Protection of Employees (Employers' Insolvency) Act, 1984
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —(1) In this Act—
“the Act of 1967” means the Redundancy Payments Act, 1967 ;
“the Act of 1973” means the Minimum Notice and Terms of Employment Act, 1973 ;
“the Act of 1974” means the Anti-Discrimination (Pay) Act, 1974 ;
“the Act of 1977” means the Unfair Dismissals Act, 1977 ;
“the Act of 1981” means the Social Welfare (Consolidation) Act, 1981 ;
“company” means, except when the context otherwise requires, a company within the meaning of section 2 of the Companies Act, 1963 , or any other body corporate whether incorporated within or outside the State;
“employee” means a person who has entered into or works under (or, in the case of a contract which has been terminated, worked under) a contract with an employer, whether the contract is for manual labour, clerical work or otherwise, is express or implied, oral or in writing, and whether it is a contract of service or apprenticeship or otherwise, and “employer” and any reference to employment shall be construed accordingly;
“holiday pay” means—
(a) pay in respect of a holiday actually taken; or
(b) any holiday pay which had accrued at the date of the termination of the employee's employment and which, had his employment with the employer continued until he became entitled to a holiday, would under the employee's contract of employment in the ordinary course have become payable to him on becoming so entitled;
“the Minister” means the Minister for Labour;
“occupational pension scheme” means any scheme or arrangement which, forming part of a contract of employment, 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;
“prescribed” means prescribed by regulations under this Act;
“relevant officer” means an executor, an administrator, the official assignee or a trustee in bankruptcy, a liquidator, a receiver or manager, or a trustee under an arrangement between an employer and his creditors or under a trust deed for his creditors executed by an employer;
“the Tribunal” means the Employment Appeals Tribunal.
(2) Any reference in this Act to the assets of an occupational pensions scheme is a reference to the funds or other property out of which the benefits provided by the scheme are payable from time to time, including the proceeds of any policy of insurance taken out, or contract entered into, for the purposes of the scheme.
(3) For the purposes of this Act, an employer shall be taken to be or, as may be appropriate, to have become insolvent if, but only if,
(a) he has been adjudicated bankrupt or has filed a petition for or has executed a deed of, arrangement (within the meaning of section 4 of the Deeds of Arrangement Act, 1887 ); or
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paragraphs: —(1) The fund established by section 26 of the Act of 1967 shall be known as the Redundancy and Employers' Insolvency Fund and references in that Act or in any other Act of the Oireachtas or in any instrument made under any Act of the Oireachtas to the Redundancy Fund shall be construed as a reference to the Redundancy and Employers' Insolvency Fund.
(2) Any reference in the Social Welfare Acts, 1981 to 1984, or in section 28 (inserted by section 3 of the Redundancy Payments Act, 1979 ) of the Act of 1967 to an employer's redundancy contribution shall be construed as including a reference to any amount which that contribution comprises by reason of the passing of this Act.
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paragraphs: —Subject to section 11 of this Act, this Act applies to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1981 to 1984.
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paragraphs: —(1) An employer who is for the purposes of this Act insolvent shall for such purposes be regarded as having become insolvent on—
(a) where the employer has been adjudicated bankrupt, the date of such adjudication,
(b) where the employer petitioned for arrangement, the date on which the petition is filed,
(c) where the employer executed a deed referred to in section 1 (3) (a) of this Act, the date of such execution,
(d) where the employer has died, the date of his death,
(e) where the employer is a company within the meaning of section 2 of the Companies Act, 1963 —
(i) in case either a receiver is appointed on behalf of the holder of any debenture secured by a floating charge, or possession is taken by or on behalf of such a debenture holder of any property of the company comprised in or subject to the charge, the date of the appointment of the receiver or possession being taken as aforesaid, as may be appropriate, or
(ii) in any other case the date which, in relation to the company, is the relevant date within the meaning of section 285 of the Companies Act, 1963 , and
(f) where the employer is an employer of a class or description specified in regulations under subsection (3) of this section which are for the time being in force, the day on which under the regulations such an employer is for such purposes to be regarded as having become insolvent.
