Northern Ireland Orders in Council

(a) a trade union is recognised, in accordance with Schedule 1A, as entitled to conduct collective bargaining on behalf of a bargaining unit (within the meaning of Part I of that Schedule), and

(b) a method for the conduct of collective bargaining is specified by the Industrial Court under paragraph 31(3) of that Schedule (and is not the subject of an agreement under paragraph 31(5)(a) or (b)).

    (2) The employer must from time to time invite the trade union to send representatives to a meeting for the purpose of - 

(a) consulting about the employer's policy on training for workers within the bargaining unit,

(b) consulting about his plans for training for those workers during the period of six months starting with the day of the meeting, and

(c) reporting about training provided for those workers since the previous meeting.

    (3) The date set for a meeting under paragraph (2) must not be later than - 

(a) in the case of a first meeting, the end of the period of six months starting with the day on which this Article first applies in relation to a bargaining unit, and

(b) in the case of each subsequent meeting, the end of the period of six months starting with the day of the previous meeting.

    (4) The employer shall, before the period of two weeks ending with the date of a meeting, provide to the trade union any information - 

(a) without which the union's representatives would be to a material extent impeded in participating in the meeting, and

(b) which it would be in accordance with good industrial relations practice to disclose for the purposes of the meeting.

(a) the deputy chairman, if there is only one, or

(b) if there is more than one, such of the deputy chairmen as they may agree or in default of agreement as the Department may direct,

(a) Part II;

(b) Chapter II of Part VI;

(c) Articles 92 to 95;

(d) Articles 221 and 222.".

(a) the ship's entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;

(b) under his contract of employment the person employed does not work wholly outside Northern Ireland; and

(c) the person employed is ordinarily resident in Northern Ireland.

    (8) The provisions are - 

(a) Articles 40 to 42;

(b) Parts IV and V and Chapter I of Part VI;

(c) Part VII, apart from Articles 86 to 88;

(d) Parts VIII and IX;

(e) Articles 124 and 125; and

(f) Part XI.".

(a) the length of the period specified in paragraph (2);

(b) a limit specified in paragraph (3) or (4).".

(a) at least 21 workers on the day the employer receives the request, or

(b) an average of at least 21 workers in the 13 weeks ending with that day.

    (2) To find the average under sub-paragraph (1)(b) - 

(a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);

(b) aggregate the 13 numbers;

(c) divide the aggregate by 13.

    (3) For the purposes of sub-paragraph (1)(a) any worker employed by an associated company incorporated outside Northern Ireland must be ignored unless the day the request was made fell within a period during which he ordinarily worked in Northern Ireland.

    (4) For the purposes of sub-paragraph (1)(b) any worker employed by an associated company incorporated outside Northern Ireland must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Northern Ireland.

    (5) For the purposes of sub-paragraphs (3) and (4) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Northern Ireland unless - 

(a) the ship's entry in the register specifies a port outside Northern Ireland as the port to which the vessel is to be treated as belonging,

(b) the employer is wholly outside Northern Ireland, or

(c) the worker is not ordinarily resident in Northern Ireland.

    (6) The Department may by order - 

(a) provide that sub-paragraphs (1) to (5) are not to apply, or are not to apply in specified circumstances, or

(b) vary the number of workers for the time being specified in sub-paragraph (1).

    (7) No order shall be made under sub-paragraph(6) unless a draft of it has been laid before, and approved by a resolution of, the Assembly.

     8. The request is not valid unless it - 

(a) is in writing,

(b) identifies the union or unions and the bargaining unit, and

(c) states that it is made under this Schedule.

     9. The Department may by order prescribe the form of requests and the procedure for making them, and if it does so the request is not valid unless it complies with the order.

(a) the period of 20 working days starting with the day after that on which the first period ends, or

(b) such longer period (so starting) as the parties may from time to time agree.

Employer rejects request

     11.  - (1) This paragraph applies if - 

(a) before the end of the first period the employer fails to respond to the request, or

(b) before the end of the first period the employer informs the union (or unions) that the employer does not accept the request (without indicating a willingness to negotiate).

    (2) The union (or unions) may apply to the Court to decide both these questions - 

(a) whether the proposed bargaining unit is appropriate or some other bargaining unit is appropriate;

(b) whether the union has (or unions have) the support of a majority of the workers constituting the appropriate bargaining unit.

Negotiations fail

     12.  - (1) Sub-paragraph (2) applies if - 

(a) the employer informs the union (or unions) under paragraph 10(2), and

(b) no agreement is made before the and of the second period.

