SCHEDULES

F1C1C2SCHEDULE A1 Collective Bargaining: Recognition

Annotations:
Amendments (Textual)
F1

Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)

Modifications etc. (not altering text)
C1

Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)

Part IX General

F2 “Pay” and other matters subject to collective bargaining

Annotations:
Amendments (Textual)
F2

Sch. A1 para. 171A and preceding cross-heading inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 20, 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

171A

1

In this Schedule “pay” does not include terms relating to a person’s membership of or rights under, or his employer’s contributions to—

a

an occupational pension scheme (as defined by section 1 of the Pension Schemes Act 1993), or

b

a personal pension scheme (as so defined).

2

The Secretary of State may by order amend sub-paragraph (1).

3

The Secretary of State may by order—

a

amend paragraph 3(3), 54(4) or 94(6)(b) by adding specified matters relating to pensions to the matters there specified to which negotiations may relate;

b

amend paragraph 35(2)(b) or 44(2)(b) by adding specified matters relating to pensions to the core topics there specified.

4

An order under this paragraph may—

a

include supplementary, incidental, saving or transitional provisions including provision amending this Schedule, and

b

make different provision for different cases.

5

An order under this paragraph may make provision deeming—

a

the matters to which any pre-commencement declaration of recognition relates, and

b

the matters to which any pre-commencement method of collective bargaining relates,

to include matters to which a post-commencement declaration of recognition or method of collective bargaining could relate.

6

In sub-paragraph (5)—

  • “pre-commencement declaration of recognition” means a declaration of recognition issued by the CAC before the coming into force of the order,

  • “pre-commencement method of collective bargaining” means a method of collective bargaining specified by the CAC before the coming into force of the order,

  • and references to a post-commencement declaration of recognition or method of collective bargaining shall be construed accordingly.

7

An order under this paragraph shall be made by statutory instrument; and no such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.