27(1)If the CAC is satisfied that the employer has failed to fulfil any of the [F1duties imposed on him] by paragraph 26, and the ballot has not been held, the CAC may order the employer—E+W+S
(a)to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order, and
(b)to do so within such period as the CAC considers reasonable and specifies in the order.
(2)If the CAC is satisfied that the employer has failed to comply with an order under sub-paragraph (1), and the ballot has not been held, the CAC 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 CAC 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.
Textual Amendments
F1Words in Sch. A1 para. 27(1) substituted (1.10.2005) by Employment Relations Act 2004 (c. 24), ss. 9(5), 59(2)-(4); S.I. 2005/2419, art. 3(a) (with arts. 5-7)