40.—(1) This paragraph applies if the Court issues a declaration under paragraph[F1 27D(4) or] 29(4) that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit; and this is so whether the ballot concerned is[F1 arranged] under this Part or Part III.N.I.
(2) An application under paragraph 11 or 12 is not admissible if—
(a)the application is made within the period of 3 years starting with the day after that on which the declaration was issued,
(b)the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and
(c)the application is made by the union (or unions) which made the application leading to the declaration.
(3) The relevant bargaining unit is—
(a)the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);
(b)the agreed bargaining unit, where the application is under paragraph 12(4).