(1)A trade union as respects which the Secretary of State has a duty under section 1(6) or (8) above to give information or enter into consultations may, where it alleges that the Secretary of State has failed to fulfil that duty, bring an action in the High Court for a declaration as to whether or not he has failed to fulfil that duty, and the Court may make a declaration accordingly.
(2)In Scotland, a trade union as respects which the Secretary of State has a duty under section 1(6) or (8) above to give information or enter into consultations may, where it alleges that the Secretary of State has failed to fulfil that duty, raise an action in the Court of Session for a declarator as to whether or not he has failed to fulfil that duty, and the Court may make a declarator accordingly.
(3)No proceedings may be brought under this section if a complaint to an [F1employment tribunal] has been made under the provisions applied by section 1(5) above.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
(1)A trade union as respects which the Secretary of State has a duty under section 1(6) or (8) above to give information or enter into consultations may, where it alleges that the Secretary of State has failed to fulfil that duty, bring an action in the High Court for a declaration as to whether or not he has failed to fulfil that duty, and the Court may make a declaration accordingly.
(2)In Scotland, a trade union as respects which the Secretary of State has a duty under section 1(6) or (8) above to give information or enter into consultations may, where it alleges that the Secretary of State has failed to fulfil that duty, raise an action in the Court of Session for a declarator as to whether or not he has failed to fulfil that duty, and the Court may make a declarator accordingly.
(3)No proceedings may be brought under this section if a complaint to an industrial tribunal has been made under the provisions applied by section 1(5) above.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only