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Paragraph 51

England, Wales and Scotland

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

(1)

For the purposes of this paragraph—

(a)

the original application is the application referred to in paragraph 38(1) or 46(1), and

(b)

the competing application is the other application referred to in paragraph 38(2) or the application in question referred to in paragraph 46(2);

but an application cannot be an original application unless it was made under paragraph 11(2) or 12(2).

(2)

This paragraph applies if—

(a)

the CAC decides that the competing application is not admissible by reason of paragraph 38 or is invalid by reason of paragraph 46,

(b)

at the time the decision is made the parties to the original application have not agreed the appropriate bargaining unit under paragraph 18, and the CAC has not decided the appropriate bargaining unit under paragraph 19 F1or 19A, in relation to the application, and

(c)

the F2required percentage test (within the meaning given by paragraph 14) is satisfied with regard to the competing application.

(3)

In such a case—

(a)

the CAC must cancel the original application,

(b)

the CAC must give notice to the parties to the application that it has been cancelled,

(c)

no further steps are to be taken under this Part of this Schedule in relation to the application, and

(d)

the application shall be treated as if it had never been admissible.

Annotations

Textual amendments

F1

Words in Sch. A1 para. 51(2)(b) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 23(15); S.I. 2005/872, art. 4, Sch. 1 (with arts. 6-21)

F2

Words in Sch. A1 para. 51(2)(c) substituted (6.4.2026) by Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 6 para. 34; S.I. 2026/323, reg. 3(1)(27)(h) (with reg. 6(4)(5))

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)