SCHEDULES
SCHEDULE 1Minor and consequential amendments
The 1992 Act
23
I11
Schedule A1 to the 1992 Act (union recognition) is amended as follows.
I12
In paragraph 2 (interpretation of Part 1), after sub-paragraph (3) insert—
3A
References to an appropriate bargaining unit’s being decided by the CAC are to a bargaining unit’s being decided by the CAC to be appropriate under paragraph 19(2) or (3) or 19A(2) or (3).
I13
In paragraph 16(1)
(point after which application may not be withdrawn), in paragraph (a), after “paragraph” insert “
19F(5) or
”
.
I14
In paragraph 17(3) (final event before which notice to cease consideration of application may be given)—
a
in paragraph (a), after “paragraph” insert “
19F(5) or
”
; and
b
in the words after paragraph (b), for “24(5)” substitute “
24(6)
”
.
I15
In each of paragraphs 20(1)(b) and 21(1)(b)
(application of paragraphs 20 and 21), after “appropriate period” insert “
(defined by paragraph 18)
”
.
I16
In paragraph 28 (costs of a recognition ballot), after sub-paragraph (6) insert—
6A
Where an amount is recoverable from a union under sub-paragraph (6) execution may be carried out, to the same extent and in the same manner as if the union were a body corporate, against any property held in trust for the union other than protected property as defined in section 23(2).
I17
In paragraph 32 (procedure where method of collective bargaining not carried out), in sub-paragraph (2), for “parties” substitute “
employer or the union (or unions)
”
.
I18
In paragraph 37 (applications by more than one union under paragraph 11 or 12), in sub-paragraph (3)(b), for “11(4)” substitute “
12(4)
”
.
I19
In paragraph 38 (admissibility of other relevant applications), in sub-paragraph (1)(d), for “22(2), 27(2),” substitute “
19F(5), 22(2), 27(2), 27D(3), 27D(4),
”
.
I110
In paragraph 40 (bar on further application after declaration by the CAC of non-entitlement to recognition), in sub-paragraph (1)—
a
after “under paragraph” insert “
27D(4) or
”
; and
b
for “held” substitute “
arranged
”
.
I111
In paragraph 41 (bar on further application after declaration by the CAC of end of bargaining arrangements), in sub-paragraph (1)—
a
after “under paragraph” insert “
119D(4), 119H(5) or
”
; and
b
for “held” substitute “
arranged
”
.
I112
In paragraph 46 (invalidity of application where worker falls within another relevant bargaining unit), in sub-paragraph (1)(d), for “22(2), 27(2),” substitute “
19F(5), 22(2), 27(2), 27D(3), 27D(4),
”
.
I113
In paragraph 48 (invalidity of application after declaration by the CAC of non-entitlement to recognition), in sub-paragraph (1)—
a
after “under paragraph” insert “
27D(4) or
”
; and
b
for “held” substitute “
arranged
”
.
I114
In paragraph 49 (invalidity of application after declaration by the CAC of end of bargaining arrangements), in sub-paragraph (1)—
a
after “under paragraph” insert “
119D(4), 119H(5) or
”
; and
b
for “held” substitute “
arranged
”
.
I115
In paragraph 51 (competing applications), in sub-paragraph (2)(b), after “19” insert “
or 19A
”
.
I116
In paragraph 52 (agreements for recognition), in sub-paragraph (3)—
a
in paragraph (f), after “paragraph”, where it first occurs, insert “
19F(5) or
”
; and
b
in paragraph (h), for “24(5)” substitute “
24(6)
”
.
I117
In paragraph 83 (duties of the CAC where it decides new unit contains at least one worker falling within a statutory outside bargaining unit), in sub-paragraph (8), for “(1)(a)” substitute “
(2)(a)
”
.
I118
In paragraph 89(5) (application of paragraphs 26 to 29), for the words from “but as if” onwards substitute
but as if—
a
references to the bargaining unit were references to the new unit, and
b
paragraph 26(4F) to (4H), and the references in paragraph 26(4) and (6) to paragraph 19D, were omitted.
I119
In paragraph 89(8)
(effect of declaration of entitlement to recognition), after “27(2)” insert “
or 27D(3)
”
.
I120
In paragraph 89, after sub-paragraph (8) add—
9
Paragraphs (a) and (b) of sub-paragraph (7) also apply if the CAC issues a declaration under paragraph 27D(4).
I121
In paragraph 93 (withdrawal of applications), in sub-paragraph (1)(c), for “83(1)” substitute “
83(2)
”
.
I222
In paragraph 119 (remedial orders) omit sub-paragraph (3).
I223
In paragraph 120 (costs of a derecognition ballot), after sub-paragraph (6) insert—
6A
Where an amount is recoverable from a union under sub-paragraph (6) execution may be carried out, to the same extent and in the same manner as if the union were a body corporate, against any property held in trust for the union other than protected property as defined in section 23(2).
I124
In paragraph 122(1)
(first case in which Part 5 applies), in paragraph (a), for “22(2)” substitute “
19F(5), 22(2), 27(2) or 27D(3)
”
.
I125
In paragraph 123(1)
(second case in which Part 5 applies), in paragraph (a), for “22(2)” substitute “
19F(5), 22(2), 27(2) or 27D(3)
”
.
I126
In paragraph 133(2) (ballot on de-recognition under Part 5 of that Schedule)—
a
in paragraph (a), for “reference in paragraph 119(2)(a)” substitute “
references in paragraphs 119(2)(a) and 119D(3)
”
; and
b
in paragraph (b), for “reference in paragraph 121(4)” substitute “
references in paragraphs 119A(3)(a)(ii), 119E(1)(b) and 121(4)
”
.
I127
In paragraph 147(2) (ballot on de-recognition under Part 6 of that Schedule)—
a
in paragraph (a), for “reference in paragraph 119(3)(a)” substitute “
references in paragraphs 119H(1) and 119I(1)(a)
”
; and
b
in paragraph (b), for “reference in paragraph 121(4)” substitute “
references in paragraphs 119A(3)(a)(ii), 119E(1)(b) and 121(4)
”
.