SCHEDULES

SCHEDULE 6E+W+S The Categories of Preferential Debts

Interpertation for Category 5E+W+S

14(1)This paragraph relates to a case in which a person’s employment has been terminated by or in consequence of his employer going into liquidation or being [F1adjudged] [F1made] bankrupt or (his employer being a company not in liquidation) by or in consequence of—E+W+S

(a)a receiver being appointed as mentioned in section 40 of this Act (debenture-holders secured by floating charge), or

(b)the appointment of a receiver under section 53(6) or 54(5) of this Act (Scottish company with property subject to floating charge), or

(c)the taking of possession by debenture-holders (so secured), as mentioned in [F2section 754 of the Companies Act 2006] .

(2)For the purposes of paragraphs 9 to 12, holiday remuneration is deemed to have accrued to that person in respect of any period of employment if, by virtue of his contract of employment or of any enactment that remuneration would have accrued in respect of that period if his employment had continued until he became entitled to be allowed the holiday.

(3)The reference in sub-paragraph (2) to any enactment includes an order or direction made under an enactment.

Textual Amendments

F1Word in Sch. 6 para. 14(1) substituted (E.W.) (6.4.2016) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 19 para. 64; S.I. 2016/191, art. 2 (with art. 3)