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Paragraph 119D F1

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

(1)

This paragraph applies if the CAC issues a declaration under paragraph 119C(2) and the declaration states that the unfair practice used consisted of or included—

(a)

the use of violence, or

(b)

the dismissal of a union official.

(2)

This paragraph also applies if the CAC has made an order under paragraph 119C(3)(a) and—

(a)

it is satisfied that the party subject to the order has failed to comply with it, or

(b)

it makes another declaration under paragraph 119C(2) in relation to a complaint against that party.

(3)

If the party concerned is the employer, the CAC may refuse the employer’s application under paragraph 106 or 107.

(4)

If the party concerned is a union, the CAC may issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration.

(5)

If a declaration is issued under sub-paragraph (4) the bargaining arrangements shall cease to have effect accordingly.

(6)

The powers conferred by this paragraph are in addition to those conferred by paragraph 119C(3).

Annotations

Textual amendments

F1

Sch. A1 paras. 119A-119I inserted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 13(1), 59(2)-(4); S.I. 2005/2419, art. 3 (with arts. 5-7)

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)