SCHEDULE

PART 11Amendments to the Employment Rights Act 1996 and the Pension Schemes Act 1993

Amendments to the Employment Rights Act 1996I1253

1

The Employment Rights Act 1996 M1 is amended as follows.

2

In section 166 M2—

a

in subsection (5)—

i

in paragraph (a) for “(6) or (8A)” substitute “ (6), (8ZA) or (8A) ”;

ii

in paragraph (b) for “(7) or (8A)”substitute “ (7), (8ZA) or (8A) ”;

iii

in paragraph (c) for “(8) or (8A)” substitute “ (8), (8ZA) or (8A) ”;

iv

in paragraph (d) for “(8A)” substitute “ (8ZA) or (8A) ”;

b

after subsection (8) insert—

8ZA

This subsection is satisfied in the case of an employer if—

a

the employer is a legal person,

b

a request has been made for the first opening of collective proceedings—

i

based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

ii

involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

c

any of the following has decided to open the proceedings—

i

a court,

ii

a meeting of creditors, or

iii

the creditors by a decision procedure.

c

in subsection (8B) for “subsection (8A)” substitute “ this section ”.

3

In section 183 M3—

a

in subsection (1)—

i

in paragraph (a) for “(2) or (4A)” substitute “ (2), (4ZA) or (4A) ”;

ii

in paragraph (b) for “(3) or (4A)” substitute “ (3), (4ZA) or (4A) ”;

iii

in paragraph (c) for “(4) or (4A)” substitute “ (4), (4ZA) or (4A) ”;

iv

in paragraph (d) for “(4A)” substitute “ (4ZA) or (4A) ”;

b

after subsection (4) insert—

4ZA

This subsection is satisfied in the case of an employer if—

a

the employer is a legal person,

b

a request has been made for the first opening of collective proceedings—

i

based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

ii

involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

c

any of the following has decided to open the proceedings—

i

a court,

ii

a meeting of creditors, or

iii

the creditors by a decision procedure.

c

in subsection (4B) for “subsection (4A)” substitute “ this section ”.

Amendments to the Pension Schemes Act 1993I2254

1

The Pension Schemes Act 1993 M4 is amended as follows—

2

In section 123 M5—

a

for subsection (1)(d) substitute—

d

subsection (2A) or (2ZA) is satisfied.

b

after subsection (2) insert—

2ZA

This subsection is satisfied in the case of an employer if—

a

the employer is a legal person,

b

a request has been made for the first opening of collective proceedings—

i

based on the insolvency of the employer, as provided for under the law of any part of the United Kingdom, and

ii

involving the partial or total divestment of the employer's assets and the appointment of a liquidator or a person performing a similar task, and

c

any of the following has decided to open the proceedings—

i

a court,

ii

a meeting of creditors, or

iii

the creditors by a decision procedure.

c

in subsection (2B) for “subsection (2A)” substitute “ this section ”.