(2) The Minister may by regulations specify the circumstances in which employers who are of a class or description specified in the regulations are, for the purposes of this Act, to be taken to be, or to have become, insolvent.
(3) The Minister may by regulations specify the day on which any employer who is of a class or description specified in the regulations and who is also an employer who for the purposes of this Act is insolvent, is to be regarded as having become so insolvent.
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paragraphs: —(1) Where—
(a) by virtue of section 1 (3) (d) of this Act, an employer becomes insolvent for the purposes of this Act, or
(b) an employer otherwise becomes insolvent for such purposes and there is not for the time being in relation to the insolvency a relevant officer,
the Minister may appoint as regards such insolvency a person under this subsection.
(2) Where the Minister makes an appointment under this section the following provisions shall apply:
(a) the functions assigned by this Act to a relevant officer shall, as regards the employer concerned, be performed by, and only by, the person to whom the appointment relates, or, if through illness or because his appointment is revoked or for any other reason the person so appointed is unable to perform such functions, another person so appointed, and
(b) for so long as the appointment remains in force, each of the references to a relevant officer in sections 6 , 7 and 8 of this Act shall be construed as including a reference to the person to whom the appointment relates.
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paragraphs: —(1) If, on an application made to him in the prescribed form by or on behalf of an individual, the Minister is satisfied that—
(a) the person by or on whose behalf the application is made (which person is in this section subsequently referred to as “the applicant”) is a person to whom this Act applies, and that he was employed by an employer who has become insolvent, and
(b) the date on which the employer became insolvent is a day not earlier than the 22nd day of October, 1983, and
(c) on the relevant date the applicant was entitled to be paid the whole or part of any debt to which this section applies,
the Minister shall, subject to this section, pay to or in respect of the applicant out of the Redundancy and Employers' Insolvency Fund the amount which, in the opinion of the Minister, is or was due to the applicant in respect of that debt.
(2) (a) Subject to paragraph (b) of this subsection, the following are debts to which this section applies—
(i) any arrears of normal weekly remuneration in respect of a period, or of periods in the aggregate, not exceeding eight weeks, and to which the applicant became entitled during the relevant period,
(ii) any arrears due, in respect of a period or periods not exceeding eight weeks in all under a scheme or arrangement which, forming part of an employee's contract of employment, provides or is capable of providing in relation to employees in any description of employment, payments payable to any such employees in respect of periods during which they are unable to fulfil their contract of employment due to ill health and to which the applicant became entitled during the relevant period,
(iii) any amount which an employer is required to pay, by virtue of an award under section 12 of the Act of 1973 made not earlier than the commencement of the relevant period, either for the period of notice required by section 4 of the Act of 1973 or by reason of a failure by him to give the period of notice required by the said section 4,
(iv) any holiday pay in respect of a period or periods of holiday not exceeding eight weeks in all, and to which the applicant became entitled during the relevant period,
(v) any amount which an employer is required to pay by virtue of a determination under section 8 (1) or 9 (1) or an order under section 10 (2) of the Act of 1977 and made, in any case, not earlier than the commencement of the relevant period,
(vi) any amount to which a recommendation under section 8 (1) of the Act of 1977 relates, being a recommendation which was made not earlier than the commencement of the relevant period,
(vii) any amount which an employer is required to pay by virtue of an employment regulation order within the meaning of Part IV of the Industrial Relations Act, 1946 , being an amount by reference to which proceedings have been instituted against the employer for an offence under section 45 (1) of that Act,
(viii) any amount—
(I) specified in a recommendation issued under section 7 (3) of the Act of 1974, or section 19 (3) of the Employment Equality Act, 1977 ,
(II) which an employer is required to pay by virtue of a decision or determination of an appeal by the Labour Court under subsection (1) of section 8 of the Act of 1974 or subsection (2) of section 21 of the Employment Equality Act, 1977 or, where appropriate, a decision of the High Court given by virtue of either subsection (3) of the said section 8 or subsection (4) of the said section 21,
(ix) damages awarded under section 24 (3) (a) of the Employment Equality Act, 1977 ,
(x) a fine imposed under section 8 (4) (c) (i) or paragraph (a) (inserted by section 30 of the Employment Equality Act, 1977 ) of section 9 (3) of the Act of 1974 or under section 25 (3) (a) (iii) or 26 (3) (a) (iii) of the Employment Equality Act, 1977 , and
(xi) compensation directed to be paid under section 10 (1) (d) (inserted by section 31 of the Employment Equality Act, 1977 ) or section 10 (3) (a) (inserted by the said section 31) of the Act of 1974 or under section 26 (1) (d) (iii) of the Employment Equality Act, 1977 .
