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The European Cooperative Society (Involvement of Employees) Regulations 2006

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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation and commencement

    2. 2.Extent and application

    3. 3.Interpretation

  3. PART 2 PARTICIPATING INDIVIDUALS AND LEGAL ENTITIES AND THE SPECIAL NEGOTIATING BODY

    1. 4.Circumstances in which different regulations apply

    2. 5.Exempt formations and SCEs

    3. 6.Subsequent application of Regulations to a formerly exempt SCE

    4. 6A.Agency Workers

    5. 7.Duty on participating individual and participating legal entity to provide information

    6. 8.Complaint of failure to provide information

    7. 9.Function of the special negotiating body

    8. 10.Composition of the special negotiating body

    9. 11.Complaint about establishment of special negotiating body

  4. PART 3 ELECTION OR APPOINTMENT OF UK MEMBERS OF THE SPECIAL NEGOTIATING BODY

    1. 12.Ballot arrangements

    2. 13.Conduct of the ballot

    3. 14.Appointment of UK members by a consultative committee

    4. 15.Representation of employees

  5. PART 4 NEGOTIATION OF THE EMPLOYEE INVOLVEMENT AGREEMENT

    1. 16.Negotiations to reach an employee involvement agreement

    2. 17.The employee involvement agreement

    3. 18.Decisions of the special negotiating body

    4. 19.Decision not to open or to terminate negotiations

    5. 20.Complaint about decisions of the special negotiating body

  6. PART 5 STANDARD RULES ON EMPLOYEE INVOLVEMENT

    1. 21.Standard rules on employee involvement

  7. PART 6 COMPLIANCE AND ENFORCEMENT

    1. 22.Disputes about operation of an employee involvement agreement or the standard rules on employee involvement

    2. 23.Penalties

    3. 24.Misuse of procedures

    4. 25.Exclusivity of remedy

  8. PART 7 CONFIDENTIAL INFORMATION

    1. 26.Breach of statutory duty

    2. 27.Withholding of information

  9. PART 8 PROTECTION FOR MEMBERS OF SPECIAL NEGOTIATING BODY, ETC.

    1. 28.Right to time off for members of special negotiating body, etc.

    2. 29.Right to remuneration for time off under regulation 28

    3. 30.Right to time off: complaints to tribunals

    4. 30A.Extension of time limit to facilitate conciliation before institution of proceedings

    5. 31.Unfair dismissal

    6. 32.Subsidiary provisions relating to unfair dismissal

    7. 33.Detriment

    8. 34.Detriment: enforcement and subsidiary provisions

    9. 35.Conciliation

  10. PART 9 MISCELLANEOUS

    1. 36.CAC proceedings

    2. 37.Appeal Tribunal: location of certain proceedings under these Regulations

    3. 38.Appeal Tribunal: appeals from employment tribunals

    4. 39.ACAS

    5. 40.Restrictions on contracting out: general

    6. 41.Restrictions on contracting out: Part 8

    7. 42.Amendment of the Transnational Information and Consultation of Employees Regulations 1999

    8. 43.Existing employee involvement rights

  11. Signature

    1. SCHEDULE 1

      1. PART 1 PROVISION OF INFORMATION AND THE SPECIAL NEGOTIATING BODY

        1. 1.Duty on SCE to provide information

        2. 2.Complaint of failure to provide information

        3. 3.Function of the special negotiating body

        4. 4.Composition of the special negotiating body

        5. 5.Complaint about establishment of the special negotiating body

      2. PART 2 ELECTION OR APPOINTMENT OF UK MEMBERS OF THE SPECIAL NEGOTIATING BODY

        1. 6.Ballot arrangements

        2. 7.Conduct of the ballot

        3. 8.Appointment of UK members by a consultative committee

        4. 9.Representation of employees

      3. PART 3 NEGOTIATION OF THE EMPLOYEE INVOLVEMENT AGREEMENT

        1. 10.Negotiations to reach an employee involvement agreement

        2. 11.The employee involvement agreement

        3. 12.Decisions of the special negotiating body

        4. 13.Decision not to open or to terminate negotiations

        5. 14.Complaint about decisions of the special negotiating body

      4. PART 4 STANDARD RULES ON EMPLOYEE INVOLVEMENT

        1. 15.Standard rules on employee involvement

    2. SCHEDULE 2

      STANDARD RULES ON EMPLOYEE INVOLVEMENT

      1. PART 1 COMPOSITION OF THE REPRESENTATIVE BODY

        1. 1.(1) The management of the SCE shall arrange for the...

        2. 2.Where its size so warrants, the representative body shall elect...

        3. 3.The representative body shall adopt rules of procedure.

        4. 4.The representative body shall inform the competent organ of the...

        5. 5.(1) Not later than four years after its establishment, the...

      2. PART 2 STANDARD RULES FOR INFORMATION AND CONSULTATION

        1. 6.(1) The competence of the representative body shall be limited...

      3. PART 3 STANDARD RULES FOR PARTICIPATION

        1. 7.(1) In the case of an SCE formed by conversion,...

    3. SCHEDULE 3

      APPLICATION OF THE REGULATIONS IN RELATION TO NORTHERN IRELAND

      1. 1.Regulations 8, 12 and 24 and paragraphs 2 and 6...

      2. 2.Regulation 11 shall apply in relation to any application by—...

      3. 3.Regulation 14 shall apply in relation to any complaint made...

      4. 4.Regulation 20 shall apply in relation to a complaint by—...

      5. 5.(1) Regulation 22 shall apply in relation to a complaint...

      6. 6.Regulation 25 shall have effect as if the reference to...

      7. 7.Regulation 26 shall apply in relation to a recipient to...

      8. 8.Where there is a dispute to which paragraph (2) of...

      9. 9.Regulation 30 shall apply in relation to a complaint by...

      10. 10.Regulation 31 shall apply in relation to any Northern Ireland...

      11. 11.For regulation 32 there shall be substituted the following regulation—...

      12. 12.Regulation 33 shall apply in relation to any Northern Ireland...

      13. 13.(1) Regulation 34 shall apply in relation to a Northern...

      14. 14.For regulation 35 there shall be substituted— In Article 20 of the Industrial Tribunals (Northern Ireland) Order...

      15. 15.Regulation 36 shall have effect as if for the heading...

      16. 16.(1) Regulation 39 shall have effect as if a reference...

      17. 17.Regulation 40 shall apply in relation to any agreement on...

      18. 18.(1) Regulation 41 shall apply in relation to any Northern...

      19. 19.Paragraph 5 of Schedule 1 shall apply in relation to...

      20. 20.Paragraph 8 of Schedule 1 shall apply in relation to...

      21. 21.Paragraph 14 of Schedule 1 shall apply in relation to...

      22. 22.For any reference in these Regulations to a provision of...

      23. 23.For the purposes of this Schedule— “Industrial Court” means the...

  13. Explanatory Note

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