The European Communities (Cross-Border Mergers) Regulations 2008 (S.I. No. 157 of 2008) are amended -

(a) in Regulation 8 -

(i) in paragraph (1) by substituting "Subject to paragraphs (1A) and (1B), each" for "Each",

(ii) by inserting the following paragraphs after paragraph (1):

"(1A) Paragraph (1) does not apply to an Irish merging company if it publishes, free of charge on its website for a continuous period of at least 2 months, commencing at least one month before the date of the general meeting convened in accordance with Regulation 10 and ending at least one month after that date -

(a) a copy of the common draft terms, as adopted by the board of directors of each Irish merging company as required by Regulation 5(1), and

(b) the information specified at paragraph (1) (b) in a form as close as practicable to the form set out in Schedule 3.

(1B) Where, in the period referred to in paragraph (1A), access to the company's website is disrupted for a continuous period of at least 24 hours or for separate periods totalling not less than 72 hours, the period referred to in paragraph (1A) shall be extended for a period corresponding to the period or periods of disruption.",