Pension Schemes (Northern Ireland) Act 1993

Changes over time for: Section 119

Alternative versions:

Changes to legislation:

Pension Schemes (Northern Ireland) Act 1993, Section 119 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 119:

specified provision(s) amendment to savings in S.R. 2016/106 for effects of 2015 c. 5 (N.I.), Sch. 13 by S.R. 2016/162 art. 5
specified provision(s) savings for effects of 2015 c. 5 (N.I.), Sch. 13 by S.R. 2016/106 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Act power to modify conferred by S.I. 2005/255 (N.I.) art. 281(3)(a)(i)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 21A inserted by 2008 c. 1 (N.I.) Sch. 4 para. 9 (This amendment not applied to legislation.gov.uk. Sch. 4 para. 9 together with the inserted s. 21A were repealed (6.4.2012) by 2008 c. 13 (N.I.), ss. 85(2)(b), 118(1), Sch. 10 Pt. 3 (with s. 73); S.R. 2012/119, art. 2(a)(c))
s. 21A repealed by 2008 c. 13 (N.I.) s. 85(2)(b) Sch. 10 Pt. 3 (This amendment not applied to legislation.gov.uk. This amendment not applied to legislation.gov.uk. Sch. 4 para. 9 together with the inserted s. 21A were repealed (6.4.2012) by 2008 c. 13 (N.I.), ss. 85(2)(b), 118(1), Sch. 10 Pt. 3 (with s. 73); S.R. 2012/119, art. 2(a)(c))
s. 23A inserted by 2008 c. 1 (N.I.) Sch. 4 para. 10 (This amendment not applied to legislation.gov.uk. Sch. 4 para. 10 together with the inserted s. 23A were repealed (6.4.2012) by 2008 c. 13 (N.I.), ss. 85(2)(b), 118(1), Sch. 10 Pt. 3 (with s. 73); S.R. 2012/119, art. 2(a)(c))
s. 23A repealed by 2008 c. 13 (N.I.) s. 85(2)(b) Sch. 10 Pt. 3 (This amendment not applied to legislation.gov.uk. Sch. 4 para. 10 together with the inserted s. 23A were repealed (6.4.2012) by 2008 c. 13 (N.I.), ss. 85(2)(b), 118(1), Sch. 10 Pt. 3 (with s. 73); S.R. 2012/119, art. 2(a)(c))
s. 42(1A) (1B) inserted by 2008 c. 13 (N.I.) s. 82(2)
s. 42(1A) words substituted by 2012 c. 3 (N.I.) Sch. 3 para. 7
s. 42A inserted by 2008 c. 13 (N.I.) s. 82(3)
s. 42A repealed by 2015 c. 5 (N.I.) Sch. 12 para. 79
s. 42A heading words substituted by 2012 c. 3 (N.I.) Sch. 3 para. 8(b)
s. 42A(1)(c) words substituted by 2012 c. 3 (N.I.) Sch. 3 para. 8(a)
s. 67(1A) inserted by 2016 c. 1 (N.I.) s. 39(2)(b)
s. 78A inserted by 2016 c. 1 (N.I.) Sch. 1 para. 2
s. 79(1A)-(1AC) substituted for s. 79(1A) by 2016 c. 1 (N.I.) Sch. 1 para. 3
s. 80-80F substituted for s. 80 by 2016 c. 1 (N.I.) Sch. 1 para. 4
s. 81A inserted by 2016 c. 1 (N.I.) Sch. 1 para. 5
s. 82A 82B inserted by 2016 c. 1 (N.I.) Sch. 1 para. 6
s. 90(2A)(a)(viii) inserted by 2015 c. 5 (N.I.) Sch. 17 para. 19(2)(a) (This amendment not applied to legislation.gov.uk. S. 90 already substituted (3.3.2015 for specified purposes, 6.4.2015 in so far as not already in force) by Pension Schemes Act 2015 (c. 8), s. 89(1)(b)(3)(b), Sch. 4 para. 54 (with s. 87))
s. 90(2A)(a)(ix) inserted by 2015 c. 5 (N.I.) Sch. 18 para. 9(2)(a) (This amendment not applied to legislation.gov.uk. S. 90 already substituted (3.3.2015 for specified purposes, 6.4.2015 in so far as not already in force) by Pension Schemes Act 2015 (c. 8), s. 89(1)(b)(3)(b), Sch. 4 para. 54 (with s. 87))
s. 90(2A)(b)(vi) inserted by 2015 c. 5 (N.I.) Sch. 17 para. 19(2)(b) (This amendment not applied to legislation.gov.uk. S. 90 already substituted (3.3.2015 for specified purposes, 6.4.2015 in so far as not already in force) by Pension Schemes Act 2015 (c. 8), s. 89(1)(b)(3)(b), Sch. 4 para. 54 (with s. 87))
s. 90(2A)(b)(vii) inserted by 2015 c. 5 (N.I.) Sch. 18 para. 9(2)(b) (This amendment not applied to legislation.gov.uk. S. 90 already substituted (3.3.2015 for specified purposes, 6.4.2015 in so far as not already in force) by Pension Schemes Act 2015 (c. 8), s. 89(1)(b)(3)(b), Sch. 4 para. 54 (with s. 87))
s. 97AI(7)(a)(x) inserted by 2015 c. 5 (N.I.) Sch. 17 para. 19(4)(a)
s. 97AI(7)(b)(viii) inserted by 2015 c. 5 (N.I.) Sch. 17 para. 19(4)(b)
s. 109(4)(4A) substituted for s. 109(4) by 2016 c. 1 (N.I.) s. 38(5)
s. 141(4)(5) added by S.I. 2005/255 (N.I.) art. 251
s. 142(6A) inserted by S.I. 2005/255 (N.I.) Sch. 10 para. 19(b)
s. 170A inserted by 2008 c. 13 (N.I.) Sch. 9 para. 1
s. 172(2)(b)(ii)-(ix) substituted for s. 172(2)(b)(ii) by 2008 c. 1 (N.I.) Sch. 4 para. 33 (This amendment not applied to legislation.gov.uk. Sch. 4 para. 33 repealed immediately before the "abolition date" (see 2008 c. 1 (N.I.), s. 13) by S.R. 2012/124, art. 7(2))
Sch. 2 para. A1 inserted by 2016 c. 1 (N.I.) Sch. 1 para. 8
Sch. 2 para. 3A omitted by 2016 c. 1 (N.I.) Sch. 1 para. 9

