The Employment Act 2008 (Commencement No. 2, Transitional Provisions and Savings) Order 2009

7.  For the purposes of paragraphs 5 and 6, in determining whether a decision has been taken by a union before 6th April 2009, in the absence of evidence of a decision, regard may be had to the period within which it might reasonably be expected that a decision would be taken.