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Paragraph 19E F1

England, Wales and Scotland

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

(1)

During the initial period, the appointed person must if asked to do so by the union (or unions) send to any worker—

(a)

whose name and home address have been passed on to him under paragraph 19D(4), and

(b)

who is (so far as the appointed person is aware) still a relevant worker,

any information supplied by the union (or unions) to the appointed person.

(2)

The costs of the appointed person shall be borne—

(a)

if the application under paragraph 19C was made by one union, by the union, and

(b)

if that application was made by more than one union, by the unions in such proportions as they jointly indicate to the appointed person or, in the absence of such an indication, in equal shares.

(3)

The appointed person may send to the union (or each of the unions) a demand stating his costs and the amount of those costs to be borne by the recipient.

(4)

In such a case the recipient must pay the amount stated to the person sending the demand and must do so within the period of 15 working days starting with the day after that on which the demand is received.

(5)

In England and Wales, if the amount stated is not paid in accordance with sub-paragraph (4) it shall, if F2 the county court so orders, be recoverable F3 under section 85 of the County Courts Act 1984 or otherwise as if it were payable under an order of that court.

(6)

F4 Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (5), the power conferred by the warrant is exercisable , to the same extent and in the same manner as if the union were a body corporate, against any property held in trust for the union other than protected property as defined in section 23(2).

(7)

References to the costs of the appointed person are to—

(a)

the costs wholly, exclusively and necessarily incurred by the appointed person in connection with handling during the initial period communications between the union (or unions) and the relevant workers,

(b)

such reasonable amount as the appointed person charges for his services, and

(c)

such other costs as the union (or unions) agree.

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)

F2

Words in Sch. A1 para. 19E(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3

Words in Sch. A1 para. 19E(5) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 109(2) (with s. 89); S.I. 2014/768, art. 2(1)(b)

F4

Words in Sch. A1 para. 19E(6) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 109(3) (with s. 89); S.I. 2014/768, art. 2(1)(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)