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40. In the Transnational Information and Consultation of Employees Regulations 1999(1), for regulation 46A substitute—
“46A. (1) These regulations do not apply to an SE that is—
(a)a Community-scale undertaking, or
(b)a controlling undertaking of a Community-scale group of undertakings,
except where the special negotiating body has taken the decision referred to in regulation 17 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (decision not to open, or to terminate, negotiations)(S.I. 2009/2401) or, as the case may be, regulation 17 of the European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402).
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