European Communities (Protection of Employees (Employers' Insolvency)) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Regulations may be cited as the European Communities (Protection of Employees (Employers' Insolvency)) Regulations 2005.
(2) These Regulations come into operation on 8 October, 2005.
num: 2
paragraphs: In these Regulations “Act of 1984” means the Protection of Employees (Employers' Insolvency) Act 1984 (No. 21 of 1984).
Amendment of Protection of Employees (Employers’ Insolvency) Act 1984.
num: 3
paragraphs: Section 1 of the Act of 1984 is amended -
(a) in subsection (1)-
(i) by inserting after the definition of “the Act of 1967” the following:
“ ‘the Act of 1969’ means the Industrial Relations Act 1969 ;”,
(ii) by inserting after the definition of “the Act of 1981” the following:
“ ‘the Act of 1990’ means the Industrial Relations Act 1990 ;
‘the Act of 1991’ means the Payment of Wages Act 1991 ;
‘the Act of 1994’ means the Terms of Employment (Information) Act 1994 ;
‘the Act of 1996’ means the Protection of Young Persons (Employment) Act 1996 ;
‘the Act of 1997’ means the Organisation of Working Time Act 1997 ;
‘the Act of 1998’ means the Protections for Persons Reporting Child Abuse Act 1998;
‘the Act of 2001’ means the Protection of Employees (Part-Time Work) Act 2001 ;
‘the Act of 2002’ means the Competition Act 2002 ;
‘the Act of 2003’ means the Protection of Employees (Fixed-Time Work) Act 2003;
‘the Act of 2004’ means the Industrial Relations (Miscellaneous Provisions) Act 2004 ;”,
(iii) by inserting after the definition of “company” the following:
“ ‘competent authority’ means the authority referred to in Article 2(1) of Council Directive 80/987/EEC of 20 October 19802 as amended by Article 1(2) of Directive 2002/74/EC of the European Parliament and of the Council of 23 September 20021 ;”,
(iv) by inserting after the definition of “holiday pay” the following:
“ ‘Member State’ means a Member State of the European Union”,
and
(v) in the definition of “relevant officer”, by deleting “or” after “a receiver or manager,” and by inserting after “by an employer” the following:
“, or, where the employer is an undertaking which is insolvent under the laws, regulations and administrative procedures of another Member State in accordance with Article 2(1) of Council Directive 80/987/EEC of 20 October 1980 as amended by Article 1(2) of Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 and the employees concerned are employed or habitually employed in the State, the person appointed by the appropriate competent authority to perform the functions of a relevant officer”,
and
(b) in subsection (3) -
(i) in paragraph (c), by substituting for “comprised in or subject to the charge, or” the following: “comprised in or subject to the charge; or”,
(ii) in paragraph (d), by substituting for “in relation to him.” the following: “in relation to him; or”, and
(iii) by inserting after paragraph (d) the following:
“(e) the employer is an undertaking which is insolvent under the laws, regulations and administrative procedures of another Member State in accordance with Article 2(1 of Council Directive 80/987/EEC of 20 October 1980 as amended by Article 1(2) of Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 and the employees concerned are employed or habitually employed in the State.”.
num: 4
paragraphs: The Act of 1984 is amended by substituting the following for section 3:
“Application of Act.
num: 3
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 (Consolidation) Act 1993 or would be so insurable but for the fact that-