SCHEDULES
F1SCHEDULE 3AVALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS
PART IIcollective agreements and rules of undertakings
4
1
This Part of this Schedule applies to –
a
any term of a collective agreement, including an agreement which was not intended, or is presumed not to have been intended, to be a legally enforceable contract;
b
any rule made by an employer for application to all or any of the persons who are employed by him or who apply to be, or are, considered by him for employment;
c
any rule made by a trade organisation (within the meaning of section 13) or a qualifications body (within the meaning of section 14A) for application to –
i
all or any of its members or prospective members; or
ii
all or any of the persons on whom it has conferred authorisations or qualifications or who are seeking the authorisations or qualifications which it has power to confer.
2
Any term or rule to which this Part of this Schedule applies is void where –
a
the making of the collective agreement is, by reason of the inclusion of the term, unlawful by virtue of this Part of this Act;
b
the term or rule is included in furtherance of an act which is unlawful by virtue of this Part of this Act; or
c
the term or rule provides for the doing of an act which is unlawful by virtue of this Part of this Act.
3
Sub-paragraph (2) applies whether the agreement was entered into, or the rule made, before or after the date on which this Schedule comes into operation; but in the case of an agreement entered into, or a rule made, before the date on which this Schedule comes into operation, that sub-paragraph does not apply in relation to any period before that date.
Sch. 3A inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 insofar as not yet in force) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), reg. 16(2), {Sch.}