Dockyard Services Act 1986

2 Failure to inform or consult trade unions : High Court and Court of Session remedies. E+W+S

(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 [F1 employment tribunal] has been made under the provisions applied by section 1(5) above.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Words in s. 2(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

2 Failure to inform or consult trade unions : High Court and Court of Session remedies. N.I.

(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

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only