Part VII Insolvency of Employers

Chapter II Payment by the Department of Unpaid Scheme Contributions

C1119 Interpretation of Chapter II.

1

For the purposes of this Chapter, an employer shall be taken to be insolvent if, but only if, in Northern Ireland—

a

he has been adjudged bankrupt or has made a composition or arrangement with his creditors;

b

he has died and his estate falls to be administered in accordance with an order under Article 365 of the Insolvency (Northern Ireland) Order 1989; or

c

where the employer is a company—

i

a winding-up order F4... is made or a resolution for voluntary winding up is passed with respect to it F5 or the company enters administration,

ii

a receiver or manager of its undertaking is duly appointed,

iii

possession is 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

iv

a voluntary arrangement proposed for the purpose of Part II of the M1Insolvency (Northern Ireland) Order 1989 is approved under that Part.

2

In this Chapter—

  • contract of employment”, “employee” and “employer” and other expressions which are defined in the F1Employment Rights (Northern Ireland) Order 1996 have the same meaning as in that Order;

  • holiday pay” means—

    1. a

      pay in respect of a holiday actually taken; or

    2. b

      any accrued holiday pay which under the employee’s contract of employment would in the ordinary course have become payable to him in respect of the period of a holiday if his employment with the employer had continued until he became entitled to a holiday;

  • F2...

F33

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

4

Any reference in this Chapter to the resources of a scheme is a reference to the funds out of which the benefits provided by the scheme are from time to time payable.