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The Trade Union and Labour Relations (Northern Ireland) Order 1995

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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Trade Union and Labour Relations (Northern Ireland) Order 1995. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II TRADE UNION ADMINISTRATION

    1. Register of members' names and addresses

      1. 3.Duty to maintain register of members' names and addresses

      2. 4.Securing confidentiality of register during ballots

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

      4. 6.Remedy for failure: application to High Court

    2. Financial affairs of unions, etc.

      1. 7.Annual return to include additional information

      2. 8.Statement to members following annual return

      3. 9.Investigation of financial affairs

      4. 10.Offences

      5. 11.Disqualification of offenders

  4. PART III ELECTIONS FOR CERTAIN POSITIONS

    1. Duty to hold elections

      1. 12.Duty to hold elections for certain positions

    2. Requirements to be satisfied with respect to elections

      1. 13.Candidates

      2. 14.Election addresses

      3. 15.Appointment of independent scrutineer

      4. 16.Entitlement to vote

      5. 17.Voting

      6. 18.Counting of votes etc. by independent person

      7. 19.Scrutineer's report

      8. 20.Uncontested elections

    3. Remedy for failure to comply with requirements

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

      2. 22.Application to Certification Officer

      3. 23.Application to High Court

    4. Supplementary

      1. 24.Exemption of newly-formed trade unions, etc.

      2. 25.Exemption of certain persons nearing retirement

      3. 26.Period for giving effect to election

      4. 27.Overseas members

      5. 28.Other supplementary provisions

  5. PART IV RIGHTS IN RELATION TO TRADE UNION MEMBERSHIP

    1. Right to a ballot before industrial action

      1. 29.Right to a ballot before industrial action

    2. Right not to be denied access to the courts

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

    3. Right not to be unjustifiably disciplined

      1. 31.Right not to be unjustifiably disciplined

      2. 32.Meaning of “unjustifiably disciplined”

      3. 33.Complaint of infringement of right

      4. 34.Further remedies for infringement of right

    4. Right not to suffer deduction of unauthorised union subscriptions

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

      2. 36.Complaint of infringement of rights

    5. Right to terminate membership of union

      1. 37.Right to terminate membership of union

    6. Right not to be expelled from trade union

      1. 38.Right not to be expelled from union

      2. 39.Time limit for proceedings

      3. 40.Remedies

      4. 41.Interpretation and other supplementary provisions

    7. Access to employment

      1. Art. 42 rep. by 1996 NI 16

    8. Action short of dismissal

      1. Art. 43 rep. by 1996 NI 16

    9. Supplementary

      1. 44.Membership of constituent or affiliated organisation

  6. PART IVA COLLECTIVE BARGAINING: RECOGNITION

    1. 44A.Recognition of trade unions

    2. 44B.Training

    3. 44C.Article 44B: complaint to industrial tribunal

  7. PART V APPLICATION OF FUNDS FOR POLITICAL OBJECTS

    1. Restriction on use of funds for certain political objects

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

      2. 46.Political objects to which restriction applies

      3. 46A.Application of funds in breach of Article 45

    2. Political resolution

      1. 47.Passing and effect of political resolution

      2. 48.Approval of political ballot rules

      3. 49.Appointment of independent scrutineer

      4. 50.Entitlement to vote

      5. 51.Voting

      6. 52.Counting of votes etc. by independent person

      7. 53.Scrutineer's report

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

      9. 55.Application to Certification Officer

      10. 56.Application to High Court

    3. The political fund

      1. 57.Rules as to political fund

      2. 58.Assets and liabilities of political fund

      3. 59.Contributions to the political fund from members of the union

    4. Duties of employer who deducts union contributions

      1. 60.Employer not to deduct contributions where member gives certificate

      2. 61.Complaint in respect of employer's failure

      3. Art. 62 rep. by 1998 NI 8

    5. Position where political resolution ceases to have effect

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

      2. 64.Discontinuance of contributions to political fund

      3. 65.Rules to cease to have effect

    6. Supplementary

      1. 66.Manner of making union rules

      2. 67.Effect of amalgamation

      3. 68.Overseas members

      4. Art. 69 rep. by 1999 NI 9

      5. 70.Meaning of “date of the ballot”

