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Trade Union and Labour Relations (Consolidation) Act 1992

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  1. Introductory Text

  2. Part I Trade Unions

    1. Chapter I Introductory

      1. Meaning of “trade union"

        1. 1. Meaning of “trade union".

      2. The list of trade unions

        1. 2. The list of trade unions.

        2. 3. Application to have name entered in the list.

        3. 4. Removal of name from the list.

      3. Certification as independent trade union

        1. 5. Meaning of “independent trade union".

        2. 6. Application for certificate of independence.

        3. 7. Withdrawal or cancellation of certificate.

        4. 8. Conclusive effect of Certification Officer’s decision.

      4. Supplementary

        1. 9. Appeal against decision of Certification Officer.

    2. Chapter II Status and property of trade unions

      1. General

        1. 10. Quasi-corporate status of trade unions.

        2. 11. Exclusion of common law rules as to restraint of trade.

      2. Property of trade union

        1. 12. Property to be vested in trustees.

        2. 13. Vesting of property in new trustees.

        3. 14. Transfer of securities held in trust for trade union.

        4. 15. Prohibition on use of funds to indemnify unlawful conduct.

        5. 16. Remedy against trustees for unlawful use of union property.

        6. 17. Nominations by members of trade unions.

        7. 18. Payments out of union funds on death of member.

        8. 19. Application of certain provisions relating to industrial assurance or friendly societies.

      3. Liability of trade unions in proceedings in tort

        1. 20. Liability of trade union in certain proceedings in tort.

        2. 21. Repudiation by union of certain acts.

        3. 22. Limit on damages awarded against trade unions in actions in tort.

      4. Restriction on enforcement against certain property

        1. 23. Restriction on enforcement of awards against certain property.

    3. Chapter III Trade union administration

      1. Register of members’ names and addresses

        1. 24. Duty to maintain register of members’ names and addresses.

        2. 24A.Securing confidentiality of register during ballots.

        3. 25. Remedy for failure: application to Certification Officer.

        4. 26. Remedy for failure: application to court.

      2. Duty to supply copy of rules

        1. 27. Duty to supply copy of rules.

      3. Accounting records

        1. 28. Duty to keep accounting records.

        2. 29. Duty to keep records available for inspection.

        3. 30. Right of access to accounting records.

        4. 31. Remedy for failure to comply with request for access.

      4. Annual return, accounts and audit

        1. 32. Annual return.

        2. 32A.Statement to members following annual return.

        3. 33. Duty to appoint auditors.

        4. 34. Eligibility for appointment as auditor.

        5. 35. Appointment and removal of auditors.

        6. 36. Auditors’ report.

        7. 37. Rights of auditors.

      5. Investigation of financial affairs

        1. 37A. Power of Certification Officer to require production of documents etc.

        2. 37B. Investigations by inspectors.

        3. 37C. Inspectors’ reports etc.

        4. 37D. Expenses of investigations.

        5. 37E. Sections 37A and 37B: supplementary.

      6. Members’ superannuation schemes

        1. 38. Members’ superannuation schemes: separate fund to be maintained.

        2. 39. Examination of proposals for new scheme.

        3. 40. Periodical re-examination of existing schemes.

        4. 41. Powers of the Certification Officer.

        5. 42. Meaning of “appropriately qualified actuary".

      7. Supplementary

        1. 43. Newly-formed trade unions.

        2. 44. Discharge of duties in case of union having branches or sections.

        3. 45. Offences.

        4. 45A.Penalties and prosecution time limits.

        5. 45B.Duty to secure positions not held by certain offenders.

        6. 45C.Remedies and enforcement.

        7. 45D. Appeals from Certification Officer.

    4. Chapter IV Elections for certain positions

      1. Duty to hold elections

        1. 46. Duty to hold elections for certain positions.

      2. Requirements to be satisfied with respect to elections

        1. 47. Candidates.

        2. 48. Election addresses.

        3. 49. Appointment of independent scrutineer.

        4. 50. Entitlement to vote.

        5. 51. Voting.

        6. 51A.Counting of votes etc. by independent person.

        7. 52. Scrutineer’s report.

        8. 53. Uncontested elections.

      3. Remedy for failure to comply with requirements

        1. 54. Remedy for failure to comply with requirements: general.

        2. 55. Application to Certification Officer.

        3. 56. Application to court.

        4. 56A. Appeals from Certification Officer.

      4. Supplementary

        1. 57. Exemption of newly-formed trade unions, &c.

        2. 58. Exemption of certain persons nearing retirement.

        3. 59. Period for giving effect to election.

        4. 60. Overseas members.

        5. 61. Other supplementary provisions.

    5. Chapter V Rights of trade union members

      1. Right to a ballot before industrial action

        1. 62. Right to a ballot before industrial action.

      2. Right not to be denied access to the courts

        1. 63. Right not to be denied access to the courts.

      3. Right not to be unjustifiably disciplined

        1. 64. Right not to be unjustifiably disciplined.

        2. 65. Meaning of “unjustifiably disciplined".

        3. 66. Complaint of infringement of right.

        4. 67. Further remedies for infringement of right.

      4. Right not to suffer deduction of unauthorised or excessive union subscriptions

        1. 68. Right not to suffer deduction of unauthorised subscriptions

        2. 68A.Complaint of infringement of rights.

      5. Right to terminate membership of union

        1. 69. Right to terminate membership of union.

      6. Supplementary

        1. 70. Membership of constituent or affiliated organisation.

