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)
41(1)This paragraph applies if the CAC issues a declaration under paragraph [F2119D(4), 119H(5) or] 121(3) that bargaining arrangements are to cease to have effect; and this is so whether the ballot concerned is [F3arranged] under Part IV or Part V of this Schedule.E+W+S
(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 to which the bargaining arrangements mentioned in sub-paragraph (1) relate, and
(c)the application is made by the union which was a party (or unions which were parties) to the proceedings 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).
Textual Amendments
F2Words in Sch. A1 para. 41(1) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 23(11)(a); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)
F3Word in Sch. A1 para. 41(1) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 23(11)(b); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)