
1 

(1) These Regulations may be cited as the Pension Protection Fund (Moratorium and Arrangements for Companies in Financial Difficulty) Regulations (Northern Ireland) 2020 and shall come into operation on 1st August 2020.
(2) In these Regulations—
 “the Board” means the Board of the Pension Protection Fund;
 “the Insolvency Order” means the Insolvency (Northern Ireland) Order 1989;
 “LLP” means a limited liability partnership registered under the Limited Liability Partnerships Act 2000;
 “relevant CCBS” means a co-operative society or community benefit society, that is registered under the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969.
(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
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(1) Paragraph (2) applies where—
(a) a moratorium (within the meaning of Part 1A of the Insolvency Order) which on or after the date on which these Regulations come into operation—
(i) is in force in relation to a company, LLP or relevant CCBS that is an employer in respect of an eligible scheme, or
(ii) is or has been in force in relation to a company, LLP or relevant CCBS that has been an employer in respect of an eligible scheme at any time during the moratorium, and
(b) the trustees or managers of the scheme are a creditor of the company, LLP or relevant CCBS.
(2) The rights which are exercisable by the trustees or managers of the scheme as a creditor of the company, LLP or relevant CCBS under or by virtue of—
(a) Article 13CC of the Insolvency Order (creditor consent for the purposes of Article 13CB), or
(b) a court order under Article 13FB(4)(c) of the Insolvency Order (challenge to directors’ actions),
are instead to be exercised by the Board to the exclusion of the trustees or managers of the scheme.
(3) Before exercising a right under paragraph (2) the Board must consult the trustees or managers of the scheme.
Sealed with the Official Seal of the Department for Communities on 30th July 2020
(L.S.)Anne McCleary
A senior officer of the Department for Communities
