Textual Amendments
F1Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)
Modifications etc. (not altering text)
C1Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)
C2Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)
46(1)This paragraph applies if—E+W+S
(a)the CAC accepts an application under paragraph 11 or 12 relating to a bargaining unit or proceeds under paragraph 20 with an application relating to a bargaining unit,
(b)the application has not been withdrawn,
(c)no notice has been given under paragraph 17(2),
(d)the CAC has not issued a declaration under paragraph [F219F(5), 22(2), 27(2), 27D(3), 27D(4),] 29(3) or 29(4) in relation to that bargaining unit, and
(e)no notification has been made under paragraph 24(2).
(2)The application in question is invalid if—
(a)at least one worker falling within the relevant bargaining unit also falls within the bargaining unit referred to in sub-paragraph (1), and
(b)the application in question is made by a union (or unions) other than the union (or unions) which made the application referred to in sub-paragraph (1).
Textual Amendments
F2Words in Sch. A1 para. 46(1)(d) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 23(12); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)