S.L. 452.86 Art. 3Responsibilities of central management.

(1) The central management shall be responsible for creating and maintaining the conditions and means necessary for the setting up of a European Works Council or an alternative information and consultation procedure in a community-scale undertaking or community-scale group of undertakings where:

(a) the central management is situated in Malta;

(b) the central management is not situated in a Member State and the representative agent of the central management (to be designated if necessary) is situated in Malta; or

(c) neither the central management nor the representative agent (whether or not as a result of being designated) is situated in a Member State and -

(i) in the case of a Community-scale undertaking, there are employed in an establishment, which is situated in Malta, more employees than are employed in any other establishment which is situated in a Member State, or

(ii) in the case of a Community-scale group of undertakings, there are employed in a group undertaking, which is situated in Malta, more employees than are employed in any other group undertaking which is situated in another Member regulation 5.

(2) Where the circumstances described in subregulation (1)(b) or (c) apply, the central management shall be treated, for the purposes of these regulations, as being situated in Malta and -

(a) the representative agent referred to in subregulation (1)(b); or

(b) the management of the establishment referred to in subregulation (1)(c)(i) or of the group undertaking, referred to in subregulation (1)(c)(ii), shall be treated, respectively, as being the central management.

(3) It shall be the duty of the management of establishments of a community-scale undertaking situated on Maltese territory or of the management of undertakings which form part of a community-scale group of undertakings situated on Maltese territory, as the case may be, to comply with the relevant provisions of these regulations, irrespective of whether or not the central management is situated in Malta.