The Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations (Northern Ireland) 2005

Duty to assume responsibility for schemes

64.—(1) Article 111 (duty to assume responsibility for schemes following insolvency event) shall only have effect in relation to a non-segregated scheme in the circumstances described in regulation 61(1) and (2) and, for those purposes, shall be modified so that it shall be read as if –

(a) in its application to a non-segregated scheme to which paragraph (1) of regulation 61 applies –

(i) for paragraph (1) there were substituted the following paragraph –

“(1) This Article applies where a qualifying insolvency event has occurred in relation to more than one employer in relation to a non-segregated scheme which is, for the purposes of this Part, an eligible scheme at a time when those employers are the only employers in relation to the scheme.”, and

(ii) for paragraph (3) there were substituted the following paragraph –

“(3) For the purposes of this Article, an insolvency event (“the current event”) in relation to an employer in relation to an eligible scheme is a qualifying insolvency event if –

(a) it occurs simultaneously in relation to more than one employer at a time when those employers are the only employers in relation to the scheme,

(b) it occurs on or after the day appointed under Article 110(2), and

(c) it –

(i) is the first insolvency event to occur in relation to that employer on or after that day, or

(ii) does not occur within an assessment period (see Article 116) in relation to the scheme which began before the occurrence of the current event.”; and

(b) in its application to a non-segregated scheme to which paragraph (2) of regulation 61 applies –

(i) for paragraph (1) there were substituted the following paragraph –

“(1) This Article applies where a qualifying insolvency event has occurred in relation to one or more of the employers in relation to a non-segregated scheme which is, for the purposes of this Part, an eligible scheme at a time when an insolvency event has occurred in relation to all other employers in relation to the scheme and, where applicable, an insolvency practitioner is still required by law to be appointed to act in relation to each of those employers.”; and

(ii) for paragraph (3) there were substituted the following paragraph –

“(3) For the purposes of this Article, an insolvency event (“the current event”) in relation to an employer in relation to an eligible scheme is a qualifying insolvency event if –

(a) it occurs –

(i) simultaneously in relation to one or more of the employers at a time when that or those employers are the only employers in relation to the scheme, or

(ii) in relation to an employer at a time when an insolvency event has occurred in relation to all other employers in relation to the scheme and, where applicable, an insolvency practitioner is still required by law to be appointed to act in relation to each of those employers,

(b) it occurs on or after the day appointed under Article 110(2), and

(c) it –

(i) is the first insolvency event to occur in relation to that employer on or after that day, or

(ii) does not occur within an assessment period (see Article 116) in relation to the scheme which began before the occurrence of the current event.”.

(2) Article 112 (duty to assume responsibility for schemes following application or notification) shall be modified so that it shall be read as if, in its application to a non-segregated scheme to which –

(a) paragraph (1) of regulation 61 applies, for paragraph (1) there were substituted the following paragraph –

“(1) This Article applies where, in relation to a non-segregated scheme, the trustees or managers of the scheme –

(a) make an application under paragraph (1) of Article 113 (“an Article 113 application”) in relation to more than one employer in relation to the scheme at a time when those employers are the only employers in relation to the scheme, or

(b) receive a notification from the Board under paragraph (5)(a) of that Article (“an Article 113 notification”) in relation to more than one employer in relation to the scheme at a time when those employers are the only employers in relation to the scheme.”;

(b) paragraph (2) of regulation 61 applies, for paragraph (1) there were substituted the following paragraph –

“(1) This Article applies where, in relation to a non-segregated scheme, the trustees or managers of the scheme –

(a) make an application under paragraph (1) of Article 113 (“an Article 113 application”) in relation to one or more employers in relation to the scheme at a time when an insolvency event has occurred in relation to all other employers in relation to the scheme and, where applicable, an insolvency practitioner is still required by law to be appointed to act in relation to each of those employers, or

(b) receive a notification from the Board under paragraph (5)(a) of that Article (“an Article 113 notification”) in relation to one or more employers in relation to the scheme at a time when an insolvency event has occurred in relation to all other employers in relation to the scheme and, where applicable, an insolvency practitioner is still required by law to be appointed to act in relation to each of those employers.”.