b

condition A or B is met.

3A

Condition A is met if—

a

there is at that time a person who falls within Article 39(6)(b) or (c), and

b

the value at that time of that person’s resources is not less than the relevant deficit, that is to say the amount which is the difference between—

i

the value of the resources of the employer, and

ii

the amount which is the prescribed percentage of the estimated Article 75 debt.

3B

Condition B is met if—

a

there are at that time two or more persons who—

i

fall within Article 39(6)(b) or (c), and

ii

are connected with, or associates of, each other, and

b

the aggregate value at that time of the resources of the persons who fall within sub-paragraph (a) (or any of them) is not less than the relevant deficit.