    (2) The union (or unions) may apply to the Court to decide both these questions - 

(a) whether the proposed bargaining unit is appropriate or some other bargaining unit is appropriate;

(b) whether the union has (or unions have) the support of a majority of the workers constituting the appropriate bargaining unit.

    (3) Sub-paragraph (4) applies if - 

(a) the employer informs the union (or unions) under paragraph 10(2), and

(b) before the end of the second period the parties agree a bargaining unit but not that the union is (or unions are) to be recognised as entitled to conduct collective bargaining on behalf of the unit.

    (4) The union (or unions) may apply to the Court to decide the question whether the union has (or unions have) the support of a majority of the workers constituting the bargaining unit.

    (5) But no application may be made under this paragraph if within the period of 10 working days starting with the day after that on which the employer informs the union (or unions) under paragraph 10(2) the employer proposes that the Agency be requested to assist in conducting the negotiations and - 

(a) the union rejects (or unions reject) the proposal, or

(b) the union fails (or unions fail) to accept the proposal within the period of 10 working days starting with the day after that on which the employer makes the proposal.

Acceptance of applications

     13. The Court must give notice to the parties of receipt of an application under paragraph 11 or 12.

     14.  - (1) This paragraph applies if - 

(a) two or more relevant applications are made,

(b) at least one worker falling within one of the relevant bargaining units also falls within the other relevant bargaining unit (or units), and

(c) the Court has not accepted any of the applications.

    (2) A relevant application is an application under paragraph 11 or 12.

    (3) In relation to a relevant application, 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).

    (4) Within the acceptance period the Court must decide, with regard to each relevant application, whether the 10 per cent test is satisfied.

    (5) The 10 per cent test is satisfied if members of the union (or unions) constitute at least 10 per cent of the workers constituting the relevant bargaining unit.

    (6) The acceptance period is - 

(a) the period of 10 working days starting with the day after that on which the Court receives the last relevant application, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

    (7) If the Court decides that - 

(a) the 10 per cent test is satisfied with regard to more than one of the relevant applications, or

(b) the 10 per cent test is satisfied with regard to none of the relevant applications,

the Court must not accept any of the relevant applications.

    (8) If the Court decides that the 10 per cent test is satisfied with regard to one only of the relevant applications the Court - 

(a) must proceed under paragraph 15 with regard to that application, and

(b) must not accept any of the other relevant applications.

    (9) The Court must give notice of its decision to the parties.

    (10) If by virtue of this paragraph the Court does not accept an application, no further steps are to be taken under this Part in relation to that application.

     15.  - (1) This paragraph applies to these applications - 

(a) any application with regard to which no decision has to be made under paragraph 14;

(b) any application with regard to which the Court must proceed under this paragraph by virtue of paragraph 14.

    (2) Within the acceptance period the Court must decide whether - 

(a) the request for recognition to which the application relates is valid within the terms of paragraphs 5 to 9, and

(b) the application is made in accordance with paragraph 11 or 12 and admissible within the terms of paragraphs 33 to 42.

    (3) In deciding those questions the Court must consider any evidence which it has been given by the employer or the union (or unions).

    (4) If the Court decides that the request is not valid or the application is not made in accordance with paragraph 11 or 12 or is not admissible - 

(a) the Court must give notice of its decision to the parties,

(b) the Court must not accept the application, and

(c) no further steps are to be taken under this Part.

    (5) If the Court decides that the request is valid and the application is made in accordance with paragraph 11 or 12 and is admissible it must - 

(a) accept the application, and

(b) give notice of the acceptance to the parties.

    (6) The acceptance period is - 

(a) the period of 10 working days starting with the day after that on which the Court receives the application, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

Withdrawal of application

     16.  - (1) If an application under paragraph 11 or 12 is accepted by the Court, the union (or unions) may not withdraw the application - 

(a) after the Court issues a declaration under paragraph 22(2), or

(b) after the union (or the last of the unions) receives notice under paragraph 22(3) or 23(2).

    (2) If an application is withdrawn by the union (or unions) - 

(a) the Court must give notice of the withdrawal to the employer, and

(b) no further steps are to be taken under this Part.

Notice to cease consideration of application

     17.  - (1) This paragraph applies if the Court has received an application under paragraph 11 or 12 and - 

(a) it has not decided whether the application is admissible, or

(b) it has decided that the application is admissible.

    (2) No further steps are to be taken under this Part if, before the final event occurs, the parties give notice to the Court that they want no further steps to be taken.

