87. Section 1 of the Act of 1984 is amended—

(a) in subsection (1)—

(i) by the substitution of the following definition for the definition of “competent authority”:

“ ‘competent authority’ means—

(a) the authority referred to in Article 2(1) of the Directive, or

(b) in the case of an employer taken to be, or to have become, insolvent under paragraph (f) of subsection (3), an authority that is competent, pursuant to the laws, regulations and administrative procedures of the United Kingdom, to—

(i) appoint a liquidator or a person performing a similar task,

(ii) open collective proceedings based on the insolvency of the employer, or

(iii) establish that the employer’s undertaking or business has been definitively closed down and that the available assets are insufficient to warrant the opening of the proceedings;”,

(ii) by the substitution of the following definition for the definition of “relevant officer”:

“ ‘relevant officer’ means—

(a) where the employer is insolvent in the State and the employees concerned are employed or habitually employed in the State, an executor, an administrator, the official assignee or a trustee in bankruptcy, a liquidator, a receiver or manager, a trustee under an arrangement between an employer and his creditors or under a trust deed for his creditors executed by an employer,

(b) where the employer is an undertaking which is insolvent under the laws, regulations and administrative procedures of another Member State in accordance with Article 2(1) of the Directive, and the employees concerned are employed or habitually employed in the State, the person appointed by the appropriate competent authority to perform the functions of a relevant officer, or

(c) where the employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom, and the employees concerned are employed or habitually employed in the State, the person appointed by the appropriate competent authority to perform the functions of a relevant officer;”,

and

(iii) by the insertion of the following definitions:

“ ‘Directive’ means Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008¹⁰ on the protection of employees in the event of the insolvency of their employer;

‘United Kingdom’ includes a territory or other place for whose external relations the United Kingdom is responsible and in which the law of the European Union applied while the United Kingdom was a Member State;”,

and

(b) in subsection (3), by the substitution of the following paragraphs for paragraph (e):

“(e) the employer is an undertaking which is insolvent under the laws, regulations and administrative procedures of another Member State in accordance with Article 2(1) of the Directive, and the employees concerned are employed or habitually employed in the State; or

(f) the employer is insolvent under the laws, regulations and administrative procedures of the United Kingdom and the employees concerned are employed or habitually employed in the State.”.