(1) Arrangements for the participation of employees in every Irish resulting company shall be established in accordance with these Regulations.

(2) Without prejudice to paragraph (3), the Irish resulting company or companies shall be subject to the rules in force in the State concerning employee participation, if any.

(3) Notwithstanding paragraph (2), the rules in force concerning employee participation in the State, if any, shall not apply, where -

(a) the participating company or, as the case may be at least one of the participating companies has, in the 6 months before the publication of the draft terms or common draft terms, an average number of employees equivalent to 4 fifths of the applicable threshold as specified in the law of the EEA state of the participating company, for triggering the participation of employees within the meaning of Regulation 2(1) of the European Communities (European Public Limited-Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006), or

(b) there is no provision in any enactment -