    (3) The final event occurs when the first of the following occurs - 

(a) the Court issues a declaration under paragraph 22(2) in consequence of the application;

(b) the last day of the notification period ends;

and the notification period is that defined by paragraph 24(5) and arising from the application.

(a) the period of 20 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

(b) such longer period (so starting) as the Court must specify to the parties by notice containing reasons for the extension.

     19.  - (1) This paragraph applies if - 

(a) the Court accepts an application under paragraph 11(2) or 12(2), and

(b) the parties have not agreed an appropriate bargaining unit at the end of the appropriate period.

    (2) The Court must decide the appropriate bargaining unit within - 

(a) the period of 10 working days starting with the day after that on which the appropriate period ends, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

    (3) In deciding the appropriate bargaining unit the Court must take these matters into account - 

(a) the need for the unit to be compatible with effective management;

(b) the matters listed in sub-paragraph (4), so far as they do not conflict with that need.

    (4) The matters are - 

(a) the views of the employer and of the union (or unions);

(b) existing national and local bargaining arrangements;

(c) the desirability of avoiding small fragmented bargaining units within an undertaking;

(d) the characteristics of workers falling within the proposed bargaining unit and of any other employees of the employer whom the Court considers relevant;

(e) the location of workers.

    (5) The Court must give notice of its decision to the parties.

(a) the Court accepts an application under paragraph 11(2) or 12(2),

(b) the parties have agreed an appropriate bargaining unit at the end of the appropriate period, or the Court has decided an appropriate bargaining unit, and

(c) that bargaining unit differs from the proposed bargaining unit.

    (2) Within the decision period the Court must decide whether the application is invalid within the terms of paragraphs 43 to 50.

    (3) In deciding whether the application is invalid, the Court must consider any evidence which it has been given by the employer or the union (or unions).

    (4) If the Court decides that the application is invalid - 

(a) the Court must give notice of its decision to the parties,

(b) the Court must not proceed with the application, and

(c) no further steps are to be taken under this Part.

    (5) If the Court decides that the application is not invalid it must - 

(a) proceed with the application, and

(b) give notice to the parties that it is so proceeding.

    (6) The decision period is - 

(a) the period of 10 working days starting with the day after that on which the parties agree an appropriate bargaining unit or the Court decides an appropriate bargaining unit, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

     21.  - (1) This paragraph applies if - 

(a) the Court accepts an application under paragraph 11(2) or 12(2),

(b) the parties have agreed an appropriate bargaining unit at the end of the appropriate period, or the Court has decided an appropriate bargaining unit, and

(c) that bargaining unit is the same as the proposed bargaining unit.

    (2) This paragraph also applies if the Court accepts an application under paragraph 12(4).

    (3) The Court must proceed with the application.

     22.  - (1) This paragraph applies if - 

(a) the Court proceeds with an application in accordance with paragraph 20 or 21, and

(b) the Court is satisfied that a majority of the workers constituting the bargaining unit are members of the union (or unions).

    (2) The Court must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit.

    (3) But if any of the three qualifying conditions is fulfilled, instead of issuing a declaration under sub-paragraph (2) the Court must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.

    (4) These are the three qualifying conditions - 

(a) the Court is satisfied that a ballot should be held in the interests of good industrial relations;

(b) a significant number of the union members within the bargaining unit inform the Court that they do not want the union (or unions) to conduct collective bargaining on their behalf;

(c) membership evidence is produced which leads the Court to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the union (or unions) to conduct collective bargaining on their behalf.

    (5) For the purposes of sub-paragraph (4)(c) membership evidence is - 

(a) evidence about the circumstances in which union members became members;

(b) evidence about the length of time for which union members have been members, in a case where the Court is satisfied that such evidence should be taken into account.

     23.  - (1) This paragraph applies if - 

(a) the Court proceeds with an application in accordance with paragraph 20 or 21, and

(b) the Court is not satisfied that a majority of the workers constituting the bargaining unit are members of the union (or unions).

    (2) The Court must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.

     24.  - (1) This paragraph applies if the Court gives notice under paragraph 22(3) or 23(2).

    (2) Within the notification period - 

(a) the union (or unions), or

(b) the union (or unions) and the employer,

may notify the Court that the party making the notification does not (or the parties making the notification do not) want the Court to arrange for the holding of the ballot.

    (3) If the Court is so notified - 

(a) it must not arrange for the holding of the ballot,

(b) it must inform the parties that it will not arrange for the holding of the ballot, and why, and

(c) no further steps are to be taken under this Part.

    (4) If the Court is not so notified it must arrange for the holding of the ballot.

