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SCHEDULES

SCHEDULE 9AMENDMENTS

PART IIOTHER AMENDMENTS

(3) ORDERS IN COUNCIL

The Industrial Relations (Northern Ireland) Order 1976 (NI 16)

88.  In Article 42 (employee’s rights on the insolvency of his employer)—

(a)in paragraph (6)—

(i)for “section 250 of the Irish Bankrupt and Insolvent Act 1857 (preferential claims of apprentices)” substitute “Article 319 of the Insolvency (Northern Ireland) Order 1989”;

(ii)for the words from “that section” onwards substitute “that Article as applied to the winding up of a company by rules under Article 359 of that Order”;

(b)in paragraph (7)—

(i)for “the Official Assignee, a liquidator” substitute “a liquidator, an administrator,”;

(ii)at the end add—

and in this paragraph “trustee” in relation to a composition or arrangement, includes the supervisor of a voluntary arrangement proposed for the purposes of, and approved under, Part II or Chapter II of Part VIII of the Insolvency (Northern Ireland) Order 1989.

89.  In Article 43(6) (payment of unpaid contributions to occupational pension schemes)—

(a)for “the Official Assignee, a liquidator” substitute “a liquidator, an administrator,”;

(b)at the end add—

and in this paragraph “trustee” in relation to a composition or arrangement, includes the supervisor of a voluntary arrangement proposed for the purposes of, and approved under Part II or Chapter II of Part VIII of the Insolvency (Northern Ireland) Order 1989.

90.  In Article 47(1) (interpretation of Articles 42 to 46)—

(a)for sub-paragraphs (a) and (b) substitute—

(a)he has been adjudged bankrupt or has made a composition or arrangement with his creditors;

(b)he has died and his estate falls to be administered in accordance with an order under Article 365 of the Insolvency (Northern Ireland) Order 1989; or;

(b)in sub-paragraph (c)—

(i)after “winding-up order” insert “or an administration order”;

(ii)at the end add “or a voluntary arrangement proposed for the purposes of Part II of the Insolvency (Northern Ireland) Order 1989 is approved under that Part”.