Paragraph 121
England, Wales and Scotland
As soon as is reasonably practicable after the CAC is informed of the result of a ballot by the person conducting it, the CAC must act under this paragraph.
The duty in sub-paragraph (1) does not apply if the CAC makes arrangements under paragraph 119C(3)(b).
The CAC must inform the employer and the union (or unions) of the result of the ballot.
If the result is that the proposition that the bargaining arrangements should be ended is supported by—
a majority of the workers voting, and
at least 40 per cent of the workers constituting the bargaining unit,
the CAC must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration.
If the result is otherwise the CAC must refuse the application under paragraph 106, 107 or 112.
If a declaration is issued under sub-paragraph (3) the bargaining arrangements shall cease to have effect accordingly.
The Secretary of State may by order amend sub-paragraph (3) so as to specify a different degree of support; and different provision may be made for different circumstances.
An order under sub-paragraph (6) shall be made by statutory instrument.
No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.
Annotations
Textual amendments
- F1
Sch. A1 para. 121(1A) inserted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 13(2), 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)