    (5) The notification period is the period of 10 working days starting - 

(a) for the purposes of sub-paragraph (2)(a), with the day on which the union (or last of the unions) receives the Court's notice under paragraph 22(3) or 23(2), or

(b) for the purposes of sub-paragraph (2)(b), with that day or (if later) the day on which the employer receives the Court's notice under paragraph 22(3) or 23(2).

     25.  - (1) This paragraph applies if the Court arranges under paragraph 24 for the holding of a ballot.

    (2) The ballot must be conducted by a qualified independent person appointed by the Court.,

    (3) The ballot must be conducted within - 

(a) the period of 20 working days starting with the day after that on which the qualified independent person is appointed, or

(b) such longer period (so starting) as the Court may decide.

    (4) The ballot must be conducted - 

(a) at a workplace or workplaces decided by the Court,

(b) by post, or

(c) by a combination of the methods described in sub-paragraphs (a) and (b),

depending on the Court's preference.

    (5) In deciding how the ballot is to be conducted the Court must take into account - 

(a) the likelihood of the ballot being affected by unfairness or malpractice if it were conducted at a workplace or workplaces;

(b) costs and practicality;

(c) such other matters as the Court considers appropriate.

    (6) The Court may not decide that the ballot is to be conducted as mentioned in sub-paragraph (4)(c) unless there are special factors making such a decision appropriate; and special factors include - 

(a) factors arising from the location of workers or the nature of their employment;

(b) factors put to the Court by the employer or the union (or unions).

    (7) A person is a qualified independent person if - 

(a) he satisfies such conditions as may be specified for the purposes of this paragraph by order of the Department or is himself so specified, and

(b) there are no grounds for believing either that he will carry out any functions conferred on him in relation to the ballot otherwise than competently or that his independence in relation to the ballot might reasonably be called into question.

    (8) An order under sub-paragraph (7)(a) shall be subject to negative resolution.

    (9) As soon as is reasonably practicable after the Court is required under paragraph 24 to arrange for the holding of a ballot it must inform the parties - 

(a) that it is so required;

(b) of the nature of the person appointed to conduct the ballot and the date of his appointment;

(c) of the period within which the ballot must be conducted;

(d) whether the ballot is to be conducted by post or at a workplace or workplaces;

(e) of the workplace or workplaces concerned (if the ballot is to be conducted at a workplace or workplaces).

     26.  - (1) An employer who is informed by the Court under paragraph 25(9) must comply with the following three duties.

    (2) The first duty is to co-operate generally, in connection with the ballot, with the union (or unions) and the person appointed to conduct the ballot; and the second and third duties are not to prejudice the generality of this.

    (3) The second duty is to give to the union (or unions) such access to the workers constituting the bargaining unit as is reasonable to enable the union(or unions) to inform the workers of the object of the ballot and to seek their support and their opinions on the issues involved.

    (4) The third duty is to do the following (so far as it is reasonably to expect the employer to do so) - 

(a) to give to the Court, within the period of 10 working days starting with the day after that on which the employer is informed under paragraph 25(9), the names and home addresses of the workers constituting the bargaining unit;

(b) to give to the Court, as soon as is reasonably practicable, the name and home address of any worker who joins the union after the employer has complied with paragraph (a);

(c) to inform the Court, as soon as is reasonably practicable, of any worker whose name has been given to the Court under paragraph (a) or (b) but who ceases to be within the unit.

    (5) As soon as is reasonably practicable after the Court receives any information under sub-paragraph (4) it must pass it on to the person appointed to conduct the ballot.

    (6) If asked to do so by the union (or unions) the person appointed to conduct the ballot must send to any worker - 

(a) whose name and home address have been given under sub-paragraph (5), and

(b) who is still within the unit (so far as the person so appointed is aware),

any information supplied by the union (or unions) to the person so appointed.

    (7) The duty under sub-paragraph (6) does not apply unless the union bears (or unions bear) the cost of sending the information.

    (8) Each of the following powers shall be taken to include power to issue Codes of Practice about reasonable access for the purposes of sub-paragraph (3) - 

(a) the power of the Agency under Article 90 of the 1992 Order;

(b) the power of the Department under Article 95 of that Order.

     27.  - (1) If the Court is satisfied that the employer has failed to fulfil any of the three duties imposed by paragraph 26, and the ballot has not been held, the Court may order the employer - 

(a) to take such steps to remedy the failure as the Court considers reasonable and specifies in the order, and

(b) to do so within such period as the Court considers reasonable and specifies in the order.

