48(1)This paragraph applies if the CAC issues a declaration under paragraph [F127D(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 [F2arranged] under this Part or Part III of this Schedule.E+W+S
(2)The application in question is invalid if—
(a)the application is made within the period of 3 years starting with the date of the declaration,
(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.
Textual Amendments
F1Words in Sch. A1 para. 48(1) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 23(13)(a); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)
F2Words in Sch. A1 para. 48(1) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 23(13)(b); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)