    6. Chapter VA Collective bargaining: recognition

      1. 70A. Recognition of trade unions.

      2. 70B. Training.

      3. 70C. Section 70B: complaint to employment tribunal.

    7. Chapter VI Application of funds for political objects

      1. Restriction on use of funds for certain political objects

        1. 71. Restriction on use of funds for political objects.

        2. 72. Political objects to which restriction applies.

        3. 72A. Application of funds in breach of section 71.

      2. Political resolution

        1. 73. Passing and effect of political resolution.

        2. 74. Approval of political ballot rules.

        3. 75. Appointment of independent scrutineer.

        4. 76. Entitlement to vote.

        5. 77. Voting.

        6. 77A. Counting of votes etc. by independent person.

        7. 78. Scrutineer’s report.

        8. 79. Remedy for failure to comply with ballot rules: general.

        9. 80. Application to Certification Officer.

        10. 81. Application to court.

      3. The political fund

        1. 82. Rules as to political fund.

        2. 83. Assets and liabilities of political fund.

        3. 84. Notice of objection to contributing to political fund.

        4. 85. Manner of giving effect to exemptions.

      4. Duties of employer who deducts union contributions

        1. 86. Certificate of exemption or objection to contributing to political fund.

        2. 87. Complaint in respect of employer’s failure.

        3. 88. Application of provisions of Wages Act 1986.

      5. Position where political resolution ceases to have effect

        1. 89. Administration of political fund where no resolution in force.

        2. 90. Discontinuance of contributions to political fund.

        3. 91. Rules to cease to have effect.

      6. Supplementary

        1. 92. Manner of making union rules.

        2. 93. Effect of amalgamation.

        3. 94. Overseas members of trade union.

        4. 95. Appeals from Certification Officer.

        5. 96. Meaning of “date of the ballot".

    8. Chapter VII Amalgamations and similar matters

      1. Amalgamation or transfer of engagements

        1. 97. Amalgamation or transfer of engagements.

        2. 98. Approval of instrument of amalgamation or transfer.

        3. 99. Notice to be given to members.

        4. 100. Requirement of ballot on resolution.

        5. 100A. Appointment of independent scrutineer.

        6. 100B. Entitlement to vote.

        7. 100C. Voting.

        8. 100D. Counting of votes etc. by independent person.

        9. 100E. Scrutineer’s report.

        10. 101. Registration of instrument of amalgamation or transfer.

        11. 101A.Listing and certification after amalgamation

        12. 101B.Supply of information by amalgamated union

        13. 102. Power to alter rules of transferee union for purposes of transfer.

        14. 103. Complaints as regards passing of resolution.

        15. 104. Appeal from decision of Certification Officer.

        16. 105. Transfer of property on amalgamation or transfer.

        17. 106. Amalgamation or transfer involving Northern Ireland union.

      2. Change of name

        1. 107. Change of name of trade union.

      3. Supplementary

        1. 108. General power to make regulations.

    9. CHAPTER VIIA BREACH OF RULES

      1. 108A. Right to apply to Certification Officer.

      2. 108B. Declarations and orders.

      3. 108C. Appeals from Certification Officer.

    10. Chapter VIII Assistance for certain legal proceedings

      1. 109. Proceedings in relation to which assistance may be provided.

      2. 110. Application for assistance: its consideration.

      3. 111. Provision of assistance.

      4. 112. Title of proceedings where assistance provided.

      5. 113. Recovery of sums paid in case of fraud.

      6. 114. Supplementary provisions.

    11. Chapter IX Miscellaneous and general provisions

      1. Further provisions with respect to ballots

        1. 115. Payments towards expenditure in connection with secret ballots.

        2. 116. Use of employer’s premises for secret ballot.

      2. Union modernisation

        1. 116A.Provision of money for union modernisation

      3. Exceptions and adaptations for certain bodies

        1. 117. Special register bodies.

        2. 118. Federated trade unions.

      4. Interpretation

        1. 119. Expressions relating to trade unions.

        2. 120. Northern Ireland unions.

        3. 121. Meaning of “the court".

  3. Part II Employers’ Associations

    1. Introductory

      1. 122. Meaning of “employers’ association".

    2. The list of employers’ associations

      1. 123. The list of employers’ associations.

      2. 124. Application to have name entered in the list.

      3. 125. Removal of name from the list.

      4. 126. Appeal against decision of Certification Officer.

    3. Status and property of employers’ associations

      1. 127. Corporate or quasi-corporate status of employers’ associations.

      2. 128. Exclusion of common law rules as to restraint of trade.

      3. 129. Property of unincorporated employers’ associations, &c.

      4. 130. Restriction on enforcement of awards against certain property.

    4. Administration of employers’ associations

      1. 131. Administrative provisions applying to employers’ associations.

    5. Application of funds for political objects

      1. 132. Application of funds for political objects.

    6. Amalgamations and similar matters

      1. 133. Amalgamations and transfers of engagements.

      2. 134. Change of name of employers’ association.

    7. General

      1. 135. Federated employers’ associations.

      2. 136. Meaning of “officer" of employers’ association.

  4. Part III Rights in relation to union membership and activities

    1. Access to employment

      1. 137. Refusal of employment on grounds related to union membership.

      2. 138. Refusal of service of employment agency on grounds related to union membership.

      3. 139. Time limit for proceedings.

      4. 140. Remedies.

      5. 141. Complaint against employer and employment agency.

      6. 142. Awards against third parties.

      7. 143. Interpretation and other supplementary provisions.

