Version Superseded: 06/04/2005
Point in time view as at 01/02/2001. This version of this provision has been superseded.
Trade Union and Labour Relations (Consolidation) Act 1992, Paragraph 41 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
41(1)This paragraph applies if the CAC issues a declaration under paragraph 121(3) that bargaining arrangements are to cease to have effect; and this is so whether the ballot concerned is held under Part IV or Part V of this Schedule.
(2)An application under paragraph 11 or 12 is not admissible if—
(a)the application is made within the period of 3 years starting with the day after that on which the declaration was issued,
(b)the relevant bargaining unit is the same or substantially the same as the bargaining unit to which the bargaining arrangements mentioned in sub-paragraph (1) relate, and
(c)the application is made by the union which was a party (or unions which were parties) to the proceedings leading to the declaration.
(3)The relevant bargaining unit is—
(a)the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);
(b)the agreed bargaining unit, where the application is under paragraph 12(4).
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