(b) Any amount, damages, fine or compensation referred to in subparagraph (viii), (ix), (x) of paragraph (a) of this subsection shall be regarded as being a debt to which this section applies if, and only if, the relevant recommendation, decision, determination, award or order was made during, or after the expiration of, the relevant period.
(3) Where—
(a) legal proceedings are instituted by or on behalf of an employee and on foot of all or any of the following—
(i) a claim for arrears described in subparagraph (i) or (ii) of subsection (2) of this section,
(ii) a claim for holiday pay described in subparagraph (iv) of the said subsection (2),
(iii) a claim for damages at common law for wrongful dismissal,
an award is made by the court in favour of the employee, and
(b) had the employee made an application under subsection (1) of this section in respect of any of the matters referred to in subparagraph (i), (ii) or (iii) of paragraph (a) of this subsection he would have satisfied the requirements of paragraphs (a), (b) and (c) of the said subsection (1),
subject to subsection (4) (a) of this section, there shall be paid out of the Redundancy and Employers' Insolvency Fund, to or in respect of the employee, an amount equal to—
(i) the amount of the award, or
(ii) the maximum which would have been payable out of the said Fund by virtue of this Act had the employee successfully sought redress under section 8 (1) or 9 (1) of the Act of 1977.
(4) (a) The amount payable to an employee in respect of any debt mentioned in subsection (2) or award mentioned in subsection (3) of this section shall, where the amount of that debt is or may be calculated by reference to the employee's remuneration, not exceed £211.54 in respect of any one week or, in respect of any period of less than a week, an amount bearing the same proportion to £211.54 as that period bears to the normal weekly working hours of the employee at the relevant date.
(b) An amount payable under this section in respect of a debt mentioned in subsection (2) (a) (ii) of this section as regards a particular period, shall not exceed the difference between the amount of any disability benefit or injury benefit payable under the Act of 1981 to the employee concerned as regards the period (together with, in either case, the amount of any pay-related benefit payable to such employee under the Act of 1981 as regards the period) and the amount of his normal weekly remuneration as regards the period.
(c) (i) A payment shall not be made under this section in respect of an amount which an employer is required to pay by virtue of a determination having been made under section 8 (1) or 9 (1) of the Act of 1977, unless—
(I) if proceedings are instituted under section 10 of the Act of 1977, the proceedings are withdrawn, or
(II) in case an appeal is brought under section 10 (4) of the Act of 1977 from the determination, the appeal has been either withdrawn or determined, or
(III) in case there is no such appeal, the time for bringing such an appeal has expired.
(ii) A payment shall not be made under this section in respect of an amount to which a recommendation under section 8 (1) of the Act of 1977 relates unless—
(I) in case an appeal from the recommendation is brought under section 9 (1) of the Act of 1977, the appeal is withdrawn, or
(II) in case there is no such appeal, the time for bringing such an appeal has expired.
(iii) A payment shall not be made under this section as regards a recommendation referred to in subsection (2) (a) (viii) (I) of this section unless—
(I) in case an appeal is brought under section 8 (1) (a) of the Anti-Discrimination (Pay) Act, 1974 , or section 21 (1) of the Employment Equality Act, 1977 , against the recommendation, the appeal is withdrawn, or
(II) in case there is no such appeal, the time for bringing such an appeal has expired.
