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37.—(1) This regulation applies to—
(a)employees of a non-listed company or issuer,
(b)representatives of the employees, and
(c)experts who assist the employees or representatives,
who receive information in accordance with this Part, or corresponding provisions adopted in an EEA State other than the United Kingdom implementing Articles 26 to 30 of the directive (obligations for AIFMs managing AIFs which acquire control of non-listed companies and issuers).
(2) If the information mentioned in paragraph (1) is provided in confidence—
(a)regulation 25 of the Information and Consultation of Employees Regulations 2004(1) (breach of statutory duty), or
(b)regulation 25 of the Information and Consultation of Employees Regulations (Northern Ireland) 2005(2) (breach of statutory duty),
applies to the information as it applies to information or documents given in confidence by an employer pursuant to the employer’s obligations under those Regulations.
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