27.—(1) If the Court is satisfied that the employer has failed to fulfil any of the[F1 duties imposed on him] by paragraph 26, and the ballot has not been held, the Court may order the employer—N.I.
(a)to take such steps to remedy the failure as the Court considers reasonable and specifies in the order, and
(b)to do so within such period as the Court considers reasonable and specifies in the order.
(2) If the Court is satisfied that the employer has failed to comply with an order under sub-paragraph (1), and the ballot has not been held, the Court may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.
(3) If the Court issues a declaration under sub-paragraph (2) it shall take steps to cancel the holding of the ballot; and if the ballot is held it shall have no effect.
F1Words in Sch. 1A para. 27(1) substituted (8.1.2006) by Employment Relations (Northern Ireland) Order 2004 (S.I. 2004/3078 (N.I. 19)), arts. 1(2), 3, Sch. 1 para. 9(5); S.R. 2005/571, art. 3, Sch. (with art. 5)
