The Companies (Cross-Border Mergers) Regulations 2007

Regulation 22(3)

SCHEDULE 2 Application of the Regulations in relation to Northern Ireland

1.  Regulations 24, and 33 shall apply in relation to any complaint by a Northern Ireland employee or any representative appointed or elected to act in Northern Ireland as if the reference to the CAC were a reference to the Industrial Court.

2.  Regulation 27 shall apply in relation to any application by—

(a) a Northern Ireland member of the special negotiating body;

(b) a Northern Ireland employee or any representative appointed or elected to act in Northern Ireland; or

(c) a competent organ of a merging company with its registered office (or principal place of business if not a body corporate) in Northern Ireland,

as if any reference to the CAC were a reference to the Industrial Court.

3.  Regulation 32 shall apply in relation to a complaint by—

(a) a Northern Ireland member of the special negotiating body; or

(b) a Northern Ireland employee or a representative appointed or elected to act in Northern Ireland,

as if the reference to the CAC were a reference to the Industrial Court.

4.  Regulation 41 shall apply in relation to a recipient to whom a merging company or transferee company registered in Northern Ireland has entrusted information or documents as if the reference to the CAC were a reference to the Industrial Court.

5.  Where there is a dispute to which paragraph (2) of regulation 42 applies, that regulation shall apply in relation to—

(a) any application made by a merging company or transferee company registered in Northern Ireland; or

(b) a Northern Ireland employee, a member of a special negotiating body elected or appointed to act in Northern Ireland,

as if the reference to the CAC were a reference to the Industrial Court.

6.  Regulation 45 shall apply in relation to a complaint by a Northern Ireland employee as if the reference to an employment tribunal were a reference to an Industrial Tribunal.

7.  Regulation 46 shall apply in relation to any Northern Ireland employee as if—

(a) a reference to an employment tribunal included a reference to an Industrial Tribunal;

(b) a reference to an entitlement to apply or complain included an entitlement to apply or complain to the Industrial Court or the High Court in Northern Ireland;

(c) a reference to a right to appeal included a right to appeal to the High Court in Northern Ireland.

8.  For regulation 48 there shall be substituted the following regulation—

“Subsidiary provisions relating to unfair dismissal: Northern Ireland

48.— (1) In Article 137 of the Employment Rights (Northern Ireland) Order 1996(1)—

(a) in paragraph (1)(c) (which requires one of a specified group of paragraphs to apply for a person to be treated as unfairly dismissed) for “7G” substitute “7H”; and

(b) after paragraph (7G) insert—

“(7H) This paragraph applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one specified in regulation 46 or 47 of the Companies (Cross-Border Mergers) Regulations 2007.”.

(2) In Article 140 of that Order(2) (exclusion of right: qualifying period of employment) in paragraph (3) (cases where no qualifying period of employment is required)(3)—

(a) omit the word “or” at the end of sub-paragraph (o); and

(b) after sub-paragraph (p) insert—

“or

(q) regulation 46 or 47 of the Companies (Cross-Border Mergers) Regulations 2007 applies.”.”.

9.  Regulation 49 shall apply in relation to any Northern Ireland employee as if—

(a) any reference to an employment tribunal included a reference to an Industrial Tribunal;

(b) any reference to an entitlement to apply or complain included an entitlement to apply or complain to the Industrial Court or the High Court in Northern Ireland; and

(c) any reference to a right to appeal included a right of appeal to the High Court in Northern Ireland.

10.  Regulation 51 shall apply in relation to a Northern Ireland employee as if reference to an employment tribunal were a reference to an Industrial Tribunal.

11.  For regulation 52 there shall be substituted—

“52.   In Article 20 of the Industrial Tribunals (Northern Ireland) Order 1996(4) (Conciliation) in paragraph (1) (which specifies the proceedings and claims to which the Article applies) after sub-paragraph (n) omit the word “or” and after sub-paragraph (o), insert—

“or

(p) under regulation 45 or 51 of the Companies (Cross-Border Mergers) Regulations 2007.”.”.

12.—(1) Regulation 53 shall apply in relation to a complaint made by—

(a) a Northern Ireland employee;

(b) a member of a special negotiating body elected or appointed to act in Northern Ireland,

as if any reference to the CAC were a reference to the Industrial Court.

(2) In relation to a complaint to the Industrial Court to which sub-paragraph (1) relates—

(a) regulations 53(6) and (7) and 55(2) and (3) shall apply as if any reference to the Appeal Tribunal were a reference to the High Court in Northern Ireland;

(b) regulations 53(7) and 55(5) and (7) shall apply as if any reference to the Secretary of State were a reference to the Department for Employment and Learning and any reference to the Consolidated Fund were a reference to the Consolidated Fund of Northern Ireland; and

(c) regulation 55(4) shall apply as if a reference to the CAC were a reference to the Industrial Court.

13.—(1) Regulation 54 shall apply in relation to a complaint made by—

(a) a Northern Ireland employee;

(b) a member of a special negotiating body elected or appointed to act in Northern Ireland,

as if any reference to the CAC were a reference to the Industrial Court.