    2. Contracts for supply of goods or services

      1. 144. Union membership requirement in contract for goods or services void.

      2. 145. Refusal to deal on union membership grounds prohibited.

    3. Inducements

      1. 145A.Inducements relating to union membership or activities

      2. 145B.Inducements relating to collective bargaining

      3. 145C.Time limit for proceedings

      4. 145D.Consideration of complaint

      5. 145E.Remedies

      6. 145F.Interpretation and other supplementary provisions

    4. Detriment

      1. 146.Detriment on grounds related to union membership or activities.

      2. 147. Time limit for proceedings.

      3. 148. Consideration of complaint.

      4. 149. Remedies.

      5. 150. Awards against third parties.

      6. 151. Interpretation and other supplementary provisions.

    5. Dismissal of employee

      1. 152. Dismissal of employee on grounds related to union membership or activities.

      2. 153. Selection for redundancy on grounds related to union membership or activities.

      3. 154.Disapplication of qualifying period and upper age limit for unfair dismissal

      4. 155. Matters to be disregarded in assessing contributory fault.

      5. 156. Minimum basic award.

      6. 157. Special award of compensation.

      7. 158. Amount of special award.

      8. 159. Power to increase sums by order.

      9. 160. Awards against third parties.

      10. 161. Application for interim relief.

      11. 162. Application to be promptly determined.

      12. 163. Procedure on hearing of application and making of order.

      13. 164. Order for continuation of contract of employment.

      14. 165. Application for variation or revocation of order.

      15. 166. Consequences of failure to comply with order.

      16. 167. Interpretation and other supplementary provisions.

    6. Time off for trade union duties and activities

      1. 168. Time off for carrying out trade union duties.

      2. 168A. Time off for union learning representatives

      3. 169. Payment for time off under section 168.

      4. 170. Time off for trade union activities.

      5. 171. Time limit for proceedings.

      6. 172. Remedies.

      7. 173. Intepretation and other supplementary provisions.

    7. Right to membership of trade union

      1. 174.Right not to be excluded or expelled from union.

      2. 175.Time limit for proceedings.

      3. 176.Remedies.

      4. 177.Interpretation and other supplementary provisions.

  5. Part IV Industrial Relations

    1. Chapter I Collective bargaining

      1. Introductory

        1. 178. Collective agreements and collective bargaining.

      2. Enforceability of collective agreements

        1. 179. Whether agreement intended to be a legally enforceable contract.

        2. 180. Effect of provisions restricting right to take industrial action.

      3. Disclosure of information for purposes of collective bargaining

        1. 181. General duty of employers to disclose information.

        2. 182. Restrictions on general duty.

        3. 183. Complaint of failure to disclose information.

        4. 184. Further complaint of failure to comply with declaration.

        5. 185. Determination of claim and award.

      4. Prohibition of union recognition requirements

        1. 186. Recognition requirement in contract for goods or services void.

        2. 187. Refusal to deal on grounds of union exclusion prohibited.

    2. Chapter II Procedure for Handling Redundancies

      1. Duty of employer to consult . . . representatives

        1. 188. Duty of employer to consult . . . representatives.

        2. 188A.(1) The requirements for the election of employee representatives under...

        3. 189. Complaint . . . and protective award.

        4. 190. Entitlement under protective award.

        5. 191. Termination of employment during protected period.

        6. 192. Complaint by employee to employment tribunal.

      2. Duty of employer to notify Secretary of State

        1. 193. Duty of employer to notify Secretary of State of certain redundancies.

        2. 194. Offence of failure to notify.

      3. Supplementary provisions

        1. 195.Construction of references to dismissal as redundant etc.

        2. 196. Construction of references to representatives.

        3. 197. Power to vary provisions.

        4. 198. Power to adapt provisions in case of collective agreement.

    3. Chapter III Codes of Practice

      1. Codes of Practice issued by ACAS

        1. 199. Issue of Codes of Practice by ACAS.

        2. 200. Procedure for issue of Code by ACAS.

        3. 201. Consequential revision of Code issued by ACAS.

        4. 202. Revocation of Code issued by ACAS.

      2. Codes of Practice issued by the Secretary of State

        1. 203. Issue of Codes of Practice by the Secretary of State.

        2. 204. Procedure for issue of Code by Secretary of State.

        3. 205. Consequential revision of Code issued by Secretary of State.

        4. 206. Revocation of Code issued by Secretary of State.

      3. Supplementary provisions

        1. 207. Effect of failure to comply with Code.

        2. 207A.Effect of failure to comply with Code: adjustment of awards

        3. 208. Provisions of earlier Code superseded by later.

    4. Chapter IV General

      1. Functions of ACAS

        1. 209. General duty to promote improvement of industrial relations.

        2. 210. Conciliation.

        3. 210A.Information required by ACAS for purposes of settling recognition disputes

        4. 211. Conciliation officers.

        5. 212. Arbitration.

        6. 212A. Arbitration scheme for unfair dismissal cases etc.

        7. 212B. Dismissal procedures agreements.

        8. 213.Advice.

        9. 214. Inquiry.

      2. Courts of inquiry

        1. 215. Inquiry and report by court of inquiry.

        2. 216. Constitution and proceedings of court of inquiry.

      3. Supplementary provisions

        1. 217. Exclusion of power of arbiter to state case to Court of Session.

        2. 218. Meaning of “trade dispute" in Part IV.

