121.—(1) As soon as is reasonably practicable after the Court is informed of the result of a ballot by the person conducting it, the Court must act under this paragraph.N.I.
[F2(1A) The duty in sub-paragraph (1) does not apply if the Court makes arrangements under paragraph 119C(3)(b).]
(2) The Court must inform the employer and the union (or unions) of the result of the ballot.
(3) If the result is that the proposition that the bargaining arrangements should be ended is supported by—
(a)a majority of the workers voting, and
(b)at least 40 per cent of the workers constituting the bargaining unit,
the Court must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the Court in the declaration.
(4) If the result is otherwise the Court must refuse the application under paragraph 106, 107 or 112.
(5) If a declaration is issued under sub-paragraph (3) the bargaining arrangements shall cease to have effect accordingly.
(6) The Department may by order amend sub-paragraph (3) so as to specify a different degree of support.
(7) No order shall be made under sub-paragraph(6) unless a draft of it has been laid before, and approved by a resolution of, the Assembly.
F2Sch. 1A para. 121(1A) inserted (8.1.2006) by Employment Relations (Northern Ireland) Order 2004 (S.I. 2004/3078 (N.I. 19)), arts. 1(2), 3, Sch. 1 para. 13(2); S.R. 2005/571, art. 3, Sch. (with art. 5)