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)
31(1)This paragraph applies if an application for assistance is made to the CAC under paragraph 30.E+W+S
(2)The CAC must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining.
(3)If at the end of the agreement period the parties have not made such an agreement the CAC must specify to the parties the method by which they are to conduct collective bargaining.
(4)Any method specified under sub-paragraph (3) is to have effect as if it were contained in a legally enforceable contract made by the parties.
(5)But if the parties agree in writing—
(a)that sub-paragraph (4) shall not apply, or shall not apply to particular parts of the method specified by the CAC, or
(b)to vary or replace the method specified by the CAC,
the written agreement shall have effect as a legally enforceable contract made by the parties.
(6)Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.
(7)If at any time before a specification is made under sub-paragraph (3) the parties jointly apply to the CAC requesting it to stop taking steps under this paragraph, the CAC must comply with the request.
(8)The agreement period is—
(a)the period of 20 working days starting with the day after that on which the CAC receives the application under paragraph 30, or
(b)such longer period (so starting) as the CAC may decide with the consent of the parties.