SCHEDULE

PART 13

Further amendments to the Employment Rights (Northern Ireland) Order 1996 and the Pension Schemes (Northern Ireland) Act 1993

Amendments to the Employment Rights (Northern Ireland) Order 1996257

1

The Employment Rights (Northern Ireland) Order 1996 is amended as follows.

2

In Article 201 (as amended by paragraph 255(2))—

a

in paragraph (5)—

i

in sub-paragraph (a) for “(6) or (8A)” substitute “(6), (8ZA) or (8A)”;

ii

in sub-paragraph (b) for “(7) or (8A)” substitute “(7), (8ZA) or (8A)”;

iii

in sub-paragraph (c) for “(8) or (8A)” substitute “(8), (8ZA) or (8A)”;

iv

in sub-paragraph (d) for “(8A)” substitute “(8ZA) or (8A)”;

b

after paragraph (8) insert—

8ZA

This paragraph is satisfied in the case of an employer if—

a

the employer is a legal person,

b

a request has been made for the first opening of collective proceedings—

i

based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

ii

involving the partial or total divestment of the employer’s assets and the appointment of a liquidator or a person performing a similar task, and

c

any of the following has decided to open the proceedings—

i

a court,

ii

a meeting of creditors, or

iii

the creditors by a decision procedure.

c

in paragraph (8B) for “paragraph (8A)” substitute “this Article”.

3

In Article 228 (as amended by paragraph 255(3))—

a

in paragraph (1)—

i

in sub-paragraph (a) for “(2) or (4A)” substitute “(2), (4ZA) or (4A)”;

ii

in sub-paragraph (b) for “(3) or (4A)” substitute “(3), (4ZA) or (4A)”;

iii

in sub-paragraph (c) for “(4) or (4A)” substitute “(4), (4ZA) or (4A)”;

iv

in sub-paragraph (d) for “(4A)” substitute “(4ZA) or (4A)”;

b

after paragraph (4) insert—

4ZA

This paragraph is satisfied in the case of an employer if—

a

the employer is a legal person,

b

a request has been made for the first opening of collective proceedings—

i

based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

ii

involving the partial or total divestment of the employer’s assets and the appointment of a liquidator or a person performing a similar task, and

c

any of the following has decided to open the proceedings—

i

a court,

ii

a meeting of creditors, or

iii

the creditors by a decision procedure.

c

in paragraph (4B) for “paragraph (4A)” substitute “this Article”.

Amendments to the Pension Schemes (Northern Ireland) Act 1993258

1

The Pension Schemes (Northern Ireland) Act 1993 is amended as follows.

2

In section 119 (as amended by paragraph 256(2))—

a

in subsection (1)(d) for “(1A)” substitute “(1ZA) or (1A)”;

b

after subsection (1) insert—

1ZA

This subsection is satisfied in the case of an employer if—

a

the employer is a legal person,

b

a request has been made for the first opening of collective proceedings—

i

based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

ii

involving the partial or total divestment of the employer’s assets and the appointment of a liquidator or a person performing a similar task, and

c

any of the following has decided to open the proceedings—

i

a court,

ii

a meeting of creditors, or

iii

the creditors by a decision procedure.

c

in subsection (1B) for “subsection (1A)” substitute “this section”.