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10Preliminary references to Industrial Court

(1)A collective agreement, pay structure or order which after the commencement of this Act could under section 3, 4 or 5 of this Act be referred to the Industrial Court to declare what amendments need to be made as mentioned in that section may at any time not earlier than one year before that commencement be referred to the Court under this section for their advice as to the amendments needing to be so made.

(2)A reference under this section may be made by any person authorised by section 3, 4 or 5, as the case may be, to make a corresponding reference under that section, but the Secretary of State shall not under this section refer an order to the Industrial Court unless requested so to do as mentioned in section 4(2) or 5(3), as the case may be, nor be required to refer an order if so requested.

(3)A collective agreement, pay structure or order referred to the Industrial Court under this section may after the commencement of this Act be again referred to the Court under section 3, 4 or 5; but at that commencement any reference under this section (if still pending) shall lapse.

(4)If an order is made under section 9(2) above for section 3, 4 or 5 to have effect from 31st December 1973 (with or without modifications), then, without prejudice to the operation of subsections (1) to (3) above apart from this subsection, the order may make corresponding provision for those subsections to apply, with such adaptations as may be provided for by the order, so as to authorise the making of references to the Industrial -Court during a year (or any less period specified in the order) preceding me 31st December 1973 ; and for that purpose the order may be made so as to come into operation before that date.