The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005

Confirmation of scheme status by insolvency practitioner

9.—(1) The prescribed matters referred to in Article 106(5)(a) (insolvency practitioner’s duty to issue notices confirming status of scheme) which the insolvency practitioner in relation to the employer in relation to the scheme must be able to confirm are –

(a)in circumstances where the employer is a company, that –

(i)the company has been rescued as a going concern and the employer –

(aa)retains responsibility for meeting the pension liabilities under the scheme, and

(bb)has not entered into an agreement to which regulation 2(3)(c) applies, or

(ii)another person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme;

(b)in circumstances where the employer is an individual, that –

(i)there has been a rescue of all or part of the employer’s business as a going concern and the employer –

(aa)retains responsibility for meeting the pension liabilities under the scheme, and

(bb)has not entered into an agreement to which regulation 2(3)(c) applies, or

(ii)another person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme;

(c)in circumstances where the employer is a partnership, that –

(i)there has been a rescue of all or part of the employer’s business and the employer –

(aa)retains responsibility for meeting the pension liabilities under the scheme, and

(bb)has not entered into an agreement to which regulation 2(3)(c) applies, or

(ii)another person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme.

(2) The prescribed matters referred to in Article 106(5)(b) which the insolvency practitioner must be able to confirm are –

(a)in circumstances where the employer is a company, that –

(i)that employer has entered into an agreement to which regulation 2(3)(c) applies, or

(ii)that employer is not continuing as a going concern and –

(aa)no other person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme, and

(bb)the insolvency practitioner is of the opinion that the employer’s pension liabilities under the scheme will not be assumed by another person;

(b)in circumstances where the employer is an individual, that –

(i)that employer has entered into an agreement to which regulation 2(3)(c) applies, or

(ii)no part of the employer’s business is being continued by that employer as a going concern and –

(aa)no other person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme, and

(bb)the insolvency practitioner is of the opinion that the employer’s pension liabilities under the scheme will not be assumed by another person;

(c)in circumstances where the employer is a partnership, that –

(i)that employer has entered into an agreement to which regulation 2(3)(c) applies, or

(ii)no part of the employer’s business is being continued by one or more of the partners as a going concern and –

(aa)no other person or other persons has or have assumed responsibility for meeting the employer’s pension liabilities under the scheme, and

(bb)the insolvency practitioner is of the opinion that the employer’s pension liabilities under the scheme will not be assumed by another person.

(3) A notice issued by an insolvency practitioner under Article 106(2)(a) or (b) or by a former insolvency practitioner under Article 106(4) shall be in writing and shall contain the following information –

(a)the name or type of the notice issued;

(b)the date on which the notice is issued;

(c)the name, address and pension scheme registration number of the scheme in respect of which the notice is issued;

(d)the name of the employer in relation to the scheme in respect of which the notice is issued;

(e)the name of the insolvency practitioner or former insolvency practitioner and the address at which that insolvency practitioner may be contacted by the Board in connection with the issue of the notice;

(f)a statement by the insolvency practitioner or former insolvency practitioner that, as the case may be, a scheme rescue has occurred or a scheme rescue is not possible or that he has been unable to confirm that a scheme rescue has occurred or that a scheme rescue is not possible;

(g)if a scheme rescue has occurred, the date or the approximate date of the scheme rescue and, if there is a new employer in relation to the scheme, the name and address of that employer in relation to the scheme;

(h)if a scheme rescue is not possible, a statement from the insolvency practitioner or former insolvency practitioner as to why, in his opinion, that is not possible;

(i)if Article 106(4) applies and the former insolvency practitioner has not been able to confirm in relation to the scheme that a scheme rescue is not possible, a statement from that insolvency practitioner as to why, in his opinion, that is the case;

(j)a statement that the notice issued will not become binding until it has been approved by the Board, and

(k)whether, in the opinion of the insolvency practitioner or former insolvency practitioner, the notice issued contains any commercially sensitive information.