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)
84(1)This paragraph applies if in the CAC’s opinion the new unit contains—E+W+S
(a)at least one worker falling within a voluntary outside bargaining unit, but
(b)no worker falling within a statutory outside bargaining unit.
(2)In such a case—
(a)the CAC must issue a declaration that the original bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect on a date specified by the CAC in the declaration, and
(b)the original bargaining arrangements shall cease to have effect accordingly.
(3)The original bargaining arrangements are the bargaining arrangements as defined in paragraph 64.
(4)A voluntary outside bargaining unit is a bargaining unit which fulfils these conditions—
(a)it is not the original unit;
(b)a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf by virtue of an agreement with the employer;
(c)the union (or at least one of the unions) is not a party referred to in paragraph 64.
(5)The date specified under sub-paragraph (2)(a) must be—
(a)the date on which the relevant period expires, or
(b)if the CAC believes that to maintain the original bargaining arrangements would be impracticable or contrary to the interests of good industrial relations, the date after the date on which the declaration is issued;
and the relevant period is the period of 65 working days starting with the day after that on which the declaration is issued.