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Paragraph 166

England, Wales and Scotland

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

F1(1)

This paragraph applies if the CAC represents to the Secretary of State that a provision of this Schedule has an unsatisfactory effect and should be amended.

(2)

The Secretary of State, with a view to rectifying the effect—

(a)

may amend the provision by exercising (if applicable) any of the powers conferred on him by paragraphs 7(6), 29(5), 121(6), 166A, 166B, 169A, 169B and 171A, or

(b)

may amend the provision by order in such other way as he thinks fit.

(2A)

The Secretary of State need not proceed in a way proposed by the CAC (if it proposes one).

(2B)

Nothing in this paragraph prevents the Secretary of State from exercising any of the powers mentioned in sub-paragraph (2)(a) in the absence of a representation from the CAC.

(3)

An order under F2sub-paragraph (2)(b) shall be made by statutory instrument.

(4)

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. 166(1)-(2B) substituted for Sch. A1 para. 166(1)(2) (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 15(2), 59(2)-(4); S.I. 2004/3342, art. 4(a) (with arts. 6-12)

F2

Words in Sch. A1 para. 166(3) substituted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 15(3), 59(2)-(4); S.I. 2004/3342, art. 4(a) (with arts. 6-12)

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)