166[F1(1)This paragraph applies if the CAC represents to the Secretary of State that a provision of this Schedule has an unsatisfactory effect and should be amended.E+W+S
(2)The Secretary of State, with a view to rectifying the effect—
(a)may amend the provision by exercising (if applicable) any of the powers conferred on him by paragraphs 7(6), 29(5), 121(6), 166A, 166B, 169A, 169B and 171A, or
(b)may amend the provision by order in such other way as he thinks fit.
(2A)The Secretary of State need not proceed in a way proposed by the CAC (if it proposes one).
(2B)Nothing in this paragraph prevents the Secretary of State from exercising any of the powers mentioned in sub-paragraph (2)(a) in the absence of a representation from the CAC.]
(3)An order under [F2sub-paragraph (2)(b)] shall be made by statutory instrument.
(4)No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.
Textual Amendments
F1Sch. A1 paras. 166(1)-(2B) substituted for Sch. A1 paras. 166(1)(2) (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 15(2), 59(2)-(4); S.I. 2004/3342, art. 4(a) (with arts. 6-12)
F2Words in Sch. A1 para. 166(3) substituted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 15(3), 59(2)-(4); S.I. 2004/3342, art. 4(a) (with arts. 6-12)