PART 2PARTICIPATING INDIVIDUALS AND LEGAL ENTITIES AND THE SPECIAL NEGOTIATING BODY

Circumstances in which different regulations apply4

1

This regulation is subject to regulation 5.

2

These Regulations shall apply where—

a

a participating individual or a participating legal entity intends to form an SCE whose registered office is to be in the UK; or

b

an SCE has its registered office in the UK.

3

Where there are UK employees, without prejudice to paragraph (2), Part 3 (or, in relation to an SCE to which regulation 6(1) applies, Part 2 of Schedule 1) shall apply (election or appointment of UK members of the special negotiating body and representation of employees), regardless of where the registered office is, or is intended to be, situated, in relation to the election or appointment of UK members of the special negotiating body.

4

Parts 6 to 9 shall apply, without prejudice to paragraph (2) regardless of where the registered office of the SCE is, or is intended to be situated, where—

a

a participating individual;

b

a participating legal entity, its concerned subsidiaries or concerned establishments;

c

a subsidiary of an SCE;

d

an establishment of an SCE; or

e

an employee or an employees' representative,

is resident, registered, or situated, as the case may be, in the UK.