  6. Part V Industrial action

    1. Protection of acts in contemplation or furtherance of trade dispute

      1. 219. Protection from certain tort liabilities.

      2. 220. Peaceful picketing.

      3. 221. Restrictions on grant of injunctions and interdicts.

    2. Action excluded from protection

      1. 222. Action to enforce trade union membership.

      2. 223. Action taken because of dismissal for taking unofficial action.

      3. 224. Secondary action.

      4. 225. Pressure to impose union recognition requirement.

    3. Requirement of ballot before action by trade union

      1. 226. Requirement of ballot before action by trade union.

      2. 226A.Notice of ballot and sample voting paper for employers.

      3. 226B.Appointment of scrutineer.

      4. 226C.Exclusion for small ballots.

      5. 227. Entitlement to vote in ballot.

      6. 228. Separate workplace ballots.

      7. 228A. Separate workplaces: single and aggregate ballots.

      8. 229. Voting paper.

      9. 230. Conduct of ballot.

      10. 231. Information as to result of ballot.

      11. 231A.Employers to be informed of ballot result.

      12. 231B.Scrutineer’s report.

      13. 232. Balloting of overseas members.

      14. 232A. Inducement of member denied entitlement to vote.

      15. 232B. Small accidental failures to be disregarded.

      16. 233. Calling of industrial action with support of ballot.

      17. 234. Period after which ballot ceases to be effective.

    4. Requirement on trade union to give notice of industrial action

      1. 234A. Notice to employers of industrial action.

      2. 235. Construction of references to contract of employment.

    5. Industrial action affecting supply of goods or services to an individual

      1. 235A.Industrial action affecting supply of goods or services to an individual.

      2. 235B.Application for assistance for proceedings under section 235A.

      3. 235C.Provisions supplementary to section 235B.

    6. No compulsion to work

      1. 236. No compulsion to work.

    7. Loss of unfair dismissal protection

      1. 237. Dismissal of those taking part in unofficial industrial action.

      2. 238. Dismissals in connection with other industrial action.

      3. 238A. Participation in official industrial action.

      4. 238B.Conciliation and mediation: supplementary provisions

      5. 239. Supplementary provisions relating to unfair dismissal.

    8. Criminal offences

      1. 240. Breach of contract involving injury to persons or property.

      2. 241. Intimidation or annoyance by violence or otherwise.

      3. 242. Restriction of offence of conspiracy: England and Wales.

      4. 243. Restriction of offence of conspiracy: Scotland.

    9. Supplementary

      1. 244. Meaning of “trade dispute" in Part V.

      2. 245. Crown employees and contracts.

      3. 246. Minor definitions.

  7. Part VI Administrative provisions

    1. ACAS

      1. 247. ACAS.

      2. 248. The Council of ACAS.

      3. 249. Terms of appointment of members of Council.

      4. 250. Remuneration, &c. of members of Council.

      5. 251. Secretary, officers and staff of ACAS.

      6. 251A.Fees for exercise of functions by ACAS.

      7. 252. General financial provisions.

      8. 253. Annual report and accounts.

    2. The Certification Officer

      1. 254. The Certification Officer.

      2. 255. Remuneration, &c. of Certification Officer and assistants.

      3. 256. Procedure before the Certification Officer.

      4. 256ZA.Striking out

      5. 256A. Vexatious litigants.

      6. 256B. Vexatious litigants: applications disregarded.

      7. 257. Custody of documents submitted under earlier legislation.

      8. 258. Annual report and accounts.

    3. Central Arbitration Committee

      1. 259. The Central Arbitration Committee.

      2. 260. The members of the Committee.

      3. 261. Terms of appointment of members of Committee.

      4. 262. Remuneration, &c. of members of Committee.

      5. 263. Proceedings of the Committee.

      6. 263A. Proceedings of the Committee under Schedule A1.

      7. 264. Awards of the Committee.

      8. 265. Annual report and accounts.

    4. The Commissioner for the Rights of Trade Union Members

      1. 266. The Commissioner.

      2. 267. Terms of appointment of Commissioner.

      3. 268. Remuneration, pension, &c.

      4. 269. Staff of the Commissioner.

      5. 270. Financial provisions.

      6. 271. Annual report and accounts.

    5. Supplementary

      1. 272. Meaning of financial year.

  8. Part VII Miscellaneous and general

    1. Crown employment, etc.

      1. 273. Crown employment.

      2. 274. Armed forces.

      3. 275. Exemption on grounds of national security.

      4. 276. Further provision as to Crown application.

    2. House of Lords and House of Commons staff

      1. 277. House of Lords staff.

      2. 278. House of Commons staff.

    3. Health service practitioners

      1. 279. Health service practitioners.

    4. Police service

      1. 280. Police service.

    5. Excluded classes of employment

      1. 281. Part-time employment.

      2. 282. Short-term employment.

      3. 283. Mariners.

      4. 284. Share fishermen.

      5. 285. Employment outside Great Britain.

      6. 286. Power to make further provision as to excluded classes of employment.

    6. Offshore employment

      1. 287. Offshore employment.

    7. Contracting out, &c.

      1. 288. Restriction on contracting out.

      2. 289. Employment governed by foreign law.

    8. Employment tribunal proceedings

      1. 290. General provisions as to conciliation.

      2. 291. Right of appeal from industrial tribunal.

    9. Other supplementary provisions

      1. 292. Death of employee or employer.

      2. 293. Regulations.

      3. 294. Reciprocal arrangements with Northern Ireland.

    10. Interpretation

      1. 295. Meaning of employee and related expressions.