(2) In relation to a complaint to the Industrial Court to which sub-paragraph (1) relates—

(a) regulation 54(5) and (6) shall apply as if any reference to the Appeal Tribunal were a reference to the High Court in Northern Ireland; and

(b) regulation 54(6) shall apply as if any reference to the Secretary of State were a reference to the Department for Employment and Learning.

14.  Regulation 56 shall have effect as if the reference to the CAC included a reference to the Industrial Court.

15.  Regulation 57 shall have effect as if for the heading there were substituted “Industrial Court Proceedings” and as if—

(a) in paragraphs (1) and (2) the reference to the CAC included a reference to the Industrial Court;

(b) after paragraph (4) there were inserted—

“(4A) Where a transferee company or merging company has its registered office (or principal place of business if not a body corporate) in Northern Ireland—

(a) a declaration made by an Industrial Court under these Regulations may be relied upon as if it were a declaration or order made by the High Court in Northern Ireland; and

(b) an order made by the Industrial Court under these Regulations may be enforced in the same way as an order of the High Court in Northern Ireland.”; and

(c) paragraphs (5) and (6) shall apply as if a reference to the CAC were a reference to the Industrial Court and a reference to the Appeal Tribunal were a reference to the High Court in Northern Ireland.

16.  Regulation 60 shall have effect as if for the heading there were substituted “Labour Relations Agency” and as if—

(a) a reference to an application or complaint received by the CAC included a reference to an application or complaint received by the Industrial Court under these Regulations (as modified by this Schedule) and in relation to such an application or complaint;

(b) any reference to ACAS was a reference to the Labour Relations Agency; and

(c) any other reference in the regulation to the CAC were a reference to the Industrial Court.

17.  Regulation 61 shall apply in relation to any agreement on contract enforceable under the law of Northern Ireland as if the reference to the CAC included a reference to the Industrial Court.

18.—(1) Regulation 62 shall apply in relation to any Northern Ireland employee as if—

(a) a reference to an employment tribunal were a reference to an Industrial Tribunal; and

(b) a reference to a conciliation officer were a reference to the Labour Relations Agency.

(2) Regulation 62(2) and (3) shall have effect as if for the reference to section 18(1) of the Employment Tribunals Act 1996 there were a reference to Article 20(1) of the Industrial Tribunals (Northern Ireland) Order 1996.

(3) After regulation 62(7)(b) there shall be inserted—

“and

(c) as respects Northern Ireland, a barrister (whether in practice as such or employed to give legal advice) or a solicitor who holds a practising certificate.”.

19.  Regulation 63 shall have effect as if for the heading there were substituted “Amendments to the Employment (Northern Ireland) Order 2003(5)” and for regulation 63 there shall be substituted—

“63.   At the end of each of the following Schedules to the Employment (Northern Ireland) Order 2003—

(a) Schedule 2 (tribunal jurisdictions to which Article 17 applies);

(b) Schedule 3 (tribunal jurisdictions to which Article 19 applies); and

(c) Schedule 4 (tribunal jurisdictions to which Article 27 applies),

insert—

“Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment: enforcement and subsidiary provisions).”.”.

20.  For any reference in these Regulations to a provision of the Employment Rights Act 1996 in column (1) of the following table there shall be substituted a reference to the provision in the Employment Rights (Northern Ireland) Order 1996(6) specified opposite thereto in column (2).

Table

Column (1) Employment Rights Act 1996	Column (2) Employment Rights (Northern Ireland) Order 1996
Part 10	Part XI
Section 43A	Article 67A
Chapter 2 of Part 14	Chapter IV of Part I
Section 48(2) to (4)	Article 71(2) to (14)
Section 48	Article 71
Section 49(1) to (5)	Article 72(1) to (5)
Section 62	Article 90

21.  For the purposes of this Schedule—

“Industrial Court” means the Industrial Court constituted under Article 91 of the Industrial Relations (Northern Ireland) Order 1992(7);

“Industrial Tribunal” means a tribunal established under Article 3 of the Industrial Tribunal (Northern Ireland) Order 1996(8);

“Northern Ireland employee” means an employee employed to work in Northern Ireland; and

“Northern Ireland member of the special negotiating body” means a member of the special negotiating body elected or appointed by Northern Ireland employees.

(1)

S.I. 1996/1919 (N.I. 16). Article 137 has been amended on a number of occasions to specify additional circumstances in which the employee dismissed by reason of redundancy is to be regarded as unfairly dismissed.

(2)

Article 140(1) was amended by S.R. 1999/277.

(3)

Article 140(3) has been amended on a number of occasions to specify additional cases in which no qualifying period of employment is required.

(4)

S.I. 1996/1921. Article 20(1) has been amended on a number of occasions to specify additional proceedings and claims to which the Article applies.

(5)

S.I. 2003/3902.

(6)

S.I. 1996/1919 (N.I. 16).

(7)

S.I. 1992/807 (N.I. 5).

(8)

S.I. 1996/ 1921 (N.I. 18).