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Paragraph 95

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

(1)

This paragraph applies for the purposes of this Part of this Schedule.

(2)

Where a method of collective bargaining has effect in relation to a new unit, that method shall have effect as if it were contained in a legally enforceable contract made by the parties.

(3)

But if the parties agree in writing—

(a)

that sub-paragraph (2) shall not apply, or shall not apply to particular parts of the method, or

(b)

to vary or replace the method,

the written agreement shall have effect as a legally enforceable contract made by the parties.

(4)

Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.

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)