Commentary on Sections Schedule 5 – Financial relief in the High Court or a county court etc. Part 7 – Pension Protection Fund compensation etc.
567.This Part contains provisions concerning Pension Protection Fund compensation, which apply where financial relief has been applied for or granted in accordance with the Schedule. It provides that:
	when the court is deciding what orders to make in relation to financial provision following a dissolution, nullity or separation order, it is to take into account any compensation from the Pension Protection Fund (PPF) to which a civil partner is or might be entitled;
	the PPF Board is to implement pension sharing orders made before the Board took over responsibility for the pension scheme, including those orders made during the Assessment period (when the pension scheme is being considered for being taken over by PPF);
	the PPF will implement attachment orders made before the PPF took over responsibility for the scheme including those made during the Assessment period, when the pension scheme is being considered for being taken over by the PPF;
	where the court makes a pension sharing order or a pension attachment order and the PPF Board subsequently assumes responsibility for the scheme, that does not affect the powers of the court to vary or discharge the order or to suspend or revive any provision of it. Also, the assumption of responsibility by the PPF Board does not affect, on appeal, the powers of the appeal court to affirm, reinstate, set aside or vary the order;
	where an order under Part 1 of the Schedule includes a provision requiring the civil partner with pension rights to exercise his right of commutation under an occupational pension scheme to any extent and the PPF Board has assumed responsibility for the scheme before the requirement is complied with, then the order has effect with modifications as may be prescribed by regulations;
	it is to be possible for provision to be made in the future for the court to make an order relating to death benefits during the Assessment period which is conditional on the scheme coming out of the Assessment period and the PPF Board not taking over responsibility for it;
	regulations may make such consequential modifications of any provision of Schedule 5 (or of any provision made by virtue of Schedule 5) as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of Part 7;
The court does not have power to make an attachment order or pension sharing order against the PPF.