    (2) If the Court is satisfied that the employer has failed to comply with an order under sub-paragraph (1), and the ballot has not been held, the Court may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

    (3) If the Court issues a declaration under sub-paragraph (2) it shall take steps to cancel the holding of the ballot; and if the ballot is held it shall have no effect.

     28.  - (1) This paragraph applies if the holding of a ballot has been arranged under paragraph 24 whether or not it has been cancelled.

    (2) The gross costs of the ballot shall be borne - 

(a) as to half, by the employer, and

(b) as to half, by the union (or unions).

    (3) If there is more than one union they shall bear their half of the gross costs - 

(a) in such proportions as they jointly indicate to the person appointed to conduct the ballot, or

(b) in the absence of such an indication, in equal shares.

    (4) The person appointed to conduct the ballot may send to the employer and the union (or each of the unions) a demand stating - 

(a) the gross costs of the ballot, and

(b) the amount of the gross costs to be borne by the recipient.

    (5) In such a case the recipient must pay the amount stated to the person sending the demand, and must do so within the period of 15 working days starting with the day after that on which the demand is received.

    (6) If the amount stated is not paid in accordance with sub-paragraph (5) it shall, if a county court so orders, be recoverable as if it were payable under an order of that court.

    (7) References to the costs of the ballot are to - 

(a) the costs wholly, exclusively and necessarily incurred in connection with the ballot by the person appointed to conduct it,

(b) such reasonable amount as the person appointed to conduct the ballot charges for his services, and

(c) such other costs as the employer and the union (or unions) agree.

     29.  - (1) As soon as is reasonably practicable after the Court is informed of the result of a ballot by the person conducting it, the Court must act under this paragraph.

    (2) The Court must inform the employer and the union (or unions) of the result of the ballot.

    (3) If the result is that the union is (or unions are) supported by - 

(a) a majority of the workers voting, and

(b) at least 40 per cent of the workers constituting the bargaining unit,

the Court must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

    (4) If the result is otherwise the Court must issue a declaration that the union is (or unions are) not entitled to be so recognised.

    (5) The Department may by order amend sub-paragraph (3) so as to specify a different degree of support.

    (6) No order shall be made under sub-paragraph(5) unless a draft of it has been laid before, and approved by a resolution of, the Assembly.

(a) the period of 30 working days starting with the start day, or

(b) such longer period (so starting) as the parties may from time to time agree.

    (5) The start day is the day after that on which the parties are notified of the declaration.

     31.  - (1) This paragraph applies if an application for assistance is made to the Court under paragraph 30.

    (2) The Court must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining.

    (3) If at the end of the agreement period the parties have not made such an agreement the Court must specify to the parties the method by which they are to conduct collective bargaining.

    (4) Any method specified under sub-paragraph (3) is to have effect as if it were contained in a legally enforceable contract made by the parties.

    (5) But if the parties agree in writing - 

(a) that sub-paragraph (4) shall not apply, or shall not apply to particular parts of the method specified by the Court, or

(b) to vary or replace the method specified by the Court,

the written agreement shall have effect as a legally enforceable contract made by the parties.

    (6) Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.

    (7) If at any time before a specification is made under sub-paragraph (3) the parties jointly apply to the Court requesting it to stop taking steps under this paragraph, the Court must comply with the request.

    (8) The agreement period is - 

(a) the period of 20 working days starting with the day after that on which the Court receives the application under paragraph 30, or

(b) such longer period (so starting) as the Court may decide with the consent of the parties.

Method not carried out

     32.  - (1) This paragraph applies if - 

(a) the Court issues a declaration under this Part that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit,

(b) the parties agree a method by which they will conduct collective bargaining, and

(c) one or more of the parties fails to carry out the agreement.

    (2) The parties may apply to the Court for assistance.

    (3) Paragraph 31 applies as if "paragraph 30" (in each place) read "paragraph 30 or paragraph 32".

(a) it is made in such form as the Court specifies, and

(b) it is supported by such documents as the Court specifies.

     34. An application under paragraph 11 or 12 is not admissible unless the union gives (or unions give) to the employer - 

(a) notice of the application, and

(b) a copy of the application and any documents supporting it.

     35.  - (1) An application under paragraph 11 or 12 is not admissible if the Court is satisfied that there is already in force a collective agreement under which a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of any workers falling within the relevant bargaining unit.

    (2) But sub-paragraph (1) does not apply to an application under paragraph 11 or 12 if - 

(a) the union (or unions) recognised under the collective agreement and the union (or unions) making the application under paragraph 11 or 12 are the same, and

(b) the matters in respect of which the union is (or unions are) entitled to conduct collective bargaining do not include pay, hours or holidays.

