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Paragraph 46

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 accepts an application under paragraph 11 or 12 relating to a bargaining unit or proceeds under paragraph 20 with an application relating to a bargaining unit,

(b)

the application has not been withdrawn,

(c)

no notice has been given under paragraph 17(2),

(d)

the CAC has not issued a declaration under paragraph F119F(5), 22(2), 27(2), 27D(3), 27D(4), 29(3) or 29(4) in relation to that bargaining unit, and

(e)

no notification has been made under paragraph 24(2).

(2)

The application in question is invalid if—

(a)

at least one worker falling within the relevant bargaining unit also falls within the bargaining unit referred to in sub-paragraph (1), and

(b)

the application in question is made by a union (or unions) other than the union (or unions) which made the application referred to in sub-paragraph (1).

Annotations

Textual amendments

F1

Words in Sch. A1 para. 46(1)(d) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 23(12); 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)