SCHEDULES

I1C1C2SCHEDULE 4 Priority in Bankruptcy etc

Section 128.

Annotations:
Commencement Information
I1

Schs. 1-4 in force at 7.2.1994 by S.I. 1994/86, art. 2

Modifications etc. (not altering text)
C1

Sch. 4 applied (with modifications) (21.2.2009) by Banking Act 2009 (c. 1), ss. 103, 263(1) (with s. 247); S.I. 2009/296, art. 3, Sch. para. 2

C2

Sch. 4 applied (with modifications) (21.2.2009) by Banking Act 2009 (c. 1), ss. 145, 263(1) (with s. 247); S.I. 2009/296, art. 3, Sch. para. 3

Earner’s contributions to occupational pension scheme

1

This Schedule applies to any sum owed on account of an earner’s contributions to an occupational pension scheme being contributions deducted from earnings paid in the period of four months immediately preceding the relevant date or otherwise due in respect of earnings paid or payable in that period.

Employer’s contributions to occupational pension scheme

2

1

F3This Schedule applies to any sum owed on account of an employer’s contributions to a salary related contracted-out scheme which were payable in the period of 12 months immediately preceding the relevant date.

1A

The amount of the debt having priority by virtue of sub-paragraph (1) shall be taken to be an amount equal to the appropriate amount.

F92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F103

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33A

In sub-paragraph (1A) F11... “the appropriate amount” means the aggregate of—

a

the percentage for non-contributing earners of the total reckonable earnings paid or payable, in the period of 12 months referred to in sub-paragraph (1) F12... , to or for the benefit of non-contributing earners; and

b

the percentage for contributing earners of the total reckonable earnings paid or payable, in that period, to or for the benefit of contributing earners.

4

For the purposes of F4sub-paragraph (3A)—

a

the earnings to be taken into account as reckonable earnings are those paid or payable to or for the benefit of earners in employment which is contracted-out by reference to the scheme in the whole or any part of the period of 12 months there mentioned; and

b

earners are to be identified as contributing or non-contributing in relation to service of theirs in employment which is contracted-out by reference to the scheme according to whether or not in the period in question they were liable under the terms of the scheme to contribute in respect of that service towards the provision of pensions under the scheme.

5

In this paragraph—

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “employer” shall be construed in accordance with regulations made under section 181(2); and

  • F1“the percentage for contributing earners” means F14... 3 per cent, F15...

  • F1“the percentage for non-contributing earners” means F16... 4.8 per cent, F17...

  • “reckonable earnings”, in relation to any employment, means the earner’s earnings from that employment so far as those earnings—

    1. a

      were comprised in any payment of earnings made to him or for his benefit at a time when the employment was contracted-out employment; and

    2. b

      exceeded the current lower earnings limit but not F7the upper accrual point.

F86

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

State scheme premiums

3

1

This Schedule applies to any sum owed on account of a F2contributions equivalent premium payable at any time before, or in consequence of, a person going into liquidation or being adjudged bankrupt, or in Scotland, the sequestration of a debtor’s estate, or (in the case of a company not in liquidation)—

a

the appointment of a receiver as mentioned in section 40 of the M1Insolvency Act 1986 (debenture-holders secured by floating charge), or

b

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

c

the taking of possession by debenture-holders (so secured) as mentioned in F5section 754 of the Companies Act 2006.

2

Where any such premium is payable in respect of a period of service of more than 12 months (taking into account any previous linked qualifying service), the amount to be paid in priority by virtue of this paragraph shall be limited to the amount of the premium that would have been payable if the service had been confined to the last 12 months taken into account in fixing the actual amount of the premium.

3

Where—

a

by virtue of this paragraph the whole or part of a premium is required to be paid in priority to other debts of the debtor or his estate; and

b

the person liable for the payment would be entitled to recover the whole or part of any sum paid on account of it from another person either under section 61 or under any provision made by the relevant scheme for the purposes of that section or otherwise,

then, subject to sub-paragraph (4), that other person shall be liable for any part of the premium for the time being unpaid.

4

No person shall be liable by virtue of sub-paragraph (3) for an amount in excess of the sum which might be so recovered from him if the premium had been paid in full by the person liable for it, after deducting from that sum any amount which has been or may be recovered from him in respect of any part of that payment paid otherwise than under that sub-paragraph.

5

The payment under sub-paragraph (3) of any amount in respect of a premium shall have the same effect on the rights and liabilities of the person making it (other than his liabilities under that sub-paragraph) as if it had been a payment of that amount on account of the sum recoverable from him in respect of a premium as mentioned in sub-paragraph (3)(b).

Interpretation

4

1

In this Schedule—

a

in its application in England and Wales, F6section 754(3) of the Companies Act 2006 and section 387 of the Insolvency Act 1986 apply as regards the meaning of the expression “the relevant date”; and

b

in its application in Scotland, that expression has the same meaning as inPart I of Schedule 3 to the M2Bankruptcy (Scotland) Act 1985.

2

In this Schedule references to a contracted-out scheme, contracted-out employment and a state scheme premium include references to a contracted-out scheme, contracted-out employment and a state scheme premium (other than a personal pension protected rights premium) within the meaning of any provisions in force in Northern Ireland and corresponding to the provisions of this Act.