# Trade Union and Labour Relations (Consolidation) Act 1992, Section 179: Whether agreement intended to be a legally enforceable contract.


(1) A collective agreement shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract unless the agreement—
(a) is in writing, and
(b) contains a provision which (however expressed) states that the parties intend that the agreement shall be a legally enforceable contract.
(2) A collective agreement which does satisfy those conditions shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract.
(3) If a collective agreement is in writing and contains a provision which (however expressed) states that the parties intend that one or more parts of the agreement specified in that provision, but not the whole of the agreement, shall be a legally enforceable contract, then—
(a) the specified part or parts shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract, and
(b) the remainder of the agreement shall be conclusively presumed not to have been intended by the parties to be such a contract.
(4) A part of a collective agreement which by virtue of subsection (3)(b) is not a legally enforceable contract may be referred to for the purpose of interpreting a party of the agreement which is such a contract.

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Source: https://www.legislation.gov.uk/ukpga/1992/52/section/179 (the official version)
Page: https://openlegislation.uk/trade-union-and-labour-relations-consolidation-act-1992/section-179
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

