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)
23(1)This paragraph applies if—E+W+S
(a)the CAC proceeds with an application in accordance with paragraph 20 or 21 [F2(and makes no declaration under paragraph 19F(5))], and
(b)the CAC is not satisfied that a majority of the workers constituting the bargaining unit are members of the union (or unions).
(2)The CAC must give notice to the parties 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.
Textual Amendments
F2Words in Sch. A1 para. 23(1)(a) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 5(2), 59(2)-(4); S.I. 2005/872, art. 4, Sch (with arts. 6-21)