# The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005, Regulation 6: Circumstances in which insolvency proceedings in relation to the employer are stayed or come to an end

Extent: N.I.

(1) Subject to paragraph (1A), the prescribed circumstances referred to in Article 106(3)(a) (insolvency practitioner’s duty to issue notices confirming status of scheme) in which insolvency proceedings in relation to an employer in relation to an occupational pension scheme are stayed or come to an end are –
(a) in a case where the employer is a company, where –
(i) the nominee in relation to a proposal for a voluntary arrangement under Part II of the Insolvency Order (company voluntary arrangements) has submitted a report to the court under Article 15 of that Order (procedure where nominee is not the liquidator or administrator) which states that, in his opinion, meetings of the company and its creditors should be summoned to consider the proposal, but no voluntary arrangement has effect or, where a voluntary arrangement has effect, it later ceases to have effect as a result of a court order under Article 19 of that Order (challenge of decisions);
(ii) the directors of the company have filed documents and statements in accordance with paragraph 18(1) (documents to be submitted to High Court) of Schedule A1 to that Order (moratorium where directors propose voluntary arrangement) but –
(aa) the resulting moratorium comes to an end without a voluntary arrangement taking effect, or
(bb) where a voluntary arrangement has effect, it later ceases to have effect as a result of a court order under paragraph 48 (challenge of decisions) of Schedule A1 to that Order;
(iii) the appointment of an administrator in respect of the company ceases to have effect except where—
(aa) the company moves from administration into winding up pursuant to paragraph 84 (moving from administration to creditor’s voluntary liquidation) of Schedule B1 (administration) to that Order or pursuant to an order of the High Court under Rule 2.133 of the Insolvency Rules (conversion of administration to winding up – power of court), or
(bb) a winding up order is made by the High Court immediately upon the appointment of the administrator ceasing to have effect;
(iv) an administrative receiver within the meaning of Article 5(1) of that Order appointed in relation to the company vacates office under Article 55 of that Order (vacation of office), or
(v) all proceedings in the winding up of the company are stayed altogether or an order for the winding up of the company is rescinded or discharged except in circumstances where the High Court has made an administration order in accordance with paragraph 38 or 39 (application where company in liquidation) of Schedule B1 to that Order;
(b) in a case where the employer is an individual, where –
(i) the nominee in relation to a proposal for a voluntary arrangement under Chapter II (voluntary arrangements) of Part VIII of the Insolvency Order (individual voluntary arrangements) has submitted a report to the court under Article 230(1) (nominee’s report on debtor’s proposal) or 230A(3) (debtor’s proposal and nominee’s report) of that Order which states that, in his opinion, a meeting of the individual’s creditors should be summoned to consider the proposal, but no voluntary arrangement takes effect or, where a voluntary arrangement takes effect, it later ceases to have effect as a result of a court order under Article 236 of that Order (challenge of meeting’s decision);
(ii) a bankruptcy order against the individual is annulled or rescinded, or
(iii) an insolvency administration order in respect of the estate of the individual made in accordance with an order under Article 365 of that Order (insolvent estates of deceased persons) is annulled or rescinded;
(c) in a case where the employer is a partnership, where –
(i) the nominee in relation to a proposal for a voluntary arrangement under Part II of the Insolvency Order (as applied by an order under Article 364 of that Order (insolvent partnerships)) has submitted a report to the court under Article 15 of that Order which states that, in his opinion, meetings of the partnership and its creditors should be summoned to consider the proposal, but no voluntary arrangement has effect or, where a voluntary arrangement has effect, it later ceases to have effect as a result of a court order under Article 19 of that Order (as applied by an order under Article 364 of that Order);
(ii) the members of the partnership have filed documents and statements in accordance with paragraph 18(1) of Schedule A1 to that Order (as applied by an order under Article 364 of that Order) but –
(aa) the resulting moratorium comes to an end without a voluntary arrangement taking effect, or
(bb) where a voluntary arrangement has effect, it later ceases to have effect as a result of a court order under paragraph 48 of Schedule A1 to that Order (as applied by an order under Article 364 of that Order);
(iii) an administration order in relation to a partnership under Part III of that Order (administration orders) is discharged except where—
(aa) a winding up order is made by the High Court immediately upon the discharge of the administration order, or
(bb) the discharge is pursuant to an order of the High Court for the administration to be converted into winding up under Rule 2.65(1) of the Insolvency Rules (conversion of administration into winding up – power of court) as those Rules stood before the coming into operation of the Insolvency (Amendment) Rules (Northern Ireland) 2006, or
(iv) all proceedings in a winding up of the partnership are stayed altogether or an order for the winding up of the partnership is rescinded or discharged.
(1A) This regulation does not apply in relation to an insolvency event under regulation 5A.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/nisr/2005/126/regulation/6 (the official version)
Page: https://openlegislation.uk/pension-protection-fund-entry-rules-regulations-northern-ireland-2005/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.