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The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990

Status:

This is the original version (as it was originally made).

Insolvency

Quantification of amounts for purposes of insolvency payments

16.—(1) Articles 42 and 43 of the Industrial Relations (Northern Ireland) Order 1976(1) (payments by the Department on insolvency of employer) shall be amended as follows.

(2) In Article 42 (payment to employee of certain unpaid debts of employer), the following paragraph shall be substituted for paragraph (9)—

(9) If the Department is satisfied that it does not require such a statement in order to determine the amount of the debt that was owed to the employee on the relevant date and remains unpaid, it may make a payment under this Article in respect of the debt without having received such a statement..

(3) In Article 43 (payment of unpaid contributions to occupational or personal pension scheme), the following paragraph shall be substituted for paragraph (9)—

(9) If the Department is satisfied—

(a)that it does not require a statement under paragraph (7) in order to determine the amount of relevant contributions that was unpaid on the date on which the employer became insolvent and remains unpaid; or

(b)that it does not require a certificate under paragraph (8) in order to determine the amounts payable, paid or deducted as mentioned in paragraphs (3)(a) and (c) and (5),

it may make a payment under this Article in respect of the contributions in question without having received such a statement or (as the case may be) such a certificate..

Recovery of insolvency payments made in respect of preferential debts

17.—(1) In Article 45 of the Industrial Relations (Northern Ireland) Order 1976 (transfer of rights and remedies relating to debt in respect of which payment made by the Department on insolvency of employer), the following paragraphs shall be substituted for paragraph (2)—

(2) Where a debt or any part of a debt in respect of which the Department has made a payment in pursuance of Article 42 constitutes a preferential debt within the meaning of the Insolvency (Northern Ireland) Order 1989(2) for the purposes of any provision of that Order (including any such provision as applied by any order made under that Order) or any provision of the Companies (Northern Ireland) Order 1986(3) then, without prejudice to the generality of paragraph (1), there shall be included among the rights and remedies which become rights and remedies of the Department in accordance with that paragraph any right arising under any such provision by reason of the status of the debt or that part of it as a preferential debt.

(2A) In computing for the purposes of any provision mentioned in paragraph (2) the aggregate amount payable in priority to other creditors of the employer in respect of—

(a)any claim of the Department to be so paid by virtue of paragraph (2); and

(b)any claim by the employee to be so paid made in his own right,

any claim falling within sub-paragraph (a) shall be treated as if it were a claim of the employee; but the Department shall be entitled, as against the employee, to be so paid in respect of any such claim of the Department (up to the full amount of the claim) before any payment is made to the employee in respect of any claim falling within sub-paragraph (b)..

(2) The following paragraphs shall be inserted after paragraph (3) of that Article—

(3A) Where the Department makes any such payment as is mentioned in paragraph (3) and the sum (or any part of the sum) falling to be paid by the employer on account of the contributions in respect of which the payment is made constitutes a preferential debt within the meaning of the Insolvency (Northern Ireland) Order 1989(4) for the purposes of any provision mentioned in paragraph (2) then, without prejudice to the generality of paragraph (3), there shall be included among the rights and remedies which become rights and remedies of the Department in accordance with that paragraph any right arising under any such provision by reason of the status of that sum (or that part of it) as a preferential debt.

(3B) In computing for the purposes of any provision referred to in paragraph (3A) the aggregate amount payable in priority to other creditors of the employer in respect of—

(a)any claim of the Department to be so paid by virtue of paragraph (3A); and

(b)any claim by the persons competent to act in respect of the scheme,

any claim falling within sub-paragraph (a) shall be treated as if it were a claim of those persons; but the Department shall be entitled, as against those persons, to be so paid in respect of any such claim of the Department (up to the full amount of the claim) before any payment is made to them in respect of any claim falling within sub-paragraph (b).

(3C) Until the coming into operation of Article 346 of, and Schedule 4 to, the Insolvency (Northern Ireland) Order 1989 this Article shall have effect with the substitution of

  • “(a)

    Article 19 of the Bankruptcy Amendment (Northern Ireland) Order 1980(5); or

    (b)

    Article 570 of, and Schedule 18 to, the Companies (Northern Ireland) Order 1986(6),

in—

(a)paragraph (2) for the words from “the Insolvency (Northern Ireland) Order 1989 [1989 NI 19]” to “1986”; and

(b)paragraph (3A) for the words from “the Insolvency (Northern Ireland) Order 1989” to “paragraph (2)”..

Orders

18.—(1) The Department shall consult the Equal Opportunities Commission for Northern Ireland before making—

(a)an order under Article 4 which makes any amendment or repeal of any provision of an enactment; or

(b)an order under Article 8.

(2) An order of one of the following descriptions, namely—

(a)such an order under Article 4 as is mentioned in paragraph (1)(a); or

(b)an order under Article 8(1)(a) which preserves the effect of any provision of an enactment,

shall not be made unless a draft of it has been laid before and approved by a resolution of the Assembly.

(3) Any order under this Order other than—

(a)an order under Article 1(3); or

(b)an order to which paragraph (2) applies,

shall be subject to negative resolution.

(4) An order under this Order may contain such consequential or transitional provisions or savings as appear to the Department to be necessary or expedient.

Minor and consequential amendments, repeals, etc.

19.—(1) The enactments mentioned in Schedule 4 shall have effect subject to the minor and consequential amendments specified in that Schedule.

(2) The enactments mentioned in Schedule 5 are hereby repealed to the extent specified in the third column of that Schedule.

(3) The instruments mentioned in Schedule 6 are hereby revoked to the extent specified in the third column of that Schedule.

(4) The transitional provisions and savings contained in Schedule 7 shall have effect.

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