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Industry Act 1975

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This is the original version (as it was originally enacted).

32Release from duty to disclose information to trade union

(1)A Minister who has served a notice under section 31 above may by notice served within the period specified in that notice be required to make a reference to an advisory committee.

(2)Such a reference may be required—

(a)by the company or companies concerned, where the Minister proposes to require them to furnish information under section 31 above and they claim that the Minister's final decision ought to be that it should not be furnished because special reasons apply, or

(b)by the authorised representative of any relevant trade union, where the Minister proposes that some or all of the information furnished to him shall not be furnished to authorised representatives because special reasons apply.

(3)A Minister may himself refer to an advisory committee any proposal that some or all of the information furnished to him shall not be furnished to authorised representatives of relevant trade unions because special reasons apply.

(4)Schedule 6 to this Act shall have effect.

(5)The committee shall give the company or companies concerned and each relevant trade union's authorised representative an opportunity of making representations in relation to the matters to which the reference relates.

(6)The advisory committee shall make a report to the Minister after the close of their consideration of the reference, giving their findings of fact and their recommendations, and after considering any representations made under subsection (5) above.

(7)Where a matter has been referred to the committee, the Minister may make a final decision relating to his proposal only after receiving and considering the committee's report on it.

(8)Subject to subsection (13) below, where there has been a reference, the Minister shall notify—

(a)the company or companies concerned ;

(b)the authorised representative of each relevant trade union; and

(c)the advisory committee,

of his final decision ; and a notice under this subsection shall be treated as requiring the information specified in it to be furnished to each such representative within such reasonable time as may be so specified.

(9)The Minister's notice under subsection (8) above to the company or companies concerned and to the authorised representatives shall state whether or not he accepted the committee's advice.

(10)Where there has been no reference to the advisory committee or a reference has been withdrawn, the Minister may notify the company or companies concerned and each relevant trade union's authorised representative that his provisional notice under section 31 above is to be treated as containing his final decision.

(11)A notice under subsection (10) above shall state that the provisional notice is to be treated as requiring the information specified in it to be furnished to the authorised representative of each trade union within such reasonable time as may be specified in the notice under subsection (10) above.

(12)No such notice shall be given before the end of the period specified in the provisional notice.

(13)If—

(a)the Minister's final decision in relation to any information is that it shall be furnished to the representative of each relevant trade union, and

(b)in making that decision he rejected the committee's advice,

he shall make an order specifying the nature (without disclosing the substance) of the information to be furnished contrary to that advice, and accordingly requiring the company or companies concerned to furnish it to the representative of each relevant trade union within such reasonable time as may be specified in the order.

(14)An order under subsection (13) above shall be laid before Parliament after being made.

(15)An order under subsection (13) above shall not take effect if before the end of a period of 28 days from the date on which it is laid before Parliament either House resolves that an Address be presented to Her Majesty praying that it be annulled.

(16)If no such resolution is passed by either House, the order shall come into effect at the end of the said period.

(17)If such a resolution is passed by either House, Her Majesty may by Order in Council revoke the Order.

(18)In reckoning the period of 28 days no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(19)This section shall apply with appropriate modifications in any case where only part of the information furnished to the Minister falls to be disclosed to representatives of relevant trade unions.

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