- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Financial Assistance Scheme Regulations 2005, Section 12B.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
12B.—(1) In relation to a section of a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c)(iv) is that—
(a)the debt due under section 144 of the 1993 Act was discharged by all the employers in that section of the scheme; or
(b)no debt was due under that section of that Act when the scheme began to wind up.
(2) In relation to a multi-employer scheme which is not a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c)(iv) is that—
(a)the debt due under section 144 of the 1993 Act was discharged by all the employers to which the scheme relates; or
(b)no debt was due under that section of that Act when the scheme began to wind up.
(3) In relation to a section of a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c)(vi) is that—
(a)the debt due under section 75 of the 1995 Act was discharged by all the employers in that section of the scheme; or
(b)no debt was due under that section of that Act when the scheme began to wind up.
(4) In relation to a multi-employer scheme which is not a sectionalised multi-employer scheme, the condition to be satisfied for the purposes of regulation 9(1)(c)(vi) is that—
(a)the debt due under section 75 of the 1995 Act was discharged by all the employers to which the scheme relates; or
(b)no debt was due under that section of that Act when the scheme began to wind up.
(5) The scheme manager may treat any condition in paragraphs (1) to (4) as being satisfied where—
(a)[F2it] is satisfied that an appropriate proportion of the debt was, or is likely to be, discharged; and
(b)in [F3its] opinion, it was reasonable that the debt due under section 144 of the 1993 Act, or section 75 of the 1995 Act as appropriate, or a proportion of that debt has not been discharged.
(6) In this regulation—
(a)the references to the employer in paragraphs (1) and (3) shall be interpreted in accordance with regulation 12(3);
(b)the references to the employer in paragraphs (2) and (4) shall be interpreted in accordance with regulation 12(4); and
(c)“sectionalised multi-employer scheme” has the meaning given by regulation 12(6).]
Textual Amendments
F1Reg. 12A - Reg. 12B inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 7(4)
F2Word in reg. 12B(5)(a) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 7(1)(a) (with reg. 37)
F3Word in reg. 12B(5)(b) substituted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 7(2)(a) (with reg. 37)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: