[F119A(1)This paragraph applies if—E+W+S
(a)the CAC accepts an application under paragraph 11(2) or 12(2),
(b)during the appropriate period (defined by paragraph 18), the CAC is requested by the union (or unions) to make a decision under this paragraph, and
(c)the CAC is, either at the time the request is made or at a later time during the appropriate period, of the opinion that the employer has failed to comply with the duty imposed by paragraph 18A.
(2)Within the decision period, the CAC must decide whether the proposed bargaining unit is appropriate.
(3)If the CAC decides that the proposed bargaining unit is not appropriate, it must also decide within the decision period a bargaining unit which is appropriate.
(4)The decision period is—
(a)the period of 10 working days starting with the day after the day on which the request is made, or
(b)such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.]
Textual Amendments
F1Sch. A1 paras. 19-19B substituted (6.4.2005) for Sch. A1 para. 19 by Employment Relations Act 2004 (c. 24), ss. 4, 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)