Textual Amendments
F1Sch. 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)
C1Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)
C2Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)
[F227C(1)This paragraph applies if the CAC decides that a complaint under paragraph 27B is well-founded.E+W+S
(2)The CAC must, as soon as is reasonably practicable, issue a declaration to that effect.
(3)The CAC may do either or both of the following—
(a)order the party concerned to take any action specified in the order within such period as may be so specified, or
(b)give notice to the employer and to the union (or unions) that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
(4)The CAC may give an order or a notice under sub-paragraph (3) either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before it acts under paragraph 29.
(5)The action specified in an order under sub-paragraph (3)(a) shall be such as the CAC considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 27A.
(6)The CAC may give more than one order under sub-paragraph (3)(a).]
Textual Amendments
F2Sch. A1 para. 27A-27F inserted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 10(1), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)