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Paragraph 93

England, Wales and Scotland

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

(1)

If an application under paragraph 66 or 75 is accepted by the CAC, the applicant (or applicants) may not withdraw the application—

(a)

after the CAC issues a declaration under paragraph 69(3) or 78(3),

(b)

after the CAC decides under paragraph 77(2) or 77(3),

(c)

after the CAC issues a declaration under paragraph F183(2), 85(2), 86(3) or 87(2) in relation to the new unit (where there is only one) or a declaration under any of those paragraphs in relation to any of the new units (where there is more than one),

(d)

after the union has (or unions have) notified the CAC under paragraph 89(1) in relation to the new unit (where there is only one) or any of the new units (where there is more than one), or

(e)

after the end of the notification period referred to in paragraph 89(1) and relating to the new unit (where there is only one) or any of the new units (where there is more than one).

(2)

If an application is withdrawn by the applicant (or applicants)—

(a)

the CAC must give notice of the withdrawal to the other party (or parties), and

(b)

no further steps are to be taken under this Part of this Schedule.

Annotations

Textual amendments

F1

Words in Sch. 1A para. 93(1)(c) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 23(21); 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)