 16th July 1996.

Explanatory note

(This note is not part of the Order.)

This Order brings Article 162 of the Pensions (Northern Ireland) Order 1995 into operation on 1st August 1996, with the following exceptions:

• (a) the inserted Article 27D(2) to (4) of the Matrimonial Causes (Northern Ireland) Order 1978, empowering the Lord Chancellor to make regulations, comes into operation on the day after the making of this Order;

• (b) periodical payments made by a pension fund to a party without pension rights may not be ordered so as to commence before 6th April 1997;

• (c) the inserted Articles 27B and 27C of the Matrimonial Causes (Northern Ireland) Order 1978 do not apply to proceedings commenced by petition before 1st July 1996.

Footnotes

[^f00001]: S.I. 1995/3213 (N.I. 22)

[^f00002]: S.I. 1978/1045 (N.I. 15)