PART VIIDUTIES OF EMPLOYERS IN RESPECT OF THEIR WORKFORCES

Employers in default and connected persons: restrictions on dealing with them or giving them financial assistance

Enforcement at instance of Commission and actions for breach of duty65

1

If it appears to the Commission—

a

that any public authority has taken any action in contravention of Article 64 or has, in neglecting to take any action, failed to comply with that Article and that, unless an injunction is granted, the authority is likely again to contravene or fail to comply with that Article; or

b

that any public authority proposes to take any action in contravention of that Article,

the Commission may apply to the High Court for an injunction restraining him from contravening that Article and, where sub-paragraph (a) applies, requiring him to comply with that Article.

2

Any contravention of that Article is actionable by any person who, in consequence, suffers loss or damage, but the amount recoverable in any such action shall not exceed any expenditure reasonably incurred by him before the date of the contravention in question.