The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018

156.  The modifications to the pre-exit 2009 Regulations are as follows—

(a) references to “EEA State”, “an EEA State” or “EEA States” are to be read as though they were references to “Relevant State”, “a Relevant State” or “Relevant States”;

(b) references to “SE” or “SE's” are to be read as if they were references to “UK Societas” or “UK Societas's”—

(i) in regulation 3 (interpretation)—

(aa) in paragraph (1), in the definitions of “employee involvement agreement” and “participation”;

(bb) in paragraph (2), in the definitions of “information” and “consultation”;

(ii) in regulation 15(2)(g) and (3A);

(iii) in the definition of “reduction of participation rights” in regulation 16(3); and

(iv) in regulation 17(3)(b), (4)(b)(ii) and (c)(ii);

(c) otherwise, regulation 3 (interpretation) is to be read as if amended by these Regulations, save as if—

(i) in paragraph (1) the following definitions were not omitted—

(aa) “absolute majority vote”;

(bb) “agency worker”;

(cc) “participation”;

(dd) “SE established by merger”;

(ee) “SE established by formation of a holding company or subsidiary company”;

(ff) “SE established by transformation”;

(gg) “suitable information relating to the use of agency workers”;

(hh) “two thirds majority vote”;

(ii) “UK members of the special negotiating body”;

(ii) the definition of “information and consultation representative” were omitted;

(iii) after “participation” there were inserted—

““Relevant State” means an EEA State or the United Kingdom;”;

(aa) for the definition of “SE” there were substituted—

““SE” means a European Public Limited Liability Company (or Societas Europaea) within the meaning of the EC Regulation, as it had effect immediately before [F1 IP completion day];”;

(iv) in paragraph (2), the definition of “special negotiating body” were to a special negotiating body reconvened after [F2 IP completion day] under regulation 17 (decision not to open, or to terminate, negotiations) of these Regulations, as they have effect after [F2 IP completion day];

(d) regulation 14 (negotiations to reach an employee involvement agreement) is to be read as if paragraphs (2) and (3) were omitted.

Textual Amendments

F1 Words in reg. 156(c)(iii) substituted (31.12.2020 immediately before IP completion day) by The Companies and Statutory Auditors etc. (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/523), regs. 1(2), 5(n)(i)

F2 Words in reg. 156(c)(iv) substituted (31.12.2020 immediately before IP completion day) by The Companies and Statutory Auditors etc. (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/523), regs. 1(2), 5(n)(ii)

Commencement Information

I1 Reg. 156 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)