S.L. 452.85 Art. 3Applicability.

(1) Article 38 of the Act and these regulations shall apply:

(a) to any transfer of an undertaking, business, or part of an undertaking or business to another employer as a result of a legal transfer or merger:

Provided that there is a transfer within the meaning of this regulation whenever there is a transfer of an economic entity which retains its identity, with the objective of pursuing an economic activity;

(b) to a service provision change;

(c) to any undertaking engaged in economic activities whether or not that activity is central or ancillary and whether or not it is operating for gain;

(d) where and in so far as the undertaking, business or part of the undertaking or business to be transferred is situated in Malta;

(e) to a transfer of a seagoing ship that is part of a transfer of an undertaking, business or part of an undertaking or business within the meaning of this regulation: Provided that the transferee is situated, or the transferred undertaking, business, or part of an undertaking or business remains within Malta: Provided further that article 38 of the Act and these regulations shall not apply where the object of the transfer consists exclusively of one or more seagoing ships.

(2) Article 38 of the Act and these regulations shall not apply to an administrative reorganisation of public administrative authorities, or the transfer of administrative functions between public administrative authorities.

(3) A transfer of an undertaking or part of an undertaking in terms of these regulations:

(a) may be effected by more than one transaction; and

(b) may take place whether or not any property, movable or immovable, is transferred to the transferee by the transferor.