      2. 296. Meaning of worker and related expressions.

      3. 297. Associated employers.

      4. 298. Minor definitions: general.

      5. 299. Index of defined expressions.

    11. Final provisions

      1. 300. Repeals, consequential amendments, transitional provisions and savings.

      2. 301. Extent.

      3. 302. Commencement.

      4. 303. Short title.

  9. SCHEDULES

    1. SCHEDULE A1

      Collective Bargaining: Recognition

      1. Part I Recognition

        1. Introduction

          1. 1.A trade union (or trade unions) seeking recognition to be...

          2. 2.(1) This paragraph applies for the purposes of this Part...

          3. 3.(1) This paragraph applies for the purposes of this Part...

        2. Request for recognition

          1. 4.(1) The union or unions seeking recognition must make a...

          2. 5.The request is not valid unless it is received by...

          3. 6.The request is not valid unless the union (or each...

          4. 7.(1) The request is not valid unless the employer, taken...

          5. 8.The request is not valid unless it—

          6. 9.The Secretary of State may by order made by statutory...

        3. Parties agree

          1. 10.(1) If before the end of the first period the...

        4. Employer rejects request

          1. 11.(1) This paragraph applies if— (a) before the end of...

        5. Negotiations fail

          1. 12.(1) Sub-paragraph (2) applies if— (a) the employer informs the...

        6. Acceptance of applications

          1. 13.The CAC must give notice to the parties of receipt...

          2. 14.(1) This paragraph applies if— (a) two or more relevant...

          3. 15.(1) This paragraph applies to these applications—

          4. 16.(1) If an application under paragraph 19F(5) or 11 or...

        7. Notice to cease consideration of application

          1. 17.(1) This paragraph applies if the CAC has received an...

        8. Appropriate bargaining unit

          1. 18.(1) If the CAC accepts an application under paragraph 11(2)...

          2. 18A.(1) This paragraph applies if the CAC accepts an application...

          3. 19.(1) This paragraph applies if— (a) the CAC accepts an...

          4. 19A.(1) This paragraph applies if— (a) the CAC accepts an...

          5. 19B.(1) This paragraph applies if the CAC has to decide...

        9. Union communications with workers after acceptance of application

          1. 19C.(1) This paragraph applies if the CAC accepts an application...

          2. 19D.(1) An employer who is informed by the CAC under...

          3. 19E.(1) During the initial period, the appointed person must if...

          4. 19F.(1) If the CAC is satisfied that the employer has...

        10. Union recognition

          1. 20.(1) This paragraph applies if— (a) the CAC accepts an...

          2. 21.(1) This paragraph applies if— (a) the CAC accepts an...

          3. 22.(1) This paragraph applies if— (a) the CAC proceeds with...

          4. 23.(1) This paragraph applies if— (a) the CAC proceeds with...

          5. 24.(1) This paragraph applies if the CAC gives notice under...

          6. 25.(1) This paragraph applies if the CAC arranges under paragraph...

          7. 26.(1) An employer who is informed by the CAC under...

          8. 27.(1) If the CAC is satisfied that the employer has...

          9. 27A.(1) Each of the parties informed by the CAC under...

          10. 27B.(1) A party may complain to the CAC that another...

          11. 27C.(1) This paragraph applies if the CAC decides that a...

          12. 27D.(1) This paragraph applies if the CAC issues a declaration...

          13. 27E.(1) This paragraph applies if the CAC issues a declaration...

          14. 27F.(1) This paragraph applies if the CAC gives a notice...

          15. 28.(1) This paragraph applies if the holding of a ballot...

          16. 29.(1) As soon as is reasonably practicable after the CAC...

          17. 30.(1) This paragraph applies if the CAC issues a declaration...

          18. 31.(1) This paragraph applies if an application for assistance is...

        11. Method not carried out

          1. 32.(1) This paragraph applies if— (a) the CAC issues a...

        12. General provisions about admissibility

          1. 33.An application under paragraph 11 or 12 is not admissible...

          2. 34.An application under paragraph 11 or 12 is not admissible...

          3. 35.(1) An application under paragraph 11 or 12 is not...

          4. 36.(1) An application under paragraph 11 or 12 is not...

          5. 37.(1) This paragraph applies to an application made by more...

          6. 38.(1) This paragraph applies if— (a) the CAC accepts a...

          7. 39.(1) This paragraph applies if the CAC accepts a relevant...

          8. 40.(1) This paragraph applies if the CAC issues a declaration...

          9. 41.(1) This paragraph applies if the CAC issues a declaration...

          10. 42.(1) This paragraph applies for the purposes of paragraphs 39...

          11. 43.(1) Paragraphs 44 to 50 apply if the CAC has...

          12. 44.(1) The application in question is invalid if the CAC...

          13. 45.The application in question is invalid unless the CAC decides...

          14. 46.(1) This paragraph applies if— (a) the CAC accepts an...

          15. 47.(1) This paragraph applies if the CAC accepts an application...

          16. 48.(1) This paragraph applies if the CAC issues a declaration...

          17. 49.(1) This paragraph applies if the CAC issues a declaration...

          18. 50.(1) This paragraph applies for the purposes of paragraphs 47...

        13. Competing applications

          1. 51.(1) For the purposes of this paragraph—

      2. Part II Voluntary Recognition

        1. Agreements for recognition

          1. 52.(1) This paragraph applies for the purposes of this Part...

        2. Other interpretation

          1. 53.(1) This paragraph applies for the purposes of this Part...

