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Amendment of section 4 of Principal Act
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5. Section 4 of the Principal Act is amended—
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(a) in paragraph (g) of subsection (1), by the substitution of “Member State,” for “Member State, and”,
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(b) in paragraph (h) of subsection (1), by the substitution of “United Kingdom,” for “United Kingdom.”, and
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(c) by the insertion of the following paragraphs after paragraph (h) of subsection (1):
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“(i) where the employer is deemed insolvent under section 4E, subject to subsection (4), the date on which notice is served on the employer under section 4A,
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(j) where the employer is deemed insolvent under section 4F, subject to subsection (5), the date notified by the Minister under section 4F(4)(a)(ii), and
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(k) where the employer is insolvent in the circumstances referred to in section 1(3)(i)—
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(i) where the employment was terminated no more than one year before the date on which the insolvency arrangement comes into effect in accordance with the Act of 2012, the date on which the insolvency arrangement comes into effect or the date of termination of employment, whichever the employee shall nominate, or
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(ii) in any other case, the date on which the insolvency arrangement comes into effect in accordance with the Act of 2012.”,
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and
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(d) by the insertion of the following subsections after subsection (3):
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“(4) Where an employer is deemed insolvent under section 4E, the employer shall be regarded as having become insolvent on the date referred to in paragraph (i) of subsection (1) only in relation to the employee who served the notice referred to in that paragraph.
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(5) Where an employer is deemed insolvent under section 4F, the employer shall be regarded as having become insolvent on the date referred to in paragraph (j) of subsection (1) only in relation to the employee who made the application under section 4F(1).”.
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