Modifications etc. (not altering text)
C1Pt. XIV (arts. 227-235) modified (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 2(3), 8(4), Sch. 1 para. 5 (with reg. 21(1), Sch. 1 para. 3)
C2Pt. XIV (arts. 227-235) applied (6.4.2006) by Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), reg. 8(3)(4)
228.—(1) An employer has become insolvent for the purposes of this Part—
(a)where the employer is an individual, if (but only if) paragraph (2) is satisfied,F1. . .
(b)where the employer is a company, if (but only if) paragraph (3) is satisfied[F1, and]
[F1(c)where the employer is a limited liability partnership, if (but only if) paragraph (4) is satisfied.]
.
(2) This paragraph is satisfied in the case of an employer who is an individual if—
(a)he has been adjudged bankrupt or has made a composition or arrangement with his creditors, or
(b)he has died and his estate falls to be administered in accordance with an order under Article 365 of the [1989 NI 19.] Insolvency (Northern Ireland) Order 1989.
(3) This paragraph is satisfied in a case of an employer which is a company—
(a)if a winding up orderF2 or an administration order has been made, or a resolution for voluntary winding up has been passed, with respect to the company,
F3(b)if a receiver or a manager of the company's undertaking has been duly appointed, or possession has been 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
(c)if a voluntary arrangement proposed in the case of the company for the purposes of Part II of the [1989 NI 19.] Insolvency (Northern Ireland) Order 1989 has been approved under that Part.
[F1(4) This paragraph is satisfied in the case of an employer which is a limited liability partnership—
(a)if a winding-up order, an administration order or a determination for a voluntary winding-up has been made with respect to the limited liability partnership,
(b)if a receiver or a manager of the undertaking of the limited liability partnership has been duly appointed, or possession has been taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the limited liability partnership comprised in or subject to the charge, or
(c)if a voluntary arrangement proposed in the case of the limited liability partnership for the purposes of Part II of the Insolvency (Northern Ireland) Order 1989 has been approved under that Part.]
F1SR 2004/307
F2prosp. (until 27/03/06) rep. by 2005 NI 10
F3prosp. (until 27/03/06) insertion by 2005 NI 10