          2. 54.(1) This paragraph applies for the purposes of this Part...

        3. Determination of type of agreement

          1. 55.(1) This paragraph applies if one or more of the...

        4. Termination of agreement for recognition

          1. 56.(1) The employer may not terminate an agreement for recognition...

          2. 57.(1) If an agreement for recognition is terminated, as from...

        5. Application to CAC to specify method

          1. 58.(1) This paragraph applies if the parties make an agreement...

          2. 59.(1) This paragraph applies if— (a) the parties to an...

          3. 60.(1) This paragraph applies if an application for assistance is...

          4. 61.(1) An application to the CAC is not admissible unless—...

        6. CAC’s response to application

          1. 62.(1) The CAC must give notice to the parties of...

          2. 63.(1) If the CAC accepts an application it must try...

      3. Part III Changes affecting bargaining unit

        1. Introduction

          1. 64.(1) This Part of this Schedule applies if—

          2. 65.References in this Part of this Schedule to the parties...

        2. Either party believes unit no longer appropriate

          1. 66.(1) This paragraph applies if the employer believes or the...

          2. 67.(1) An application under paragraph 66 is not admissible unless...

          3. 68.(1) The CAC must give notice to the parties of...

          4. 69.(1) This paragraph applies if— (a) the CAC gives notice...

          5. 70.(1) This paragraph applies if— (a) the CAC gives notice...

          6. 71.If the CAC gives notice under paragraph 70 of a...

          7. 72.Paragraph 82 applies if the CAC gives notice under paragraph...

          8. 73.(1) This paragraph applies if— (a) the parties agree under...

        3. Employer believes unit has ceased to exist

          1. 74.(1) If the employer— (a) believes that the original unit...

          2. 75.(1) Paragraph 76 applies if— (a) the CAC gives notice...

          3. 76.(1) The CAC must give notice to the parties of...

          4. 77.(1) If the CAC accepts an application it—

          5. 78.(1) This paragraph applies if— (a) the CAC gives notice...

          6. 79.(1) This paragraph applies if— (a) the CAC gives notice...

          7. 80.Paragraph 82 applies if the CAC gives notice under paragraph...

          8. 81.(1) This paragraph applies if— (a) the parties agree under...

        4. Position where CAC decides new unit

          1. 82.(1) This paragraph applies if the CAC gives notice under...

          2. 83.(1) This paragraph applies if in the CAC’s opinion the...

          3. 84.(1) This paragraph applies if in the CAC’s opinion the...

          4. 85.(1) If the CAC’s opinion is not that mentioned in...

          5. 86.(1) This paragraph applies if the CAC decides under paragraph...

          6. 87.(1) This paragraph applies if— (a) the CAC decides both...

          7. 88.(1) This paragraph applies if— (a) the CAC decides both...

          8. 89.(1) If the CAC gives notice under paragraph 87(3) or...

        5. Residual workers

          1. 90.(1) This paragraph applies if— (a) the CAC decides an...

          2. 91.(1) This paragraph applies if— (a) the CAC has proceeded...

        6. Applications under this Part

          1. 92.(1) An application to the CAC under this Part of...

        7. Withdrawal of application

          1. 93.(1) If an application under paragraph 66 or 75 is...

        8. Meaning of collective bargaining

          1. 94.(1) This paragraph applies for the purposes of this Part...

        9. Method of collective bargaining

          1. 95.(1) This paragraph applies for the purposes of this Part...

      4. Part IV Derecognition: General

        1. Introduction

          1. 96.(1) This Part of this Schedule applies if the CAC...

          2. 97.For the purposes of this Part of this Schedule the...

          3. 98.References in this Part of this Schedule to the parties...

        2. Employer employs fewer than 21 workers

          1. 99.(1) This paragraph applies if— (a) the employer believes that...

          2. 99A.(1) A notice given for the purposes of paragraph 99(2)...

          3. 100.(1) If an employer gives notice for the purposes of...

          4. 101.(1) This paragraph applies if— (a) the CAC gives notice...

          5. 102.(1) The CAC must give notice to the parties of...

          6. 103.(1) If the CAC accepts an application it—

        3. Employer’s request to end arrangements

          1. 104.(1) This paragraph and paragraphs 105 to 111 apply if...

          2. 105.(1) If before the end of the first period the...

          3. 106.(1) This paragraph applies if— (a) before the end of...

          4. 107.(1) This paragraph applies if — (a) the union informs...

          5. 108.(1) An application under paragraph 106 or 107 is not...

          6. 109.(1) An application under paragraph 106 or 107 is not...

          7. 110.(1) An application under paragraph 106 or 107 is not...

          8. 111.(1) The CAC must give notice to the parties of...

        4. Workers’ application to end arrangements

          1. 112.(1) A worker or workers falling within the bargaining unit...

          2. 113.(1) An application under paragraph 112 is not admissible if—...

          3. 114.(1) An application under paragraph 112 is not admissible unless...

          4. 115.(1) The CAC must give notice to the worker (or...

          5. 116.(1) If the CAC accepts the application, in the negotiation...

        5. Ballot on derecognition

          1. 117.(1) This paragraph applies if the CAC accepts an application...

          2. 118.(1) An employer who is informed by the CAC under...

          3. 119.(1) If the CAC is satisfied that the employer has...

          4. 119A.(1) Each of the parties informed by the CAC under...

          5. 119B.(1) A party may complain to the CAC that another...