      6. 71.Application to Great Britain unions and members

      7. 72.Application of Part V to certain bodies

  8. PART VI AMALGAMATIONS AND SIMILAR MATTERS

    1. Amalgamation or transfer of engagements

      1. 73.Amalgamation or transfer of engagements

      2. 74.Approval of instrument of amalgamation or transfer

      3. 75.Notice to be given to members

      4. 76.Requirement of ballot on resolution

      5. 77.Appointment of independent scrutineer

      6. 78.Entitlement to vote

      7. 79.Voting

      8. 80.Counting of votes etc. by independent person

      9. 81.Scrutineer's report

      10. 82.Registration of instrument of amalgamation or transfer

      11. 82A.Listing and certification after amalgamation

      12. 82B.Supply of information by amalgamated union

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

      14. 84.Complaints as regards passing of resolution

      15. Art. 85 rep. by 1999 NI 9

      16. 86.Transfer of property on amalgamation or transfer

      17. 87.Amalgamation or transfer involving Great Britain union

    2. Change of name

      1. 88.Change of name of trade union

    3. Supplementary

      1. 89.General power to make regulations

      2. 90.Application of Part VI to employers' associations

  9. PART VIA BREACH OF RULES

    1. 90A.Right to apply to Certification Officer

    2. 90B.Declarations and orders

  10. Part VII rep. by 1999 NI 9

  11. PART VIII INDUSTRIAL ACTION

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

      1. 97.Protection from certain tort liabilities

      2. 98.Peaceful picketing

      3. 99.Restrictions on grant of injunctions

    2. Action excluded from protection

      1. 100.Action to enforce trade union membership

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

      3. 102.Secondary action

      4. 103.Pressure to impose union recognition requirement

    3. Requirement of ballot before action by trade union

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

      2. 105.Notice of ballot and sample voting paper for employers

      3. 106.Appointment of independent scrutineer

      4. 107.Exclusion for small ballots

      5. 108.Entitlement to vote

      6. 109.Separate workplace ballots

      7. 109A.Separate workplaces: single and aggregate ballots

      8. 110.Voting

      9. 111.Conduct of ballot

      10. 112.Information as to result of ballot

      11. 113.Employers to be informed of ballot result

      12. 114.Scrutineer's report

      13. 115.Overseas members

      14. 115A.Inducement of member denied entitlement to vote

      15. 115B.Small accidental failures to be disregarded

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

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

      18. 118.Notice to employers of industrial action

      19. 119.Construction of references to contract of employment

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

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

      2. Arts. 121, 122 rep. by 1999 NI 9

    5. No compulsion to work

      1. 123.No compulsion to work

    6. Criminal offences

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

      2. 125.Intimidation or annoyance by violence or otherwise

      3. 126.Restriction of offence of conspiracy

    7. Supplementary

      1. 127.Meaning of “trade dispute” in Part VIII

      2. 128.Crown employees and contracts

      3. 129.Minor definitions

  12. Part IX rep. by 1999 NI 9

  13. PART X MISCELLANEOUS AMENDMENTS

    1. Unfair dismissal

      1. Art. 136 rep. by 1996 NI 16

    2. Liability of trade union in certain proceedings in tort

      1. 137.Liability of trade union in proceedings in tort

    3. The Agency

      1. 138.Functions of the Agency

      2. 139.Fees for exercise of functions by Agency

    4. Ballots

      1. 140.Ballots: repeal of provisions for financial assistance and use of employers' premises

  14. PART XI MISCELLANEOUS AND GENERAL

    1. Crown employment, etc.

      1. 141.Crown employment

      2. 142.Armed forces

      3. 143.Exemption on grounds of national security

    2. Health service practitioners

      1. 144.Health service practitioners

    3. Police service

      1. 145.Police service

    4. Contracting out, etc.

      1. 146.Restriction on contracting out

      2. 147.Employment governed by foreign law

    5. Extension of certain time limits

      1. 147A.Extension of time limits to facilitate conciliation before institution of proceedings

    6. Industrial tribunal proceedings

      1. Art.148 rep. by 1996 NI 18

    7. Regulations and orders

      1. 149.Regulations and orders

    8. Amendments, transitional provisions and repeals

      1. 150.Amendments, transitional provisions and repeals

  15. SCHEDULES

    1. Schedule 1 rep. by 1996 NI 16

    2. SCHEDULE 1A

      COLLECTIVE BARGAINING: RECOGNITION

      1. PART I RECOGNITION

        1. Introduction

          1. 1.A trade union (or trade unions) seeking recognition to be entitled to conduct collective bargaining...

