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The Insolvency of Employer (Excluded Classes) Regulations 1995

S.I. 1995/278 · Made 2 February 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TERMS AND CONDITIONS OF EMPLOYMENT

Made 2nd February 1995

Laid before Parliament 15th February 1995

Coming into force 9th March 1995

The Secretary of State, being a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to the rights and obligations of employer and employee in the event of an employer’s insolvency, in exercise of the powers conferred by that section, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

The European Communities (Designation) (No. 3) Order 1981 (S.I. 1981/1536).

f2

1972 c. 68.

Contents

  1. 1Citation, commencement and extent
  2. 2Interpretation
  3. 3Amendment to Part IX of the 1978 Act
  4. 4Amendment to Part IX of the 1978 Act
  5. 5Transitional provisions
  6. Signature
  7. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Insolvency of Employer (Excluded Classes) Regulations 1995 and shall come into force on 9th March 1995.

(2)

These Regulations shall not extend to Northern Ireland.

2Interpretation

In these Regulations—

  • “the 1978 Act” means the Employment Protection (Consolidation) Act 1978f1;

  • “contract of employment”, “employee”, and “employment” have the same meanings respectively as in the 1978 Act;

  • “relevant date” has the same meaning as in section 122 2) of the 1978 Act.

3Amendment to Part IX of the 1978 Act

In section 141(2A) of the 1978 Actf1, after the words “Member States of the European Communities” there shall be inserted “and of Austria, Finland, Iceland, Norway and Sweden”.

4Amendment to Part IX of the 1978 Act

The operation of section 2(1) of the European Economic Area Act 1993f1 is excluded pursuant to the provisions of section 2(3) of that Act.

5Transitional provisions

The amendment speci fi ed in Regulation 3 above shall have effect where the relevant date falls on or after the date on which these Regulations come into force.

Signature

Signed by order of the Secretary of State.

Phillip Oppenheim

Joint Parliamentary Under Secretary of State,

Department of Employment.

2nd February 1995

Explanatory note

(This note is not part of the Regulations)

These Regulations give effect to certain obligations arising from the European Economic Area Agreement signed at Oporto on 2nd May 1992 (Cm 2073), as adjusted by the Protocol signed at Brussels on 17th March 1993 (Cm 2183) by providing that those who under their contract of employment ordinarily work in Austria, Finland, Iceland, Norway or Sweden come within the ambit of Part VII of the Employment Protection (Consolidation) Act 1978. Part VII of the 1978 Act regulates the position concerning the entitlement of employees to recover outstanding payments on the insolvency of their employer. Section 1(2) of the European Communities Act 1972 was amended by section 1 of the European Economic Area Act 1993 to include a reference to the European Economic Area Agreement as adjusted by the Protocol.