(5) The provisions of subsections (6) and (7) of this section shall apply in a case where a relevant officer is either appointed or required to be appointed.
(6) Subject to subsection (7) of this section, the Minister shall not in a case which is a case referred to in subsection (5) of this section make any payment under this section in respect of any debt until he has received a statement in the prescribed form from the relevant officer of the amount of that debt which appears to have been owed to the employee on the relevant date and to remain unpaid; and the relevant officer shall, on a request being made in that behalf, by the Minister, provide him, as soon as is reasonably practicable, with such a statement.
(7) Where—
(a) a period of six months has elapsed since the application for a payment under this section was received by the Minister, but no such payment has been made,
(b) the Minister is satisfied that a payment under this section should be made, and
(c) it appears to the Minister that there is likely to be further delay before he receives a statement referred to in subsection (6) of this section regarding the debt in question,
then, the Minister may, if the applicant so requests, or if the Minister thinks fit, without such a request, make a payment under this section notwithstanding the fact that no such statement has been received.
(8) Where an application is made to the Minister under this section and in relation to any or each of the debts to which the application relates, the Minister is satisfied that—
(a) there was an agreement between the applicant and the employer concerned that the whole or any part of the debt would be the subject of an application under this section, and
(b) when the agreement was made such employer had the means to pay such debt or the part thereof,
the Minister may either refuse the application or disallow it in so far as it relates to such debt or part.
(9) In this section—
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paragraphs: —(1) If, on an application made to him in the prescribed form by an employee or by the persons competent to act in respect of an occupational pension scheme, the Minister is satisfied that—
(a) an employer (being in case the application is made by a person otherwise than in his capacity as the person competent so to act the employer of the applicant) has become insolvent,
(b) the date on which for the purposes of this Act the employer became insolvent is a day not earlier than the 22nd day of October, 1983, and
(c) on that day there remained unpaid relevant contributions remaining to be paid by the employer to the scheme,
on the date on which the employer became insolvent, being a date not earlier than the said 22nd day of October the Minister shall, subject to this section, pay into the assets of the scheme out of the Redundancy and Employers' Insolvency Fund the sum which in his opinion is payable in respect of the unpaid relevant contributions.
(2) In this section “relevant contributions” means contributions falling to be paid by an employer in accordance with an occupational pension scheme, either on his own account or on behalf of an employee; provided that for the purposes of this section a contribution of any amount shall not be treated as falling to be paid on behalf of an employee unless a sum equal to that amount has been deducted from the pay of the employee by way of a contribution from him.
(3) The sum payable under this section in respect of unpaid contributions of an employer on his own account to an occupational pension scheme shall be the lesser of the following amounts—
(a) the balance of relevant contributions remaining unpaid on the date on which he became insolvent and payable by the employer on his own account to the scheme in respect of the period of twelve months ending on the day immediately preceding that date,
(b) the amount certified by an actuary to be necessary for the purpose of meeting the liability of the scheme on dissolution to pay the benefits provided by the scheme to or in respect of the employees of the employer.
(4) Any sum payable under this section in respect of unpaid contributions on behalf of an employee shall not exceed the amount deducted from the pay of the employee in respect of the employee's contributions to the occupational pension scheme during the period of twelve months ending on the day immediately preceding the date on which the employer became insolvent.
(5) The provisions of subsections (6), (7) and (8) of this section shall apply in a case where a relevant officer is either appointed or required to be appointed.
(6) Subject to subsection (8) of this section, the Minister shall not in a case which is a case referred to in subsection (5) of this section make any payment under this section in respect of unpaid relevant contributions until he has received a statement in the prescribed form from the relevant officer of the amount of relevant contributions which appear to have been unpaid on the date on which the employer became insolvent and to remain unpaid; and the relevant officer shall, on request made by the Minister provide him, as soon as reasonably practicable, with such a statement.
(7) Subject to subsection (8) of this section, an amount shall be taken to be payable under subsection (3) or to have been deducted in the manner referred to in subsection (4) of this section, only if it is certified by the relevant officer as being so payable, or to have been so deducted.