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

          3. 3.(1) This paragraph applies for the purposes of this Part. (2) References to collective bargaining...

        2. Request for recognition

          1. 4.(1) The union or unions seeking recognition must make a request for recognition to the...

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

          3. 6.The request is not valid unless the union (or each of the unions) has a...

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

          5. 8.The request is not valid unless it— (a) is in writing, (b) identifies the union...

          6. 9.The Department may by order prescribe the form of requests and the procedure for making...

        3. Parties agree

          1. 10.(1) If before the end of the first period the parties agree a bargaining unit...

        4. Employer rejects request

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

        5. Negotiations fail

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

        6. Acceptance of applications

          1. 13.The Court must give notice to the parties of receipt of an application under paragraph...

          2. 14.(1) This paragraph applies if— (a) two or more relevant applications are made, (b) at...

          3. 15.(1) This paragraph applies to these applications— (a) any application with regard to which no...

        7. Withdrawal of application

          1. 16.(1) If an application under paragraph 11 or 12 is accepted by the Court, the...

        8. Notice to cease consideration of application

          1. 17.(1) This paragraph applies if the Court has received an application under paragraph 11 or...

        9. Appropriate bargaining unit

          1. 18.(1) If the Court accepts an application under paragraph 11(2) or 12(2) it must try...

          2. 18A.(1) This paragraph applies if the Court accepts an application under paragraph 11(2) or 12(2)....

          3. 19.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 11(2) or...

          4. 19A.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 11(2) or...

          5. 19B.(1) This paragraph applies if the Court has to decide whether a bargaining unit is...

        10. Union communications with workers after acceptance of application

          1. 19C.(1) This paragraph applies if the Court accepts an application under paragraph 11(2) or 12(2)...

          2. 19D.(1) An employer who is informed by the Court under paragraph 19C(7)(b) must comply with...

          3. 19E.(1) During the initial period, the appointed person must if asked to do so by...

          4. 19F.(1) If the Court is satisfied that the employer has failed to fulfil a duty...

        11. Union recognition

          1. 20.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 11(2) or...

          2. 21.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 11(2) or...

          3. 22.(1) This paragraph applies if— (a) the Court proceeds with an application in accordance with...

          4. 23.(1) This paragraph applies if— (a) the Court proceeds with an application in accordance with...

          5. 24.(1) This paragraph applies if the Court gives notice under paragraph 22(3) or 23(2). (2)...

          6. 25.(1) This paragraph applies if the Court arranges under paragraph 24 for the holding of...

          7. 26.(1) An employer who is informed by the Court under paragraph 25(9) must comply with...

          8. 27.(1) If the Court is satisfied that the employer has failed to fulfil any of...

          9. 27A.(1) Each of the parties informed by the Court under paragraph 25(9) must refrain from...

          10. 27B.(1) A party may complain to the Court that another party has failed to comply...

          11. 27C.(1) This paragraph applies if the Court decides that a complaint under paragraph 27B is...

          12. 27D.(1) This paragraph applies if the Court issues a declaration under paragraph 27C(2) and the...

          13. 27E.(1) This paragraph applies if the Court issues a declaration that a complaint under paragraph...

          14. 27F.(1) This paragraph applies if the Court gives a notice under paragraph 27C(3)(b). (2) Paragraphs...

          15. 28.(1) This paragraph applies if the holding of a ballot has been arranged under paragraph...

          16. 29.(1) As soon as is reasonably practicable after the Court is informed of the result...

