SCHEDULES
F5C1C2SCHEDULE A1 Collective Bargaining: Recognition
Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)
Sch. 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)
Part IX General
Power to amend
166
F11
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.
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.
F3166A
1
This paragraph applies in relation to any provision of paragraph 19D(2), 26(4) or 118(4) which requires the employer to give to the CAC a worker’s home address.
2
The Secretary of State may by order provide that the employer must give to the CAC (in addition to the worker’s home address) an address of a specified kind for the worker.
3
In this paragraph “address” includes any address or number to which information may be sent by any means.
4
An order under this paragraph may—
a
amend this Schedule;
b
include supplementary or incidental provision (including, in particular, provision amending paragraph 19E(1)(a), 26(6)(a) or 118(6)(a));
c
make different provision for different cases or circumstances.
5
An order under this paragraph shall be made by statutory instrument.
6
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.
F4166B
1
The Secretary of State may by order provide that, during any period beginning and ending with the occurrence of specified events, employers and unions to which the order applies are prohibited from using such practices as are specified as unfair practices in relation to an application under this Schedule of a specified description.
2
An order under this paragraph may make provision about the consequences of a contravention of any prohibition imposed by the order (including provision modifying the effect of any provision of this Schedule in the event of such a contravention).
3
An order under this paragraph may confer functions on the CAC.
4
An order under this paragraph may contain provision extending for the purposes of the order either or both of the following powers to issue Codes of Practice—
a
the power of ACAS under section 199(1);
b
the power of the Secretary of State under section 203(1)(a).
5
An order under this paragraph may—
a
include supplementary or incidental provisions (including provision amending this Schedule), and
b
make different provision for different cases or circumstances.
6
An order under this paragraph shall be made by statutory instrument.
7
No such order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
8
In this paragraph “specified” means specified in an order under this paragraph.
Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)