(8) Where—
(a) a period of six months has elapsed since the application for a payment under this section was received by the Minister, but no such payment has been made,
(b) the Minister is satisfied that a payment under this section should be made, and
(c) it appears to the Minister that there is likely to be further delay before he receives a statement or certificate about the contributions in question,
then, the Minister may, if the applicant so requests or, if the Minister thinks fit, without such a request, make a payment under this section, notwithstanding the fact that no statement or certificate referred to in subsection (6) or (7) of this section has been received.
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paragraphs: —(1) Where an application is made to the Minister under section 6 or 7 of this Act in respect of a debt owed or unpaid contributions to an occupational pensions scheme, the Minister may require—
(a) the employer concerned, or, in case a relevant officer is or is required to be appointed, that officer, to provide him with such information as the Minister may reasonably require for the purpose of determining whether the application is well-founded, and
(b) any person having the custody or control of any relevant record kept and retained pursuant to section 10 of the Holidays (Employees) Act, 1973 , or any register, card, wages sheet, record of wages or other document which an officer of the Minister may reasonably consider to be relevant to the application to produce to such officer such document for examination by him.
(2) A requirement under this section shall be made by notice in writing given to the person on whom the requirement is imposed and may be varied or revoked by a subsequent notice so given.
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paragraphs: —(1) A person who has applied for a payment under section 6 of this Act of a debt described in subparagraph (i), (ii) or (iv) of subsection (2) (a) of that section may within the period of six weeks beginning on the day on which the decision of the Minister on the application was communicated to him or, if that is not reasonably practicable, within such further period as the Tribunal considers reasonable, present a complaint to the Tribunal that—
(a) the Minister has failed to make any such payment;
or
(b) any such payment made by the Minister is less than the amount which should have been paid.
(2) Any person who has applied for a payment to be made under section 7 of this Act into the resources of a pension scheme may, within the period of six weeks beginning on the day on which the decision of the Minister on that application was communicated to him, or, if that is not reasonably practicable, within such further period as the Tribunal considers reasonable, present a complaint to the Tribunal that—
(a) the Minister has failed to make any such payment;
or
(b) any such payment made by him is less than the amount which should have been paid.
(3) Where a claim for payment is made under section 6 or 7 of this Act and it appears to the Minister that a doubt exists as to whether or not such claim is allowable, either in whole or in part, he may refer any matter arising in connection with the claim to the Tribunal for a decision by it as regards the matter.
(4) Where on the hearing of a complaint presented under this section the Tribunal finds that the Minister is liable to make a payment under section 6 or 7 of this Act, it shall make a declaration to that effect and shall specify in the declaration the amount of such payment.
(5) Subsection (14) of section 39 of the Act of 1967 shall apply to a decision of the Tribunal on any matter referred to it under this section as it applies to a decision of the Tribunal on a question referred to it under that section.
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paragraphs: —(1) Where, in pursuance of section 6 of this Act, the Minister makes any payment to an employee in respect of any debt to which that section applies, any rights and remedies of the employee in respect of that debt (or, if the Minister has paid only part of it, in respect of that part) shall, on the making of the payment, become rights and remedies of the Minister.
(2) Without prejudice to the generality of subsection (1) of this section, where rights and remedies become, by virtue of subsection (1) of this section, rights and remedies of the Minister, there shall be included amongst them any right to be paid in priority to all other debts under—
(a) section 4 of the Preferential Payments in Bankruptcy (Ireland) Act, 1889; or
(b) section 285 , as amended by section 10 of the Companies (Amendment) Act, 1982, of the Companies Act, 1963 ,
and the Minister shall be entitled to be so paid in priority to any other unsatisfied claim of the employee concerned being a claim which, but for this subsection, would be payable to the employee in such priority; and in computing for the purposes of any of the provisions of the said section 4 or the said section 285, as so amended, any limit on the amount of sums to be paid, any sums paid to the Minister shall be treated as if they had been paid to the employee.
