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Part IIIMember-nominated Directors

Proposals by employers for alternative arrangements

Time limits for making alternative arrangements under Article 19

16.—(1) Where, by virtue of Article 19(1) (alternative arrangements for selecting directors), Article 18 does not apply to a company, the company must secure that the alternative arrangements are made no later than is necessary to secure that directors can be selected immediately in pursuance of the arrangements to fill any vacancy arising after the appropriate time.

(2) In paragraph (1), “the appropriate time” means—

(a)in a case where, immediately before the approval of the alternative arrangements, Article 18 applied to the company, the expiry of the period of 6 months beginning with the date on which the alternative arrangements are approved;

(b)in a case where, immediately before the approval of the alternative arrangements, Article 18 did not apply to the company—

(i)if the approval is for the continuation of existing alternative arrangements, the date on which the employer gives notice to the company under regulation 15(1)(b)(ii) in respect of the approval of the arrangements, and

(ii)otherwise, the expiry of the period of 6 months beginning with that date.