119 Interpretation of Chapter II.N.I.

(1)For the purposes of this Chapter, an employer shall be taken to be insolvent if, but only if, in Northern Ireland—

(a)he has been adjudged bankrupt or has made a composition or arrangement with his creditors;

(b)he has died and his estate falls to be administered in accordance with an order under Article 365 of the Insolvency (Northern Ireland) Order 1989; F1...

(c)where the employer is a company—

(i)a winding-up order F2... is made or a resolution for voluntary winding up is passed with respect to it [F3 or the company enters administration],

(ii)a receiver or manager of its undertaking is duly appointed,

(iii)possession is taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company comprised in or subject to the charge, or

(iv)a voluntary arrangement proposed for the purpose of Part II of the M1Insolvency (Northern Ireland) Order 1989 is approved under that Part [F4; or

(d)subsection [F5(1ZA) or (1A)] is satisfied].

[F6(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.]

[F7(1A)This subsection is satisfied if—

(a)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 laws, regulations and administrative provisions of a member State; 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

(b)the competent authority has—

(i)decided to open the proceedings; or

(ii)established that the employer’s undertaking or business has been definitively closed down and the available assets of the employer are insufficient to warrant the opening of the proceedings.

(1B)For the purposes of [F8this section]—

(a)“liquidator or person performing a similar task” includes the official receiver or an administrator, trustee in bankruptcy, judicial factor, supervisor of a voluntary arrangement, or person performing a similar task;

(b)“competent authority” includes—

(i)a court,

(ii)a meeting of creditors,

(iii)a creditors’ committee,

(iv)the creditors by a decision procedure, and

(v)an authority of a member State empowered to open insolvency proceedings, to confirm the opening of such proceedings or to take decisions in the course of such proceedings.

(1C)An application under section 120 may only be made in respect of a worker who worked or habitually worked in Northern Ireland in that employment to which the application relates.]

(2)In this Chapter—

[F9“employer”, “employment”, “worker” and “worker's contract” and other expressions which are defined in the Employment Rights (Northern Ireland) Order 1996 have the same meaning as in that Order (see further subsections (2A) and (2B));]
“holiday pay” means—
(a)
pay in respect of a holiday actually taken; or
(b)
any accrued holiday pay which under [F10the worker's contract] would in the ordinary course have become payable to him in respect of the period of a holiday if his employment with the employer had continued until he became entitled to a holiday;
F11...

[F12(2A)Section 71 of the Pensions (No. 2) Act (Northern Ireland) 2008 (agency workers) applies for the purposes of this Chapter as it applies for the purposes of Part 1 of that Act.

(2B)References in this Chapter to a worker include references to an individual to whom Part 1 of the Pensions (No. 2) Act (Northern Ireland) 2008 applies as if the individual were a worker because of regulations made under section 77 of that Act; and related expressions are to be read accordingly.]

F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any reference in this Chapter to the resources of a scheme is a reference to the funds out of which the benefits provided by the scheme are from time to time payable.

Textual Amendments

F1Word in s. 119(1)(b) omitted (31.1.2019) by virtue of The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(2), Sch. para. 256(2)(a)(i) (with regs. 4, 5)

F2Words in s. 119(1)(c)(i) repealed (27.3.2006) by The Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455), art. 1(3), Sch. 2 para. 53(a), Sch. 9; S.R. 2006/21, art. 2 (subject to S.R. 2006/22, arts. 2-7)

F3Words in s. 119(1)(c)(i) added (27.3.2006) by The Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455), art. 1(3), Sch. 2 para. 53(b); S.R. 2006/21, art. 2 (subject to S.R. 2006/22, arts. 2-7)

F4S. 119(1)(d) and word inserted (31.1.2019) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(2), Sch. para. 256(2)(a)(ii) (with regs. 4, 5)

F5Words in s. 119(1)(d) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 258(2)(a) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

F6S. 119(1ZA) inserted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 258(2)(b) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

F7S. 119(1A)-(1C) inserted (31.1.2019) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(2), Sch. para. 256(2)(b) (with regs. 4, 5)

F8Words in s. 119(1B) substituted (31.12.2020) by The Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146), reg. 1(3), Sch. para. 258(2)(c) (with regs. 4, 5); 2020 c. 1, Sch. 5 para. 1(1)

F9Words in s. 119(2) substituted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), ss. 41(2)(a), 53(1); S.R. 2015/307, art. 2(1)(f)

F10Words in s. 119(2)(b) substituted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), ss. 41(2)(b), 53(1); S.R. 2015/307, art. 2(1)(f)

F11Words in s. 119(2) repealed (22.9.2005) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), art. 1(2), Sch. 10 para. 15(a), Sch. 11; S.R. 2005/411, art. 2(3)