        12. Consequences of recognition

          1. 30.(1) This paragraph applies if the Court issues a declaration under this Part that the...

          2. 31.(1) This paragraph applies if an application for assistance is made to the Court under...

        13. Method not carried out

          1. 32.(1) This paragraph applies if— (a) the Court issues a declaration under this Part that...

        14. General provisions about admissibility

          1. 33.An application under paragraph 11 or 12 is not admissible unless— (a) it is made...

          2. 34.An application under paragraph 11 or 12 is not admissible unless the union gives (or...

          3. 35.(1) An application under paragraph 11 or 12 is not admissible if the Court is...

          4. 36.(1) An application under paragraph 11 or 12 is not admissible unless the Court decides...

          5. 37.(1) This paragraph applies to an application made by more than one union under paragraph...

          6. 38.(1) This paragraph applies if— (a) the Court accepts a relevant application relating to a...

          7. 39.(1) This paragraph applies if the Court accepts a relevant application relating to a bargaining...

          8. 40.(1) This paragraph applies if the Court issues a declaration under paragraph 27D(4) or 29(4)...

          9. 41.(1) This paragraph applies if the Court issues a declaration under paragraph 119D(4), 119H(5) or...

          10. 42.(1) This paragraph applies for the purposes of paragraphs 39 to 41. (2) It is...

        15. General provisions about validity

          1. 43.(1) Paragraphs 44 to 50 apply if the Court has to decide under paragraph 20...

          2. 44.(1) The application in question is invalid if the Court is satisfied that there is...

          3. 45.The application in question is invalid unless the Court decides that— (a) members of the...

          4. 46.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 11 or...

          5. 47.(1) This paragraph applies if the Court accepts an application under paragraph 11 or 12...

          6. 48.(1) This paragraph applies if the Court issues a declaration under paragraph 27D(4) or 29(4)...

          7. 49.(1) This paragraph applies if the Court issues a declaration under paragraph 119D(4), 119H(5) or...

          8. 50.(1) This paragraph applies for the purposes of paragraphs 47 to 49. (2) It is...

        16. Competing applications

          1. 51.(1) For the purposes of this paragraph— (a) the original application is the application referred...

      2. PART II VOLUNTARY RECOGNITION

        1. Agreements for recognition

          1. 52.(1) This paragraph applies for the purposes of this Part. (2) An agreement is an...

        2. Other interpretation

          1. 53.(1) This paragraph applies for the purposes of this Part. (2) In relation to an...

          2. 54.(1) This paragraph applies for the purposes of this Part. (2) Except in paragraph 63(2),...

        3. Determination of type of agreement

          1. 55.(1) This paragraph applies if one or more of the parties to an agreement applies...

        4. Termination of agreement for recognition

          1. 56.(1) The employer may not terminate an agreement for recognition before the relevant period ends....

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

        5. Application to Court to specify method

          1. 58.(1) This paragraph applies if the parties make an agreement for recognition. (2) The parties...

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

          3. 60.(1) This paragraph applies if an application for assistance is made to the Court under...

          4. 61.(1) An application to the Court is not admissible unless— (a) it is made in...

        6. Court's response to application

          1. 62.(1) The Court must give notice to the parties of receipt of an application under...

          2. 63.(1) If the Court accepts an application it must try to help the parties to...

      3. PART III CHANGES AFFECTING BARGAINING UNIT

        1. Introduction

          1. 64.(1) This Part applies if— (a) the Court has issued a declaration that a union...

          2. 65.References in this Part to the parties are to the employer and the union (or...

        2. Either party believes unit no longer appropriate

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

          2. 67.(1) An application under paragraph 66 is not admissible unless the Court decides that it...

          3. 68.(1) The Court must give notice to the parties of receipt of an application under...

          4. 69.(1) This paragraph applies if— (a) the Court gives notice of acceptance of the application,...

          5. 70.(1) This paragraph applies if— (a) the Court gives notice of acceptance of the application,...

          6. 71.If the Court gives notice under paragraph 70 of a decision that the original unit...

          7. 72.Paragraph 82 applies if the Court gives notice under paragraph 70 of— (a) a decision...