    (3) A declaration of recognition which is the subject of a declaration under paragraph 83(2) must for the purposes of sub-paragraph (1) be treated as ceasing to have effect to the extent specified in paragraph 83(2) on the making of the declaration under paragraph 83(2).

    (4) In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if - 

(a) the union does not have (or none of the unions has) a certificate under Article 6 of the 1992 Order that it is independent,

(b) at some time there was an agreement (the old agreement) between the employer and the union under which the union (whether alone or with other unions) was recognised as entitled to conduct collective bargaining on behalf of a group of workers which was the same or substantially the same as the group covered by the agreement in question, and

(c) the old agreement ceased to have effect in the period of three years ending with the date of the agreement in question.

    (5) It is for the Court to decide whether one group of workers is the same or substantially the same as another, but in deciding the Court may take account of the views of any person it believes has an interest in the matter.

    (6) 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).

     36.  - (1) An application under paragraph 11 or 12 is not admissible unless the Court decides that - 

(a) members of the union (or unions) constitute at least 10 per cent of the workers constituting the relevant bargaining unit, and

(b) a majority of the workers constituting the relevant bargaining unit would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the bargaining unit.

    (2) 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).

    (3) The Court must give reasons for the decision.

     37.  - (1) This paragraph applies to an application made by more than one union under paragraph 11 or 12.

    (2) The application is not admissible unless - 

(a) the unions show that they will co-operate with each other in a manner likely to secure and maintain stable and effective collective bargaining arrangements, and

(b) the unions show that, if the employer wishes, they will enter into arrangements under which collective bargaining is conducted by the unions acting together on behalf of the workers constituting the relevant bargaining unit.

    (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).

     38.  - (1) This paragraph applies if - 

(a) the Court accepts a relevant application 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 Court has not issued a declaration under paragraph 22(2), 27(2), 29(3) or 29(4) in relation to that bargaining unit, and

(e) no notification has been made under paragraph 24(2).

    (2) Another relevant application is not admissible 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 is made by a union (or unions) other than the union (or unions) which made the application referred to in sub-paragraph (1).

    (3) A relevant application is an application under paragraph 11 or 12.

    (4) 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).

     39.  - (1) This paragraph applies if the Court accepts a relevant application relating to a bargaining unit or proceeds under paragraph 20 with an application relating to a bargaining unit.

    (2) Another relevant application is not admissible if - 

(a) the application is made within the period of 3 years starting with the day after that on which the Court gave notice of acceptance of the application mentioned in sub-paragraph (1),

(b) the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and

(c) the application is made by the union (or unions) which made the application mentioned in sub-paragraph (1).

    (3) A relevant application is an application under paragraph 11 or 12.

    (4) 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).

    (5) This paragraph does not apply if paragraph 40 or 41 applies.

     40.  - (1) This paragraph applies if the Court issues a declaration under paragraph 29(4) that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit; and this is so whether the ballot concerned is held under this Part or Part III.

    (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 mentioned in sub-paragraph (1), and

(c) the application is made by the union (or unions) which made the application 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).

     41.  - (1) This paragraph applies if the Court 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.

    (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).

     42.  - (1) This paragraph applies for the purposes of paragraphs 39 to 41.

    (2) It is for the Court to decide whether one bargaining unit is the same or substantially the same as another, but in deciding the Court may take account of the views of any person it believes has an interest in the matter.

(a) references to the application in question are to that application, and

(b) references to the relevant bargaining unit are to the bargaining unit agreed by the parties or decided by the Court.

     44.  - (1) The application in question is invalid if the Court is satisfied that there is already in force a collective agreement under which a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of any workers falling within the relevant bargaining unit.

    (2) But sub-paragraph (1) does not apply to the application in question if - 

(a) the union (or unions) recognised under the collective agreement and the union (or unions) making the application in question are the same, and

(b) the matters in respect of which the union is (or unions are) entitled to conduct collective bargaining do not include pay, hours or holidays.

    (3) A declaration of recognition which is the subject of a declaration under paragraph 83(2) must for the purposes of sub-paragraph (1) be treated as ceasing to have effect to the extent specified in paragraph 83(2) on the making of the declaration under paragraph 83(2).

    (4) In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if - 

(a) the union does not have (or none of the unions has) a certificate under Article 6 of the 1992 Order that it is independent,

(b) at some time there was an agreement (the old agreement) between the employer and the union under which the union (whether alone or with other unions) was recognised as entitled to conduct collective bargaining on behalf of a group of workers which was the same or substantially the same as the group covered by the agreement in question, and

(c) the old agreement ceased to have effect in the period of three years ending with the date of the agreement in question.

