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S.I. No. 42/2001 - Protection of Employees (Employers' Insolvency) (Variation of Limit) Regulations, 2001

I, Tom Kitt, Minister of State at the Department of Enterprise, Trade and Employment in exercise of the powers conferred on me by section 11 (5) of the Protection of Employees (Employers' Insolvency) Act, 1984 (No. 21 of 1984), the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 18 of 1993 ), the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No.2) Order, 1997 ( S.I. No. 330 of 1997 ), hereby make the following regulations:

1.   These Regulations may be cited as the Protection of Employees (Employers' Insolvency) (Variation of Limit) Regulations, 2001.

2.   In these Regulations the “Act of 1984” means the Protection of Employees (Employers' Insolvency) Act, 1984 (No. 21 of 1984).

3.   (1) Section 6(4)(a) of the Act of 1984 is amended by the substitution of “£400.00” for “£300.00” (inserted by the Protection of Employees (Employers' Insolvency) (Variation of Limit) Regulations, 1994 ( S.I. No. 62 of 1994 )) in each place where it occurs in respect of debts to which that Act applies and where the relevant date is not earlier than the 1st April, 2001.

(2) In this Regulation “the relevant date” has the meaning assigned to it by section 6(9) of the Act of 1984.

Given under my Hand,

this 15th day of February, 2001.

TOM KITT

_________________________________

Minister of State at the Department of Enterprise, Trade and Employment

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

The purpose of these Regulations is to increase the limit of an employee's weekly remuneration from £300.00 to £400.00 for the purposes of calculating benefits under the Protection of Employees (Employers' Insolvency) Acts, 1984 to 1991. The increased ceiling will apply to debts arising under the Acts where the date of termination of employment or the date of insolvency is on or after the 1st April, 2001 (in certain circumstances the employee has the option of nominating whichever date is most favourable to him).