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Paragraph 23

England, Wales and Scotland

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

(1)

This paragraph applies if—

(a)

the CAC proceeds with an application in accordance with paragraph 20 or 21 F1(and makes no declaration under paragraph 19F(5)), and

(b)

the CAC is not satisfied that a majority of the workers constituting the bargaining unit are members of the union (or unions).

(2)

The CAC must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.

Annotations

Textual amendments

F1

Words in Sch. A1 para. 23(1)(a) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 5(2), 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)