C1C2 PART XIVINSOLVENCY OF EMPLOYERS

Annotations:

Role of relevant officer232

1

Where a relevant officer has been, or is required to be, appointed in connection with an employer's insolvency, the Department shall not make a payment under Article 227 in respect of a debt until it has received a statement from the relevant officer of the amount of that debt which appears to have been owed to the employee on the appropriate date and to remain unpaid.

2

If the Department is satisfied that it does not require a statement under paragraph (1) in order to determine the amount of a debt which was owed to the employee on the appropriate date and remains unpaid, it may make a payment under Article 227 in respect of the debt without having received such a statement.

3

A relevant officer shall, on request by the Department, provide it with a statement for the purposes of paragraph (1) as soon as is reasonably practicable.

4

The following are relevant officers for the purposes of this Article—

a

a trustee in bankruptcy,

b

a liquidator,

c

an administrator,

d

a receiver or manager,

e

a trustee under a composition or arrangement between employer and his creditors, and

f

a trustee under a trust deed for his creditors executed by employer.

5

In paragraph (4)(e) “trustee” includes the supervisor of a voluntary arrangement proposed for the purposes of, and approved under, Part II or VIII of the [1989 NI 19.] Insolvency (Northern Ireland) Order 1989.