xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

SCHEDULE 5Procedure for Recommendation under Section 8

PART IIThe Board's Recommendation and associated Action

The recommendation

9(1)The Board shall not determine to make a recommendation to the Secretary of State in the case of the relevant work or any part of it—

(a)if more than 12 months have elapsed since the first notice was given to employers of workers on the relevant work; nor

(b)unless and until they are satisfied that each of the persons to whom the second notice was given has had at least 28 days in which to consider it.

(2)Sub-paragraph (1)(a) does not prevent the Board giving the first notice again (whether or not the 12 months have elapsed), and proceeding to a recommendation under section 8—

(a)if they are satisfied that there has been a material change of circumstances since the first notice was previously given, or

(b)if a previous notice met with an objection under paragraph 8 which has since been withdrawn.

10If the Board determine to make the recommendation they shall give notice of the determination to all those persons to whom the second notice was given.

11(1)The Board's recommendation to the Secretary of State shall—

(a)be in writing ; and

(b)specify all the persons to whom the first and second notices were given and when ; and

(c)record for the Secretary of State all such representations as were made to the Board in response to either notice, or otherwise in relation to the matters at issue.

(2)The Board shall send a copy of their recommendation to all those to whom the second notice was given.

Associated action

12(1)On receiving the Board's recommendation, the Secretary of State shall satisfy himself that the procedure required by Part I of this Schedule has been adequately complied with.

(2)If not so satisfied, or if of opinion that he has not enough information to justify him in acting on the recommendation, he may require the Board to carry out such further examination of the matters dealt with in the recommendation as he may specify, and to report to him within a specified period the outcome of that examination.

(3)He shall, if he thinks it expedient with a view to informing the public generally that the Board have made the recommendation, and to obtaining the views of persons and organisations not so far consulted, publish the recommendation.

13If the Secretary of State, in consequence of reoresentations made to him, or of matters brought to his notice by the Board, considers—

(a)that the subject matter of the Board's recommendation is such that the decision by him to make an order on it, or not to make one, may tend to prejudice good labour relations ; and

(b)that there are questions which need to be investigated by the Advisory, Conciliation and Arbitration Service,

he may refer those questions to that Service, for their opinion and advice.