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Paragraph 39

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 a relevant application relating to a bargaining unit or proceeds under paragraph 20 with an application relating to a bargaining unit.

(2)

Another relevant application is not admissible if—

(a)

the application is made within the period of 3 years starting with the day after that on which the CAC gave notice of acceptance of the application mentioned in sub-paragraph (1),

(b)

the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and

(c)

the application is made by the union (or unions) which made the application mentioned in sub-paragraph (1).

(3)

A relevant application is an application under paragraph 11 or 12.

(4)

The relevant bargaining unit is—

(a)

the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

(b)

the agreed bargaining unit, where the application is under paragraph 12(4).

(5)

This paragraph does not apply if paragraph 40 or 41 applies.

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)