I move amendment No. 45:
In page 14, subsection (2), lines 36 to 39, to delete all words from and including "and" where it secondly occurs in line 38 down to the end of the subsection and substitute ", the court shall have regard to any representations made by any person to whom notice of the application has been given under this section or section 40.".
I move amendment No. 46:
In page 14, between lines 39 and 40, to insert the following subsection:
"(3) Any costs incurred by the trustees of a pension scheme under subsection (2) or in complying with an order under subsection (1) shall be borne, as the court may determine, by either of the spouses concerned or by both of the spouses and in such proportion and manner as the court may determine.".
This amendment lines section 12 with section 11 as regards the costs incurred by the trustees of the pension scheme arising from an application for an order under the section or in complying with such an order. The effect of the amendment is that any costs incurred by trustees of a pension scheme in a case to which section 12 applies shall be borne by either or both of the spouses to the extent determined by the court.
This touches on a point raised earlier by Deputy Shatter and confirms that all the costs which arise on these earmarking procedures must come out of the pension of the applicant. No part of the cost must fall on the other pension holders who must not be at any loss as a result of the pension splitting. Deputies would agree that it would be quite unfair for any part of the costs to be transferred onto other pension holders.
I move amendment No. 47:
In page 14, subsection (3), line 41, to delete "9" and substitute "10".
