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The Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006

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Employers' liability compulsory insurance

17.—(1) Paragraph (2) applies where—

(a)by virtue of Article 7(a), 7(aa) or 7(b) of the Employers' Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972(1) (“the 1972 Order”), the transferor is not required by that Order to effect any insurance; or

(b)by virtue of Article 7(c) of the 1972 Order, the transferor is exempted from the requirement of that Act to effect insurance.

(2) Where this paragraph applies, on completion of a service provision change the transferor and the transferee shall be jointly and severally liable in respect of any liability referred to in Article 5(1) of the 1972 Order, in so far as such liability relates to the employee’s employment with the transferor.

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