Employment Relations Act 2004

Prospective

15Power to amend Schedule A1 to the 1992 ActE+W+S

This sectionnoteType=Explanatory Notes has no associated

(1)Paragraph 166 of Schedule A1 to the 1992 Act (power of Secretary of State to amend that Schedule) is amended as follows.

(2)For sub-paragraphs (1) and (2) substitute—

(1)This paragraph applies if the CAC represents to the Secretary of State that a provision of this Schedule has an unsatisfactory effect and should be amended.

(2)The Secretary of State, with a view to rectifying the effect—

(a)may amend the provision by exercising (if applicable) any of the powers conferred on him by paragraphs 7(6), 29(5), 121(6), 166A, 166B, 169A, 169B and 171A, or

(b)may amend the provision by order in such other way as he thinks fit.

(2A)The Secretary of State need not proceed in a way proposed by the CAC (if it proposes one).

(2B)Nothing in this paragraph prevents the Secretary of State from exercising any of the powers mentioned in sub-paragraph (2)(a) in the absence of a representation from the CAC.

(3)In sub-paragraph (3), for “this paragraph” substitute “ sub-paragraph (2)(b) ”.