OpenLegislation

Paragraph 27D 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 issues a declaration under paragraph 27C(2) and the declaration states that the unfair practice used consisted of or included—

(a)

the use of violence, or

(b)

the dismissal of a union official.

(2)

This paragraph also applies if the CAC has made an order under paragraph 27C(3)(a) and—

(a)

it is satisfied that the party subject to the order has failed to comply with it, or

(b)

it makes another declaration under paragraph 27C(2) in relation to a complaint against that party.

(3)

If the party concerned is the employer, the CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

(4)

If the party concerned is a union, the CAC may issue a declaration that the union is (or unions are) not entitled to be so recognised.

(5)

The powers conferred by this paragraph are in addition to those conferred by paragraph 27C(3).

Annotations

Textual amendments

F1

Sch. A1 para. 27A-27F inserted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 10(1), 59(2)-(4); S.I. 2005/2419, art. 3(a) (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)