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Paragraph 116E F1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Sub-paragraph (2) applies if—

(a)

the CAC is satisfied that a party has failed to fulfil any of the duties imposed on that party by paragraph 116D, and

(b)

the application under paragraph 106, 107 or 112 is in progress.

(2)

The CAC may order the party—

(a)

to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order, and

(b)

to do so within such period as the CAC considers reasonable and specifies in the order.

(3)

Sub-paragraphs (4) and (5) apply if—

(a)

the CAC is satisfied that a party has failed to comply with an order under sub-paragraph (2), and

(b)

the application under paragraph 106, 107 or 112 is in progress.

(4)

If the party that has failed to comply is the employer, the CAC may—

(a)

refuse the employer’s application under paragraph 106 or 107;

(b)

order the employer to refrain from any campaigning in relation to an application under paragraph 112.

(5)

If the party that has failed to comply is a union, the CAC may issue a declaration that the bargaining arrangements are to cease to have effect; and the bargaining arrangements cease to have effect accordingly.

Annotations

Textual amendments

F1

Sch. A1 paras. 116A-116G and cross-heading inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 47; S.I. 2026/3, reg. 2(37)(b)

Notes on Schedule A1

Textual amendments

F1

Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)

Modifications

C1

Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)

C2

Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)