PART 4EMPLOYEE PARTICIPATION

CHAPTER 9MISCELLANEOUS

CAC proceedings57

1

Where under these Regulations a person presents a complaint or makes an application to the CAC the complaint or application must be in writing and in such form as the CAC may require.

2

In its consideration of a complaint or application under these Regulations, the CAC shall make such enquiries as it sees fit and give any person whom it considers has a proper interest in the complaint or application an opportunity to be heard.

3

Where a transferee company or merging company has its registered office in England and Wales—

a

a declaration made by the CAC under these Regulations may be relied on as if it were a declaration or order made by the High Court in England and Wales; and

b

an order made by the CAC under these Regulations may be enforced in the same way as an order of the High Court in England and Wales.

4

Where a transferee company or merging company has its registered office in Scotland—

a

a declaration or order made by the CAC under these Regulations may be relied on as if it were a declaration or order made by the Court of Session; and

b

an order made by the CAC under these Regulations may be enforced in the same way as an order of the Court of Session.

5

A declaration or order made by the CAC under these Regulations must be in writing and state the reasons for the CAC's findings.

6

An appeal lies to the Appeal Tribunal on any question of law arising from any declaration or order of, or arising in any proceedings before, the CAC under these Regulations.