The European Public Limited-Liability Company Regulations 2004

Enforcement of obligation to amend Statutes in conflict with Arrangements for Employee Involvement E+W+S

76.—(1) If it appears to the Secretary of State that—

(a) the statutes of an SE are in conflict with the arrangements for employee involvement determined in accordance with [F1 the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 or, as the case may be, the European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009]; and

(b) the statutes have not, to the necessary extent, been amended she may direct the SE to amend the statutes to that extent within such period as she may specify in the direction.

(2) A direction under this regulation is enforceable on the application of the Secretary of State—

(a) in respect of an SE with its registered office in England and Wales, to the High Court [F2 in England and Wales] by injunction; F3 ...

(b) in respect of an SE with its registered office in Scotland, to the Court of Session by an order under section 45 of the Court of Session Act 1988.

[F4 (c) in respect of an SE with its registered office in Northern Ireland, to the High Court in Northern Ireland by injunction.]

Textual Amendments

F1 Words in reg. 76(1)(a) substituted (1.10.2009) by The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), regs. 1(2), 27(2) (with reg. 2)

F2 Words in reg. 76(2)(a) inserted (1.10.2009) by The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), regs. 1(2), 27(3)(a) (with reg. 2)

F3 Word in reg. 76(2)(a) omitted (1.10.2009) by virtue of The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), regs. 1(2), 27(3)(b) (with reg. 2)

F4 Reg. 76(2)(c) inserted (1.10.2009) by The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), regs. 1(2), 27(3)(c) (with reg. 2)