OpenLegislation

Article 25 Transfers to the Ministry of Finance for Northern Ireland

Original text. Later amendments are not shown.

(1)

Where on the appointed day the persons interested in an affected fund or having rights under an affected scheme included one or more persons (hereinafter called “Northern Ireland employees” ) in respect of whom the following conditions are fulfilled, that is to say:—

(a)

that they have been employed full time by any such Society or body as is mentioned in Rule 2 or by a body administering a special scheme under Section 77 of the Unemployment Insurance Act (Northern Ireland), 1936 (which section relates to special schemes);

(b)

that they have lost that employment; and

(c)

that either—

(i)

they are entitled to receive compensation for that loss of employment under Section 64 of the National Insurance Act (Northern Ireland), 1946 (which section relates to compensation for displaced employees); or

(ii)

that it is certified by the Ministry of Finance for Northern Ireland that they are persons towards whom the liabilities of that fund or under that scheme have been or will be assumed by a Government department for Northern Ireland;

there shall be transferred to the Ministry of Finance for Northern Ireland such part of that fund or of the assets held for the purposes of that scheme as the Minister, after consultation with that Ministry, shall determine to be proper in respect of Northern Ireland employees:

Provided that—

(a)

the Minister may, after such consultation, make further determinations under this rule in respect of Northern Ireland employees not taken into account at the first determination, and transfers of further parts of the fund or assets shall be made accordingly;

(b)

where anything that is to be transferred under this rule has already been transferred under Part IV of these Rules, it shall be transferred by the transferee to the said Ministry in accordance with this rule.

(2)

In relation to Northern Ireland employees, the liabilities of an affected fund, or under an affected scheme, shall, subject to any obligations of any Government department for Northern Ireland (and, if they are affected persons, to the provisions of Rules 7, 9 and 10), be extinguished.

(3)

In the case of Northern Ireland employees who are also affected persons, any transfers to be made under this rule or under Rule 13 shall be so adjusted as may appear to the Minister, after such consultation as aforesaid, to be appropriate, having regard to the liabilities undertaken in Great Britain and Northern Ireland respectively towards those persons.