Amendment of the Transnational Information and Consultation of Employees Regulations 1999
2.—(1) The Transnational Information and Consultation of Employees Regulations 1999(1) are amended as follows.
(2) For regulation 46 (merchant navy) substitute—
“46.—(1) Subject to paragraph (2), a member of a special negotiating body or of a European Works Council or an information and consultation representative, or an alternate of such member or representative, who is a member of the crew of a seagoing vessel, is entitled to participate in a meeting of the special negotiating body or of the European Works Council, or in any other meeting under any procedures established pursuant to regulation 17(3).
(2) A member or representative or alternate referred to in paragraph (1) may only participate in a meeting where that member, representative or alternate is not at sea or in a port in a country other than that in which the shipping company is domiciled, when the meeting takes place.
(3) Paragraph (2) does not apply to—
(a)a ferry worker, or
(b)a person who normally works on voyages the duration of which is less than 48 hours.
(4) The meetings must, where practicable, be scheduled to facilitate the participation of a member, representative or alternate referred to in paragraph (1).
(5) In cases where a member or a representative or alternate referred to in paragraph (1) is unable to attend a meeting, the use of information and communication technology to enable that person’s participation in the meeting must be considered.”.
S.I. 1999/3323, as amended by S.I. 2004/1079, S.I. 2004/2326 as substituted by S.I. 2009/2401, S.I. 2004/2518, S.I. 2006/2059 and S.I. 2010/1088.