[198B Section 198A: supplementary]

[198B  Section 198A: supplementary]

[(1)     Where section 198A applies and the transferee elects to carry out pre-transfer consultation (and has not cancelled the election), the application under section 198A(4)(a) of sections 188 to 198 is (both before and after the transfer) subject to the following modifications—

(a)     for section 188(1B)(a) substitute—

“(a)     for transferring individuals of a description in respect of which an independent trade union is recognised by the transferor, representatives of that trade union,

(aa)     for employees, other than transferring individuals, of a description in respect of which an independent trade union is recognised by the transferee, representatives of that trade union, or”;

(b)     in section 188(5), for “the employer” substitute “the transferor or transferee”;

(c)     in section 188(5A), for “shall allow the appropriate representatives access to the affected employees and shall afford to those representatives such accommodation and other facilities as may be appropriate” substitute “shall ensure that the appropriate representatives are allowed

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