Subsequent domestic mergers
40.—(1) A transferee company resulting from a cross-border merger that operates under an employee participation system shall ensure that employees’ rights to employee participation shall not be affected before the end of the period of three years commencing on the date on which the consequences of the cross-border merger have effect (see regulation 17) by any order made by the court under section 899 of the Companies Act 2006(1) (court sanction for compromise or arrangement) for the purposes of—
(a)a reconstruction of the company or the amalgamation of the company with another company (see section 900 of that Act (reconstruction or amalgamation of company)), or
(b)a merger involving a public company (see sections 902 and 903 and Chapter 2 of Part 27 of that Act).
(2) For the purposes of this regulation, any subsequent order made by the court under section 900(2) of the Companies Act 2006 has effect as if it were an order made under section 899 of that Act.