4E.—(1) The Minister shall deem an employer to be insolvent for the purposes of this Act where—

(a) the employer—

(i) has provided the Minister with information under section 4D, or

(ii) has provided no such information within the period specified in the notice under section 4C,

(b) the employer has not, under section 4D(3)(b), disputed the entirety of all amounts due to the employee, and

(c) the Minister, having regard to the matters referred to in subsection (2), is satisfied that the employer—

(i) in the case of an employer who is a natural person, is no longer continuing to act as an employer in relation to the employee or any other person, and

(ii) in the case of an employer who is not a natural person, is no longer continuing to trade.

(2) For the purposes of subsection (1)(c), the matters to which the Minister shall have regard are—

(a) all relevant information provided to the Minister by the deeming applicant under section 4B,

(b) all relevant information provided to the Minister by the employer under section 4D,

(c) the taxpayer information of the employer, and

(d) where the employer is not a natural person, all information on the register (within the meaning of section 2 of the Companies Act 2014) that relates to the employer.

(3) Subject to subsection (4), the Minister shall notify the employer and the deeming applicant—

(a) where the employer is deemed insolvent under this section, of that fact, or

(b) where the employer is not deemed insolvent under this section, of that fact.

(4) Where an employer does not provide information to, or request information from, the Minister under section 4D, the Minister may elect not to notify the employer under subsection (3).

(5) Where an employer is deemed insolvent under this section, that shall not influence any other consideration of, or process regarding, whether or not the employer is insolvent for any other purpose.]