          8. 73.(1) This paragraph applies if— (a) the parties agree under paragraph 69 a bargaining unit...

        3. Employer believes unit has ceased to exist

          1. 74.(1) If the employer— (a) believes that the original unit has ceased to exist, and...

          2. 75.(1) Paragraph 76 applies if— (a) the Court gives notice under paragraph 74(5), and (b)...

          3. 76.(1) The Court must give notice to the parties of receipt of an application under...

          4. 77.(1) If the Court accepts an application it— (a) must give the employer and the...

          5. 78.(1) This paragraph applies if— (a) the Court gives notice under paragraph 77(4), and (b)...

          6. 79.(1) This paragraph applies if— (a) the Court gives notice under paragraph 77(4), and (b)...

          7. 80.Paragraph 82 applies if the Court gives notice under paragraph 79 of a decision as...

          8. 81.(1) This paragraph applies if— (a) the parties agree under paragraph 78 a bargaining unit...

        4. Position where Court decides new unit

          1. 82.(1) This paragraph applies if the Court gives notice under paragraph 70 of— (a) a...

          2. 83.(1) This paragraph applies if in the Court's opinion the new unit contains at least...

          3. 84.(1) This paragraph applies if in the Court's opinion the new unit contains— (a) at...

          4. 85.(1) If the Court's opinion is not that mentioned in paragraph 83(1) or 84(1) it...

          5. 86.(1) This paragraph applies if the Court decides under paragraph 85(1) that the support of...

          6. 87.(1) This paragraph applies if— (a) the Court decides both the questions in paragraph 86(2)...

          7. 88.(1) This paragraph applies if— (a) the Court decides both the questions in paragraph 86(2)...

          8. 89.(1) If the Court gives notice under paragraph 87(3) or 88(2) the union (or unions)...

        5. Residual workers

          1. 90.(1) This paragraph applies if— (a) the Court decides an appropriate bargaining unit or units...

          2. 91.(1) This paragraph applies if— (a) the Court has proceeded as stated in paragraphs 83...

        6. Applications under this Part

          1. 92.(1) An application to the Court under this Part is not admissible unless— (a) it...

        7. Withdrawal of application

          1. 93.(1) If an application under paragraph 66 or 75 is accepted by the Court, the...

        8. Meaning of collective bargaining

          1. 94.(1) This paragraph applies for the purposes of this Part. (2) In relation to paragraphs...

        9. Method of collective bargaining

          1. 95.(1) This paragraph applies for the purposes of this Part. (2) Where a method of...

      4. PART IV DERECOGNITION: GENERAL

        1. Introduction

          1. 96.(1) This Part applies if the Court has issued a declaration that a union is...

          2. 97.For the purposes of this Part the relevant date is the date of the expiry...

          3. 98.References in this Part to the parties are to the employer and the union (or...

        2. Employer employs fewer than 21 workers

          1. 99.(1) This paragraph applies if— (a) the employer believes that he, taken with any associated...

          2. 99A.(1) A notice given for the purposes of paragraph 99(2)( “the notice in question”) is...

          3. 100.(1) If an employer gives notice for the purposes of paragraph 99(2), Within the validation...

          4. 101.(1) This paragraph applies if— (a) the Court gives notice under paragraph 100(3), and (b)...

          5. 102.(1) The Court must give notice to the parties of receipt of an application under...

          6. 103.(1) If the Court accepts an application it— (a) must give the employer and the...

        3. Employer's request to end arrangements

          1. 104.(1) This paragraph and paragraphs 105 to 111 apply if after the relevant date the...

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

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

          4. 107.(1) This paragraph applies if— (a) the union informs (or unions inform) the employer under...

          5. 108.(1) An application under paragraph 106 or 107 is not admissible unless— (a) it is...

          6. 109.(1) An application under paragraph 106 or 107 is not admissible if— (a) a relevant...

          7. 110.(1) An application under paragraph 106 or 107 is not admissible unless the Court decides...

          8. 111.(1) The Court must give notice to the parties of receipt of an application under...

        4. Workers' application to end arrangements

          1. 112.(1) A worker or workers falling within the bargaining unit may after the relevant date...

