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Employment Relations Act 2004

Power to make provision about effect of amalgamations etc.

118.Section 18 inserts paragraphs 169A, 169B and 169C into the Schedule. Paragraph 169A provides an order-making power for the Secretary of State to make provision for any case where anything has been done under or for the purposes of the Schedule by or in relation to a union and that union amalgamates or transfers all or any of its engagements. For example, such an order may specify what will happen to an award of recognition where the union(s) in respect of which the award was made merges with another union or unions. The term “transfer of engagements” also covers the case where a union breaks up with the result that a section that was formerly a part of it becomes a union in its own right.

119.Paragraph 169A(2) has the effect that an order under this paragraph may make provision for cases where an amalgamated union, or union to which engagements have been transferred, does not have a certificate of independence.

120.Paragraph 169B contains a similar order-making power for the Secretary of State to make provision for any case where anything has been done under the purposes of the Schedule by or in relation to a group of workers and the employer of any of those workers is no longer their employer, by reason of a business transfer or otherwise.

121.Paragraph 169C provides that an order under paragraphs 169A or 169B must be approved by both Houses of Parliament.

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