          6. 119C.(1) This paragraph applies if the CAC decides that a...

          7. 119D.(1) This paragraph applies if the CAC issues a declaration...

          8. 119E.(1) This paragraph applies if the CAC issues a declaration...

          9. 119F.(1) This paragraph applies if the CAC makes arrangements under...

          10. 119G.(1) Paragraphs 119A to 119C, 119E and 119F apply in...

          11. 119H.(1) This paragraph applies in relation to an application under...

          12. 119I.(1) This paragraph applies if— (a) a ballot has been...

          13. 120.(1) This paragraph applies if the holding of a ballot...

          14. 121.(1) As soon as is reasonably practicable after the CAC...

      5. Part V Derecognition where recognition automatic

        1. Introduction

          1. 122.(1) This Part of this Schedule applies if—

          2. 123.(1) This Part of this Schedule also applies if—

          3. 124.(1) This Part of this Schedule also applies if the...

          4. 125.For the purposes of this Part of this Schedule the...

          5. 126.References in this Part of this Schedule to the parties...

        2. Employer’s request to end arrangements

          1. 127.(1) The employer may after the relevant date request the...

          2. 128.(1) If before the end of the negotiation period the...

          3. 129.(1) An application under paragraph 128 is not admissible unless—...

          4. 130.(1) An application under paragraph 128 is not admissible if—...

          5. 131.(1) An application under paragraph 128 is not admissible unless...

          6. 132.(1) The CAC must give notice to the parties of...

        3. Ballot on derecognition

          1. 133.(1) Paragraph 117 applies if the CAC accepts an application...

      6. Part VI Derecognition where union not independent

        1. Introduction

          1. 134.(1) This Part of this Schedule applies if—

          2. 135.In this Part of this Schedule— (a) references to the...

          3. 136.The meaning of collective bargaining given by section 178(1) shall...

        2. Workers’ application to end arrangements

          1. 137.(1) A worker or workers falling within the bargaining unit...

          2. 138.An application under paragraph 137 is not admissible if the...

          3. 139.(1) An application under paragraph 137 is not admissible unless...

          4. 140.An application under paragraph 137 is not admissible if the...

          5. 141.(1) The CAC must give notice to the worker (or...

          6. 142.(1) If the CAC accepts the application, in the negotiation...

          7. 143.(1) This paragraph applies if— (a) the CAC accepts an...

          8. 144.(1) This paragraph applies if the CAC is subsequently satisfied...

          9. 145.(1) This paragraph applies if the CAC is subsequently satisfied...

          10. 146.(1) This paragraph applies if— (a) the CAC accepts an...

        3. Ballot on derecognition

          1. 147.(1) Paragraph 117 applies if— (a) the CAC accepts an...

        4. Derecognition: other cases

          1. 148.(1) This paragraph applies if as a result of a...

      7. Part VII Loss of independence

        1. Introduction

          1. 149.(1) This Part of this Schedule applies if the CAC...

          2. 150.(1) This Part of this Schedule also applies if—

          3. 151.References in this Part of this Schedule to the parties...

        2. Loss of certificate

          1. 152.(1) This paragraph applies if— (a) only one union is...

        3. Certificate re-issued

          1. 153.(1) This paragraph applies if— (a) only one union is...

        4. Miscellaneous

          1. 154.Parts III to VI of this Schedule shall not apply...

          2. 155.If— (a) by virtue of paragraph 153 the bargaining arrangements...

      8. Part VIII Detriment

        1. Detriment

          1. 156.(1) A worker has a right not to be subjected...

          2. 157.(1) An employment tribunal shall not consider a complaint under...

          3. 158.On a complaint under paragraph 156 it shall be for...

          4. 159.(1) If the employment tribunal finds that a complaint under...

          5. 160.(1) If the employment tribunal finds that a complaint under...

        2. Dismissal

          1. 161.(1) For the purposes of Part X of the Employment...

        3. Selection for redundancy

          1. 162.For the purposes of Part X of the Employment Rights...

        4. Employees with fixed-term contracts

          1. 163.Section 197(1) of the Employment Rights Act 1996 (fixed-term contracts)...

        5. Exclusion of requirement as to qualifying period

          1. 164.Sections 108 and 109 of the Employment Rights Act 1996...

        6. Meaning of worker’s contract

          1. 165.References in this Part of this Schedule to a worker’s...

      9. Part IX General

        1. Rights of appeal against demands for costs

          1. 165A.(1) This paragraph applies where a demand has been made...

        2. Power to amend

          1. 166.(1) This paragraph applies if the CAC represents to the...

          2. 166A.(1) This paragraph applies in relation to any provision of...

          3. 166B.(1) The Secretary of State may by order provide that,...

        3. Guidance

          1. 167.(1) The Secretary of State may issue guidance to the...

        4. Method of conducting collective bargaining

          1. 168.(1) After consulting ACAS the Secretary of State may by...

        5. Effect of union amalgamations and transfers of engagements

          1. 169A.(1) The Secretary of State may by order make provision...

        6. Effect of change of identity of employer

          1. 169B.(1) The Secretary of State may by order make provision...

        7. Orders under paragraphs 169A and 169B: supplementary

          1. 169C.(1) An order under paragraph 169A or 169B may—

        8. Directions about certain applications

          1. 169.(1) The Secretary of State may make to the CAC...

        9. Notice of declarations

          1. 170.(1) If the CAC issues a declaration under this Schedule...

        10. Supply of information to CAC

          1. 170A.(1) The CAC may, if it considers it necessary to...

