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Paragraph 19C 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 accepts an application under paragraph 11(2) or 12(2) or (4).

(2)

The union (or unions) may apply to the CAC for the appointment of a suitable independent person to handle communications during the initial period between the union (or unions) and the relevant workers.

(3)

In the case of an application under paragraph 11(2) or 12(2), the relevant workers are—

(a)

in relation to any time before an appropriate bargaining unit is agreed by the parties or decided by the CAC, those falling within the proposed bargaining unit, and

(b)

in relation to any time after an appropriate bargaining unit is so agreed or decided, those falling within the bargaining unit agreed or decided upon.

(4)

In the case of an application under paragraph 12(4), the relevant workers are those falling within the bargaining unit agreed by the parties.

(5)

The initial period is the period starting with the day on which the CAC informs the parties under sub-paragraph (7)(b) and ending with the first day on which any of the following occurs—

(a)

the application under paragraph 11 or 12 is withdrawn;

(b)

the CAC gives notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;

(c)

the CAC notifies the union (or unions) of a declaration issued under paragraph 19F(5) or 22(2);

(d)

the CAC informs the union (or unions) under paragraph 25(9) of the name of the person appointed to conduct a ballot.

(6)

A person is a suitable independent person if—

(a)

he satisfies such conditions as may be specified for the purposes of paragraph 25(7)(a) by an order under that provision, or is himself specified for those purposes by such an order, and

(b)

there are no grounds for believing either that he will carry out any functions arising from his appointment otherwise than competently or that his independence in relation to those functions might reasonably be called into question.

(7)

On an application under sub-paragraph (2) the CAC must as soon as reasonably practicable—

(a)

make such an appointment as is mentioned in that sub-paragraph, and

(b)

inform the parties of the name of the person appointed and the date of his appointment.

(8)

The person appointed by the CAC is referred to in paragraphs 19D and 19E as “the appointed person”.

Annotations

Textual amendments

F1

Sch. A1 paras. 19C-19F and preceding cross-heading inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 5(1), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

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)