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The Electricity (Northern Ireland) Order 1992

Status:

This is the original version (as it was originally made).

6.—(1) So much of Schedule 1 to the [1965 c. (N.I.)] Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 as has effect for the purpose of ascertaining whether any employment is continuous shall apply for the purposes of paragraphs 4 and 5 as if—

(a)those paragraphs were contained in that Act; and

(b)in that Schedule “associated employer”, in relation to a company participating in a relevant scheme, included any other company participating in such a scheme and any other company of which a company so participating has control, or 2 or more companies so participating together have control;

but regulations under paragraph 4 may provide that no account shall be taken for those purposes of any person ceasing to be in continuous employment for such periods and in such circumstances as may be prescribed by the regulations.

(2) For the purposes of sub-paragraph (1), a company has control, or 2 or more companies together have control, of another company (“the other company”) if—

(a)that company, or each of those companies, is a member of the other company and that company controls, or those companies together control, the composition of the other company’s board of directors;

(b)that company holds, or those companies together hold, more than half in nominal value of the other company’s equity share capital;

(c)a company of which the company has control, or those companies together have control, has control of the other company; or

(d)2 or more companies of which that company has control, or those companies together have control, together have control of the other company;

and Article 4(2) to (4) of the [1986 NI 6] Companies (Northern Ireland) Order 1986 (as originally made and not as substituted by Article 62(1) of the [1990 NI 10] Companies (No. 2) (Northern Ireland) Order 1990) shall, with any necessary modifications, apply for the purposes of this sub-paragraph as it applies for purposes of paragraph (1) of that Article.

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