(3) Where in pursuance of section 7 of this Act the Minister makes any payment into the resources of an occupational pension scheme in respect of any contributions to the scheme, any rights and remedies in respect of those contributions belonging to the persons competent to act in respect of the scheme shall, on the making of the payment, become rights and remedies of the Minister.
(4) Any sum recovered by the Minister in exercising any right or pursuing any remedy which is his by virtue of this section shall be paid into the Redundancy and Employers' Insolvency Fund.
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paragraphs: —(1) The Minister may from time to time by order amend section 3 of this Act so as to—
(a) extend the application of this Act to employees who are of a class or description specified in the order,
(b) exclude from such application employees who are of a class or description so specified.
(2) The Minister may from time to time by order amend section 6 of this Act so as to effect either or both of the following—
(a) substitute for the number of weeks specified in all or any of the following subsections, namely, subsection (2) (a) (i), (2) (a) (ii) or (2) (a) (iv) a different number of weeks,
(b) substitute for the number of months specified in the definition of “the relevant period” contained in subsection (9) thereof a different number of months.
(3) The Minister may from time to time by order amend section 4 (2), as amended by section 17 of the Redundancy Payments Act, 1979 , and by section 12 of this Act, of the Act of 1967, so as to vary the number of hours specified therein.
(4) The Minister may from time to time by order amend—
(a) paragraph (a) of section 3 (1), as amended by section 13 of this Act, of the Act of 1973,
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paragraphs: —Subsection (2) of section 4, as amended by section 17 of the Redundancy Payments Act, 1979 , of the Act of 1967 is hereby amended by the substitution of “18 hours” for “20 hours”, and the said subsection (2), as so amended, is set out in the Table to this section.
TABLE
(2) This Act shall not apply to a person who is normally expected to work for the same employer for less than 18 hours in a week.
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paragraphs: —The Act of 1973 is hereby amended by—
(a) the substitution in paragraph (a) of section 3(1) of “eighteen hours” for “twenty-one hours”, and
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paragraphs: —Proceedings for an offence under section 15 of this Act shall not be instituted except by or with the consent of the Minister.
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paragraphs: —(1) If any person, in relation to an application under section 6 or 7 of this Act, whether for himself or for some other person,
(a) knowingly makes any false statement or false representation or knowingly conceals a material fact, or
(b) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,
he shall be guilty of an offence.
(2) If a person refuses or wilfully neglects to provide any information or produce any document which he has been required to provide or produce by a notice under section 8 of this Act he shall be guilty of an offence.
(3) If a person, in purporting to comply with a requirement of a notice under section 8 of this Act, knowingly or recklessly makes any false statement he shall be guilty of an offence.
(4) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.
(5) Subsections (8) and (9) of section 266 of the Act of 1981 shall apply in relation to an offence under this section which is committed by a body corporate as they apply to offences under Part V of the Act of 1981 which are so committed.
(6) Subsection (10) of section 266 of the Act of 1981 shall be construed and have effect as if the reference therein to proceedings under Part V of the Act of 1981 contained a reference to proceedings under this section.
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paragraphs: —(1) The Minister may make regulations for giving effect to this Act.
(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may make provision requiring an applicant under section 6 or 7 of this Act to make the application within the prescribed time.
(3) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed.
(4) Regulations under this section may apply to applications under this Act generally or to such applications which are of a prescribed class or description.
(5) Every regulation made under this Act by the Minister shall be laid before both Houses of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
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paragraphs: —(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
(2) The Minister may pay out of the Redundancy and Employers' Insolvency Fund to a relevant officer or a person to whom an appointment under section 5 of this Act relates, in respect of the functions performed by him under this Act, such fees as the Minister shall, with the concurrence of the Minister for Finance, determine.
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paragraphs: —(1) This Act may be cited as the Protection of Employees (Employers' Insolvency) Act, 1984.
(2) Section 12 of this Act and the Redundancy Payments Acts, 1967 to 1979, may be cited together as the Redundancy Payments Acts, 1967 to 1984.
(3) Section 13 of this Act and the Act of 1973 may be cited together as the Minimum Notice and Terms of Employment Acts, 1973 and 1984.