    (5) It is for the Court to decide whether one group of workers is the same or substantially the same as another, but in deciding the Court may take account of the views of any person it believes has an interest in the matter.

     45. The application in question is invalid unless the Court decides that - 

(a) members of the union (or unions) constitute at least 10 per cent of the workers constituting the relevant bargaining unit, and

(b) a majority of the workers constituting the relevant bargaining unit would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the bargaining unit.

     46.  - (1) This paragraph applies if - 

(a) the Court 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 Court has not issued a declaration under paragraph 22(2), 27(2), 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).

     47.  - (1) This paragraph applies if the Court 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.

    (2) The application in question is invalid if - 

(a) the application is made within the period of 3 years starting with the day after that on which the Court gave notice of acceptance of the application mentioned in sub-paragraph (1),

(b) the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and

(c) the application is made by the union (or unions) which made the application mentioned in sub-paragraph (1).

    (3) This paragraph does not apply if paragraph 48 or 49 applies.

     48.  - (1) This paragraph applies if the Court issues a declaration under paragraph 29(4) that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit; and this is so whether the ballot concerned is held under this Part or Part III.

    (2) The application in question is invalid if - 

(a) the application is made within the period of 3 years starting with the date of the declaration,

(b) the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and

(c) the application is made by the union (or unions) which made the application leading to the declaration.

     49.  - (1) This paragraph applies if the Court issues a declaration under paragraph 121(3) that bargaining arrangements are to cease to have effect; and this is so whether he ballot concerned is held under Part IV or Part V.

    (2) The application in question is invalid 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.

     50.  - (1) This paragraph applies for the purposes of paragraphs 47 to 49.

    (2) It is for the Court to decide whether one bargaining unit is the same or substantially the same as another, but in deciding the Court may take account of the views of any person it believes has an interest in the matter.

(a) the original application is the application referred to in paragraph 38(1) or 46(1), and

(b) the competing application is the other application referred to in paragraph 38(2) or the application in question referred to in paragraph 46(2);

but an application cannot be an original application unless it was made under paragraph 11(2) or 12(2).

    (2) This paragraph applies if - 

(a) the Court decides that the competing application is not admissible by reason of paragraph 38 or is invalid by reason of paragraph 46,

(b) at the time the decision is made the parties to the original application have not agreed the appropriate bargaining unit under paragraph 18, and the Court has not decided the appropriate bargaining unit under paragraph 19, in relation to the application, and

(c) the 10 per cent test (within the meaning given by paragraph 14) is satisfied with regard to the competing application.

    (3) In such a case - 

(a) the Court must cancel the original application,

(b) the Court must give notice to the parties to the application that it has been cancelled,

(c) no further steps are to be taken under this Part in relation to the application, and

(d) the application shall be treated as if it had never been admissible.

(a) the agreement is made in the permitted period between a union (or unions) and an employer in consequence of a request made under paragraph 4 and valid within the terms of paragraphs 5 to 9;

(b) under the agreement the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a group or groups of workers employed by the employer;

(c) if sub-paragraph (5) applies to the agreement, it is satisfied.

    (3) The permitted period is the period which begins with the day on which the employer receives the request and ends when the first of the following occurs - 

(a) the union withdraws (or unions withdraws) the request;

(b) the union withdraws (or unions withdraw) any application under paragraph 11 or 12 made in consequence of the request;

(c) the Court gives notice of a decision under paragraph 14(7) which precludes it from accepting such an application under paragraph 11 or 12;

(d) the Court gives notice under paragraph 15(4)(a) or 20(4)(a) in relation to such an application under paragraph 11 or 12;

(e) the parties give notice to the court under paragraph 17(2) in relation to such an application under paragraph 11 or 12;

(f) the Court issues a declaration under paragraph 22(2) in consequence of such an application under paragraph 11 or 12;

(g) the Court is notified under paragraph 24(2) in relation to such an application under paragraph 11 or 12;

(h) the last day of the notification period ends (the notification period being that defined by paragraph 24(5) and rising from such an application under paragraph 11 or 12);

(i) the Court is required under paragraph 51(3) to cancel such an application under paragraph 11 or 12.

    (4) Sub-paragraph (5) applies to an agreement if - 

(a) at the time it is made the Court has received an application under paragraph 11 or 12 in consequence of the request mentioned in sub-paragraph (2), and

(b) the Court has not decided whether the application is admissible or it has decided that it is admissible.

