Section 40B — Pensions Act 2008: Appeals relating to pension compensation sharing orders which have taken effect

Appeals relating to pension compensation sharing orders which have taken effect 40B 1 This section applies where an appeal against a pension compensation sharing order is begun on or after the day on which the order takes effect.

2 If the Board of the Pension Protection Fund has acted to its detriment in reliance on the taking effect of the order the appeal court—

a may not set aside or vary the order;

b may make such further orders (including a pension compensation sharing order) as it thinks fit for the purpose of putting the parties in the position it considers appropriate.

3 In determining for the purposes of subsection (2) whether the Board has acted to its detriment the appeal court may disregard any detriment which in the court's opinion is insignificant.

4 Section 24F (duty to stay) only applies to a pension compensation sharing order under this section if the decision of the appeal court can itself be the subject of an appeal.