Paragraph 2
Subject to sub-paragraphs (4) and (5), the persons appointed under paragraph 1(a) shall be appointed as follows, namely—
those appointed to represent employers shall be appointed by one or more employers' associations for the time being nominated for the purposes of this paragraph by the Department; and
those appointed to represent workers shall be appointed by one or more trade unions (within the meaning of the Industrial Relations (Northern Ireland) Order1976 NI 161976) for the time being so and in this Schedule references to the nominated body or bodies in relation to any appointment in pursuance of paragraph (a) or (b) are references to the body or bodies falling within that paragraph.
Unless it appears to the Department to be inappropriate in all the circumstances for this sub-paragraph to apply to the wages council—
the employers' association nominated by it for the purposes of sub-paragraph (1)(a), or
where two or more employers' associations are so nominated, at least one of those associations, shall be an employers' association appearing to it to be representative of small businesses within the scope of operation of the wages council.
On making an appointment in pursuance of sub-paragraph (1)(a) or (b) the nominated body or bodies shall inform the secretary of the wages council in writing of that appointment.
If for any reason there is a deficiency in the number of persons appointed to a wages council in pursuance of sub-paragraph (1)(a) or (b), the Department shall, after consulting such persons or organisations as it thinks fit, appoint on behalf of the nominated body or bodies such number of persons to represent employers or (as the case may be) workers as will remedy that deficiency.
If it appears to the Department that there does not exist any employers' association which could appropriately be nominated by it for the purposes of this paragraph, the Department shall, after consulting such
employers as it thinks fit, appoint such number of persons to represent employers as is specified under paragraph 1(a).