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

          3. 114.(1) An application under paragraph 112 is not admissible unless the Court decides that— (a)...

          4. 115.(1) The Court must give notice to the worker (or workers), the employer and the...

          5. 116.(1) If the Court accepts the application, in the negotiation period the Court must help...

        5. Ballot on derecognition

          1. 117.(1) This paragraph applies if the Court accepts an application under paragraph 106 or 107....

          2. 118.(1) An employer who is informed by the Court under paragraph 117(11) must comply with...

          3. 119.(1) If the Court is satisfied that the employer has failed to fulfil any of...

          4. 119A.(1) Each of the parties informed by the Court under paragraph 117(11) must refrain from...

          5. 119B.(1) A party may complain to the Court that another party has failed to comply...

          6. 119C.(1) This paragraph applies if the Court decides that a complaint under paragraph 119B is...

          7. 119D.(1) This paragraph applies if the Court issues a declaration under paragraph 119C(2) and the...

          8. 119E.(1) This paragraph applies if the Court issues a declaration that a complaint under paragraph...

          9. 119F.(1) This paragraph applies if the Court makes arrangements under paragraph 119C(3)(b). (2) Paragraphs 117(4)...

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

          11. 119H.(1) This paragraph applies in relation to an application under paragraph 112 in the cases...

          12. 119I.(1) This paragraph applies if— (a) a ballot has been arranged in consequence of an...

          13. 120.(1) This paragraph applies if the holding of a ballot has been arranged under paragraph...

          14. 121.(1) As soon as is reasonably practicable after the Court is informed of the result...

      5. PART V DERECOGNITION WHERE RECOGNITION AUTOMATIC

        1. Introduction

          1. 122.(1) This Part of this Schedule applies if— (a) the Court has issued a declaration...

          2. 123.(1) This Part also applies if— (a) the Court has issued a declaration under paragraph...

          3. 124.(1) This Part also applies if the Court has issued a declaration under paragraph 87(2)...

          4. 125.For the purposes of this Part the relevant date is the date of the expiry...

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

        2. Employer's request to end arrangements

          1. 127.(1) The employer may after the relevant date request the union (or each of the...

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

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

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

          5. 131.(1) An application under paragraph 128 is not admissible unless the Court is satisfied that...

          6. 132.(1) The Court must give notice to the parties of receipt of an application under...

        3. Ballot on derecognition

          1. 133.(1) Paragraph 117 applies if the Court accepts an application under paragraph 128 (as well...

      6. PART VI DERECOGNITION WHERE UNION NOT INDEPENDENT

        1. Introduction

          1. 134.(1) This Part applies if— (a) an employer and a union (or unions) have agreed...

          2. 135.In this Part references to the parties are to the employer and the union (or...

          3. 136.In this Part references to the bargaining unit are to the group of workers referred...

        2. Workers' application to end arrangements

          1. 137.(1) A worker or workers falling within the bargaining unit may apply to the Court...

          2. 138.An application under paragraph 137 is not admissible if the Court is satisfied that any...

          3. 139.(1) An application under paragraph 137 is not admissible unless the Court decides that— (a)...

          4. 140.An application under paragraph 137 is not admissible if the Court is satisfied that— (a)...

          5. 141.(1) The Court must give notice to the worker (or workers), the employer and the...

          6. 142.(1) If the Court accepts the application, in the negotiation period the Court must help...

          7. 143.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 137, (b)...

          8. 144.(1) This paragraph applies if the Court is subsequently satisfied that— (a) the Certification Officer...

          9. 145.(1) This paragraph applies if the Court is subsequently satisfied that— (a) the Certification Officer...

          10. 146.(1) This paragraph applies if— (a) the Court accepts an application under paragraph 137, (b)...

        3. Ballot on derecognition

          1. 147.(1) Paragraph 117 applies if— (a) the Court accepts an application under paragraph 137, and...

        4. Derecognition: other cases

          1. 148.(1) This paragraph applies if as a result of a declaration by the Court another...

      7. PART VII LOSS OF INDEPENDENCE

        1. Introduction

          1. 149.(1) This Part applies if the Court has issued a declaration that a union is...

