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The European Public Limited-Liability Company Regulations 2004
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- UK Statutory Instruments
- 2004 No. 2326
- PART 6
- Regulation 76
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Enforcement of obligation to amend Statutes in conflict with Arrangements for Employee InvolvementE+W+S
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76.—(1) If it appears to the Secretary of State that—
(a)the statutes of [F1a UK Societas] are in conflict with the arrangements for employee involvement determined in accordance with [F2the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 or, as the case may be, the European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009]; and
(b)the statutes have not, to the necessary extent, been amended she may direct the [F3UK Societas] to amend the statutes to that extent within such period as she may specify in the direction.
(2) A direction under this regulation is enforceable on the application of the Secretary of State—
(a)in respect of [F4a UK Societas] with its registered office in England and Wales, to the High Court [F5in England and Wales] by injunction; F6...
(b)in respect of [F4a UK Societas] with its registered office in Scotland, to the Court of Session by an order under section 45 of the Court of Session Act 1988.
[F7(c)in respect of [F4a UK Societas] with its registered office in Northern Ireland, to the High Court in Northern Ireland by injunction.]
Textual Amendments
F1Words in reg. 76(1)(a) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 23(a)(i) (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 76(1)(a) substituted (1.10.2009) by The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), regs. 1(2), 27(2) (with reg. 2)
F3Words in reg. 76(1)(b) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 23(a)(ii) (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 76(2)(a)-(c) substituted (31.12.2020) by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 23(b) (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 76(2)(a) inserted (1.10.2009) by The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), regs. 1(2), 27(3)(a) (with reg. 2)
F6Word in reg. 76(2)(a) omitted (1.10.2009) by virtue of The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), regs. 1(2), 27(3)(b) (with reg. 2)
F7Reg. 76(2)(c) inserted (1.10.2009) by The European Public Limited-Liability Company (Amendment) Regulations 2009 (S.I. 2009/2400), regs. 1(2), 27(3)(c) (with reg. 2)
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