The European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009

CAC proceedings E+W+S

34.—(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 must—

(a) make such enquiries as it sees fit, and

(b) give any person whom it considers has a proper interest in the complaint or application an opportunity to be heard.

(3) Where the F1 ... concerned subsidiary or establishment or the [F2 UK Societas] 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 F3 ... concerned subsidiary or [F4 a UK Societas] 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.

Textual Amendments

F1 Words in reg. 34(3) omitted (31.12.2020) by virtue of The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 62(a)(i) (with regs. 146-152A) (as amended by S.I. 2019/685, Sch. 3 paras. 14, 15 and S.I. 2020/523, regs. 1(2), 5(g)-(j)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 34(3) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 62(a)(ii) (with regs. 146-152A) (as amended by S.I. 2019/685, Sch. 3 paras. 14, 15 and S.I. 2020/523, regs. 1(2), 5(g)-(j)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 34(4) omitted (31.12.2020) by virtue of The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 62(b)(i) (with regs. 146-152A) (as amended by S.I. 2019/685, Sch. 3 paras. 14, 15 and S.I. 2020/523, regs. 1(2), 5(g)-(j)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 34(4) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 62(b)(ii) (with regs. 146-152A) (as amended by S.I. 2019/685, Sch. 3 paras. 14, 15 and S.I. 2020/523, regs. 1(2), 5(g)-(j)); 2020 c. 1, Sch. 5 para. 1(1)