The Insolvency (Amendment) (EU Exit) Regulations 2019 No. 146

SCHEDULE U.K.

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

Amendments to the Employment Rights Act 1996 U.K.

253.—(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 ”.

Commencement Information

I1 Sch. para. 253 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M1 1996 c. 18.

M2 Section 166 was amended by S.I. 2001/1090; S.I. 2012/3014 and S.I. 2017/1205.

M3 Section 183 was amended by S.I. 2001/1090; S.I. 2012/3014 and S.I. 2017/1205.

Amendments to the Pension Schemes Act 1993 U.K.

254.—(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 ”.

Commencement Information

I2 Sch. para. 254 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M4 1993 c. 48.

M5 Section 123 was amended by S.I. 2017/1205.