          2. 150.(1) This Part also applies if— (a) the parties have agreed that a union is...

          3. 151.References in this Part to the parties are to the employer and the union (or...

        2. Loss of certificate

          1. 152.(1) This paragraph applies if— (a) only one union is a party, and (b) under...

        3. Certificate re-issued

          1. 153.(1) This paragraph applies if— (a) only one union is a party, (b) paragraph 152...

        4. Miscellaneous

          1. 154.Parts III to VI shall not apply in the case of the parties at any...

          2. 155.If— (a) by virtue of paragraph 153 the bargaining arrangements have effect again beginning with...

      8. PART VIII DETRIMENT

        1. Detriment

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

          2. 157.(1) An industrial tribunal shall not consider a complaint under paragraph 156 unless it is...

          3. 158.On a complaint under paragraph 156 it shall be for the employer to show the...

          4. 159.(1) If the industrial tribunal finds that a complaint under paragraph 156 is well-founded it...

          5. 160.(1) If the industrial tribunal finds that a complaint under paragraph 156 is well-founded and—...

        2. Dismissal

          1. 161.(1) For the purposes of Part XI of the Employment Rights Order (unfair dismissal) the...

        3. Selection for redundancy

          1. 162.For the purposes of Part XI of the Employment Rights Order (unfair dismissal) the dismissal...

          2. Para. 163 rep. by 1999 NI 9

          3. Para. 163 rep. by 1999 NI 9

        4. Exclusion of requirement as to qualifying period

          1. 164.Articles 140 and 141 of the Employment Rights Order (qualifying period and upper age limit...

        5. Meaning of worker's contract

          1. 165.References in this Part to a worker's contract shall be construed in accordance with Article...

      9. PART IX GENERAL

        1. Rights of appeal against demands for costs

          1. 165A.(1) This paragraph applies where a demand has been made under paragraph 19E(3), 28(4) or...

        2. Power to amend

          1. 166.(1) This paragraph applies if the Court represents to the Department that a provision of...

          2. 166A.(1) This paragraph applies in relation to any provision of paragraph 19D(2), 26(4) or 118(4)...

          3. 166B.(1) The Department may by order provide that, during any period beginning and ending with...

        3. Guidance

          1. 167.(1) The Department may issue guidance to the Court on the way in which it...

        4. Method of conducting collective bargaining

          1. 168.(1) After consulting the Agency the Department may by order specify for the purposes of...

        5. Directions about certain applications

          1. 169.(1) The Department may make to the Court directions as described in sub-paragraph (2) in...

        6. Effect of union amalgamations and transfers of engagements

          1. 169A.(1) The Department may by order make provision for any case where— (a) an application...

        7. Effect of change of identity of employer

          1. 169B.(1) The Department by order make provision for any case where— (a) an application has...

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

          1. 169C.(1) An order under paragraph 169A or 169B may— (a) amend this Schedule; (b) include...

        9. Notice of declarations

          1. 170.(1) If the Court issues a declaration under this Schedule it must notify the parties...

        10. Supply of information to the Court

          1. 170A.(1) The Court may, if it considers it necessary to do so to enable or...

        11. Court's general duty

          1. 171.In exercising functions under this Schedule in any particular case the Court must have regard...

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

          1. 171A.(1) In this Schedule “pay” does not include terms relating to a person's membership of...

        13. General interpretation

          1. 172.(1) References in this Schedule to the Court are to the Industrial Court. (2) For...

    3. Schedule 2—Amendments

    4. SCHEDULE 3

      TRANSITIONAL PROVISIONS

      1. General

        1. 1.(1) An order under Article 1 may contain such transitional provisions as appear to the...

      2. Elections for certain trade union positions

        1. 2.(1) Where a person was elected to a position to which Part III of this...

      3. Deduction of trade union subscriptions

        1. 3.For the purposes of Article 35 a deduction representing a payment to a trade union...

      4. Political resolutions

        1. 4.Articles 66(l) and (2) of the 1992 Order shall, notwithstanding their repeal by this Order,...

    5. Schedule 4—Repeals

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