Paragraph 2

England, Wales and Scotland

(1)

If on a complaint F1under—

(a)

section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (action short of dismissal on grounds related to union membership or activities), or

(b)

section 67 of this Act (unfair dismissal),

it is shown that the action complained of was taken for the purpose of safe-guarding national security, the industrial tribunal shall dismiss the complaint.

(2)

F2Except where the complaint is that a dismissal is unfair by reason of section 57A, F357AA, 59(1)(a) or 60, a certificate purporting to be signed by or on behalf of a Minister of the Crown, and certifying that the action specified in the certificate was taken for the purpose of safeguarding national security, shall for the purposes of sub-paragraph (1) be conclusive evidence of that fact.

Annotations

Textual amendments

F1: Words in Sch. 9 para. 2(1) substituted (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(2), 302, Sch. 2 para. 24(2).
F2: Words in Sch. 9 para. 2(2) substituted (30.11.1993 for specified purposes and otherwise 10.6.1994) by 1993 c. 19, s. 49(1), Sch. 7 para. 6(b); S.I. 1993/2503, art. 2(2), Sch. 2; S.I. 1994/1365, art. 2, Sch.
F3: Words in Sch. 9 para. 2(2) inserted (26.10.1995) by S.I. 1995/2587, reg. 14(4)

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2); S.I. 1998/1658, art. 2, Sch. 1

Notes on Schedule 9

Textual amendments

F1: Sch. 9 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38) and subject to amendments (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2, Sch. 1