Paragraph 146

(1)

This paragraph applies if—

(a)

the Court accepts an application under paragraph 137,

(b)

paragraph 143 does not apply, and

(c)

during the relevant period the Court is satisfied that a certificate of independence has been issued to the union (or any of the unions) under Article 6 of the 1992 Order.

(2)

In such a case the relevant period is the period starting with the first day of the negotiation period (as defined in paragraph 142(2)) and ending with the first of the following to occur—

(a)

any agreement by the employer and the union (or unions) to end the bargaining arrangements;

(b)

any withdrawal of the application by the worker (or workers);

(c)

the Court being informed of the result of a relevant ballot by the person conducting it;

and a relevant ballot is a ballot held by virtue of this Part.

(3)

This paragraph also applies if—

(a)

the Court gives notice under paragraph 145(2), and

(b)

during the relevant period the Court is satisfied that a certificate of independence has been issued to the union (or any of the unions) under Article 6 of the 1992 Order.

(4)

In such a case, the relevant period is the period starting with the first day of the new negotiation period (as defined in paragraph 145(4)) and ending with the first of the following to occur—

(a)

any agreement by the employer and the union (or unions) to end the bargaining arrangements;

(b)

any withdrawal of the application by the worker (or workers);

(c)

the Court being informed of the result of a relevant ballot by the person conducting it;

and a relevant ballot is a ballot held by virtue of this Part.

(5)

If this paragraph applies—

(a)

the Court must give the worker (or workers), the employer and the union (or unions) notice that it is satisfied as mentioned in sub-paragraph (1)(c) or (3)(b), and

(b)

the application under paragraph 137 shall be treated as not having been made.

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481

Notes on Schedule 1A

Textual amendments

F1: 1999 NI 9