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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 47



47.(1) For the purposes of Articles 42 to 46 an employer shall be taken to be
insolvent if, but only if, in Northern Ireland,

(a)he becomes bankrupt or makes a composition or arrangement with his
creditors;

(b)he has died and an order is made under section 21 of the Bankruptcy
Amendment Act (Northern Ireland) 1929 for the administration of his estate
according to the law of bankruptcy, or by virtue of an order of the court his
estate is being administered in accordance with rules set out in Part I of
Schedule 1 to the Administration of Estates Act (Northern Ireland) 1955; or

(c)where the employer is a company, a winding up order is made or a resolution
for voluntary winding up is passed with respect to it, or a receiver or
manager of its undertaking is duly appointed, or 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.

(2) In Articles 42 to 46

"holiday pay" means

(a)pay in respect of a holiday actually taken; or

(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;

"occupational pension scheme" means any scheme or arrangement which provides
or is capable of providing, in relation to employees in any description of
employment, benefits (in the form of pensions or otherwise) payable to or in
respect of any such employees on the termination of their employment or on
their death or retirement;



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© 1976 Crown Copyright

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