§ 29 — Consequences upon dissolution of platform work association

29.—(1) Upon the dissolution of a platform work association under section 28(2) —(a)

the property of the platform work association immediately vests in the Official Receiver; and

(b)

the Official Receiver must proceed to wind up the affairs of the platform work association and, after satisfying and providing for all debts and liabilities of the platform work association and the costs of winding up, must pay the surplus assets (if any) of the platform work association —(i)

where the Minister so directs — into the Workers’ Fund; or

(ii)

in the absence of a direction from the Minister — in accordance with the rules of the platform work association.

(2) Where —(a)

no direction is given by the Minister under subsection (1)(b)(i); and

(b)

the surplus assets or part of the surplus assets cannot be distributed in accordance with the rules of the platform work association because the members cannot be found or a meeting of the members is not possible or for any other good and sufficient reason,

the surplus assets or part of the surplus assets must be paid into the Workers’ Fund.

(3) For the purpose of winding up the affairs of the platform work association —(a)

the Official Receiver has all the powers vested in the Official Receiver under the Insolvency, Restructuring and Dissolution Act 2018 for the purpose of discovery of the property of a debtor, the realisation of such property and the winding up of a company; and

(b)

the provisions of that Act apply, with the necessary modifications, to the winding up of the affairs of the platform work association under this Part.

(4) In this section, “Workers’ Fund” has the meaning given by section 2 of the Work Injury Compensation Act 2019.

—(1) Upon the dissolution of a platform work association under section 28(2) —(a)

the property of the platform work association immediately vests in the Official Receiver; and

(b)

the Official Receiver must proceed to wind up the affairs of the platform work association and, after satisfying and providing for all debts and liabilities of the platform work association and the costs of winding up, must pay the surplus assets (if any) of the platform work association —(i)

where the Minister so directs — into the Workers’ Fund; or

(ii)

in the absence of a direction from the Minister — in accordance with the rules of the platform work association.

(2) Where —(a)

no direction is given by the Minister under subsection (1)(b)(i); and

(b)

the surplus assets or part of the surplus assets cannot be distributed in accordance with the rules of the platform work association because the members cannot be found or a meeting of the members is not possible or for any other good and sufficient reason,

the surplus assets or part of the surplus assets must be paid into the Workers’ Fund.

(3) For the purpose of winding up the affairs of the platform work association —(a)

the Official Receiver has all the powers vested in the Official Receiver under the Insolvency, Restructuring and Dissolution Act 2018 for the purpose of discovery of the property of a debtor, the realisation of such property and the winding up of a company; and

(b)

the provisions of that Act apply, with the necessary modifications, to the winding up of the affairs of the platform work association under this Part.

(4) In this section, “Workers’ Fund” has the meaning given by section 2 of the Work Injury Compensation Act 2019.