        11. CAC’s general duty

          1. 171.In exercising functions under this Schedule in any particular case...

        12. “Pay” and other matters subject to collective bargaining

          1. 171A.(1) In this Schedule “ pay ” does not include...

        13. General interpretation

          1. 172.(1) References in this Schedule to the CAC are to...

    2. SCHEDULE A2

      Tribunal jurisdictions to which section 207A applies

      1. Section 2 of the Equal Pay Act 1970 (c. 41)...

    3. SCHEDULE 1

      Repeals

    4. SCHEDULE 2

      Consequential amendments

      1. Parliamentary Commissioner Act 1967 (c.13)

        1. 1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. Transport Act 1968 (c.73)

        1. 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. Equal Pay Act 1970 (c.41)

        1. 3.(1) The Equal Pay Act 1970 is amended as follows....

      4. House of Commons Disqualification Act 1975 (c.24)

        1. 4.(1) The House of Commons Disqualification Act 1975 is amended...

      5. Social Security Pensions Act 1975 (c.60)

        1. 5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. Sex Discrimination Act 1975 (c.65)

        1. 6.In Part VIII of the Sex Discrimination Act 1975 (supplementary...

      7. Race Relations Discrimination Act 1976 (c.74)

        1. 7.In Part X of the Race Relations Act 1976 (supplementary...

      8. Aircraft and Shipbuilding Industries Act 1977 (c.3)

        1. 8.(1) The Aircraft and Shipbuilding Industries Act 1977 is amended...

      9. Patents Act 1977 (c.37)

        1. 9.In section 40 of the Patents Act 1977 (compensation for...

      10. House of Commons (Administration) Act 1978 (c.36)

        1. 10.In Schedule 1 to the House of Commons (Administration) Act...

      11. Employment Protection (Consolidation) Act 1978 (c.44)

        1. 11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        3. 13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        4. 14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        5. 15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        6. 16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        7. 17.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        8. 18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        9. 19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        10. 20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        11. 21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        12. 22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        13. 23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        14. 24.(1) Schedule 9 to the Employment Protection (Consolidation) Act 1978...

        15. 25.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      12. Crown Agents Act 1979 (c.43)

        1. 26.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      13. Agricultural Training Board Act 1982 (c.9)

        1. 27.In section 12 of the Agricultural Training Board Act 1982...

      14. Industrial Training Act 1982 (c.10)

        1. 28.In section 21 of the Industrial Training Act 1982 (short...

      15. Oil and Gas (Enterprise) Act 1982 (c.23)

        1. 29.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      16. Employment Act 1982 (c.46)

        1. 30.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      17. Insurance Companies Act 1982 (c.50)

        1. 31.In section 2(2) of the Insurance Companies Act 1982 (exceptions...

      18. Value Added Tax Act 1983 (c.55)

        1. 32.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      19. Insolvency Act 1986 (c.45)

        1. 33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      20. Wages Act 1986 (c.48)

        1. 34.(1) The Wages Act 1986 is amended as follows.

      21. Building Societies Act 1986 (c.53)

        1. 35.In section 7(4)(c)(iii) of the Building Societies Act 1986 (shares...

      22. Sex Discrimination Act 1986 (c.59)

        1. 36.In section 6 of the Sex Discrimination Act 1986 (application...

      23. Income and Corporation Taxes Act 1988 (c.1)

        1. 37.In section 467 of the Income and Corporation Taxes Act...

      24. Local Government Act 1988 (c.9)

        1. 38.In section 17 of the Local Government Act 1988 (local...

      25. Local Government and Housing Act 1989 (c.42)

        1. 39.(1) In section 12 of the Local Government and Housing...

      26. Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992 No. 807 (N.I. 5))

        1. 40.(1) The Industrial Relations (Northern Ireland) Order 1992 is amended...

    5. SCHEDULE 3

      Transitional provisions and savings

      1. Continuity of the law

        1. 1.(1) The repeal and re-enactment of provisions in this Act...

      2. General saving for old transitional provisions and savings

        1. 2.(1) The repeal by this Act of a transitional provision...

      3. Effect of repeal of 1946 Act

        1. 3.The repeal by this Act of the Trade Disputes and...

      4. Pre-1974 references to registered trade unions or employers’ associations

        1. 4.(1) Any reference in an enactment passed, or instrument made...

      5. Enforceability of collective agreements

        1. 5.Section 179 of this Act (enforceability of collective agreements) does...

      6. Trade unions and employers’ associations ceasing to be incorporated by virtue of 1974 Act

        1. 6.(1) The repeal by this Act of section 19 of...

      7. References to former Industrial Arbitration Board

        1. 7.Any reference to the former Industrial Arbitration Board in relation...

      8. Effect of political resolution passed before 1984 amendments

        1. 8.A resolution under section 3 of the Trade Union Act...

      9. Persons elected to trade union office before 1988 amendments

        1. 9.(1) In relation to a person who was, within the...

        2. 10.In relation to a person who was elected to a...

      10. Qualification to act as auditor of trade union or employers’ association

        1. 11.(1) Nothing in section 34 (eligibility for appointment as auditor)...

      11. Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5))

        1. 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      12. Use of existing forms, &c.

        1. 13.Any document made, served or issued on or after the...

      13. Saving for power to vary or revoke

        1. 14.The power of the Secretary of State by further order...

    6. TABLE OF DERIVATIONS

      1. The following abbreviations are used in this Table:— 1875 Conspiracy...

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