OpenLegislation

Paragraph 41

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 the CAC issues a declaration under paragraph F1119D(4), 119H(5) or 121(3) that bargaining arrangements are to cease to have effect; and this is so whether the ballot concerned is F2arranged under Part IV or Part V of this Schedule.

(2)

An application under paragraph 11 or 12 is not admissible if—

(a)

the application is made within the period of 3 years starting with the day after that on which the declaration was issued,

(b)

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

(c)

the application is made by the union which was a party (or unions which were parties) to the proceedings leading to the declaration.

(3)

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).

Annotations

Textual amendments

F1

Words in Sch. A1 para. 41(1) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 23(11)(a); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

F2

Word in Sch. A1 para. 41(1) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 23(11)(b); 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)