(1) Subject to section 190(4), the trustees of a scheme in respect of which an order has been made under section 187(2) shall, where the conditions set out in subsection (2) are present, apply, in accordance with relevant guidelines, the transfer amount calculated in accordance with those guidelines -

(a) if the trustees and the qualified cohabitant so agree, in providing a benefit for or in respect of the qualified cohabitant that is of the same actuarial value as the transfer amount, or

(b) in making a payment, at the option of the qualified cohabitant -

(i) to another occupational pension scheme whose trustees agree to accept the payment, or

(ii) to discharge another payment falling to be made by the trustees under any such other approved arrangement.

(2) The conditions referred to in subsection (1) are:

(a) the court has made an order under section 187(2) in favour of the qualified cohabitant;