    (5) This sub-paragraph is satisfied if, in relation to the application under paragraph 11 or 12, the parties give notice to the Court under paragraph 17 before the final event (as defined in paragraph 17) occurs.

(a) the period of 10 working days starting with the day after that on which the Court receives the application under sub-paragraph (1), or

(b) such longer period (so starting) as the Court may specify to the parties to the agreement by notice containing reasons for the extension.

Termination of agreement for recognition

     56.  - (1) The employer may not terminate an agreement for recognition before the relevant period ends.

    (2) After that period ends the employer may terminate the agreement, with or without the consent of the union (or unions).

    (3) The union (or unions) may terminate an agreement for recognition at any time, with or without the consent of the employer.

    (4) Sub-paragraphs (1) to (3) have effect subject to the terms of the agreement or any other agreement of the parties.

    (5) The relevant period is the period of three years starting with the day after the date of the agreement.

     57.  - (1) If an agreement for recognition is terminated, as from the termination the agreement and any provisions relating to the collective bargaining method shall cease to have effect.

    (2) For this purpose provisions relating to the collective bargaining method are - 

(a) any agreement between the parties as to the method by which collective bargaining is to be conducted with regard to the bargaining unit, or

(b) anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted with regard to the bargaining unit.

Application to Court to specify method

     58.  - (1) This paragraph applies if the parties make an agreement for recognition.

    (2) The parties may in the negotiation period conduct negotiations with a view to agreeing a method by which they will conduct collective bargaining.

    (3) If no agreement is made in the negotiation period the employer or the union (or unions) may apply to the Court for assistance.

    (4) The negotiation period is - 

(a) the period of 30 working days starting with the start day, or

(b) such longer period (so starting) as the parties may from time to time agree.

    (5) The start day is the day after that on which the agreement is made.

     59.  - (1) This paragraph applies if - 

(a) the parties to an agreement for recognition agree a method by which they will conduct collective bargaining, and

(b) one or more of the parties fails to carry out the agreement as to a method.

    (2) The employer or the union (or unions) may apply to the Court for assistance.

     60.  - (1) This paragraph applies if an application for assistance is made to the Court under paragraph 58 or 59.

    (2) The application is not admissible unless the conditions in sub-paragraphs (3) and (4) are satisfied.

    (3) The condition is that the employer, taken with any associated employer or employers, must - 

(a) employ at least 21 workers on the day the application is made, or

(b) employ an average of at least 21 workers in the 13 weeks ending with that day.

    (4) The condition is that the union (or every union) has a certificate under Article 6 of the 1992 Order that it is independent.

    (5) To find the average under sub-paragraph (3)(b) - 

(a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);

(b) aggregate the 13 numbers;

(c) divide the aggregate by 13.

    (6) For the purposes of sub-paragraph (3)(a) any worker employed by an associated company incorporated outside Northern Ireland must be ignored unless the day the application was made fell within a period during which he ordinarily worked in Northern Ireland.

    (7) For the purposes of sub-paragraph (3)(b) any worker employed by an associated company incorporated outside Northern Ireland must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Northern Ireland.

    (8) For the purposes of sub-paragraphs (6) and (7) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Northern Ireland unless - 

(a) the ship's entry in the register specifies a port outside Northern Ireland as the port to which the vessel is to be treated as belonging,

(b) the employment is wholly outside Northern Ireland, or

(c) the worker is not ordinarily resident in Northern Ireland.

    (9) An order made under paragraph 7(6) may also - 

(a) provide that sub-paragraphs (2), (3) and (5) to (8) of this paragraph are not to apply, or are not to apply in specified circumstances, or

(b) vary the number of workers for the time being specified in sub-paragraph (3).

     61.  - (1) An application to the Court is not admissible unless - 

(a) it is made in such form as the Court specifies, and

(b) it is supported by such documents as the Court specifies.

    (2) An application which is made by a union (or unions) to the Court is not admissible unless the union gives (or unions give) to the employer - 

(a) notice of the application, and

(b) a copy of the application and any documents supporting it.

    (3) An application which is made by an employer to the Court is not admissible unless the employer gives to the union (or each of the unions) - 

(a) notice of the application, and

(b) a copy of the application and any documents supporting it.

Court's response to application

     62.  - (1) The Court must give notice to the parties of receipt of an application under paragraph 58 or 59.

    (2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraphs 60 and 61.

    (3) In deciding whether an application is admissible the Court must consider any evidence which it has been given by the employer or the union (or unions).

    (4) If the Court decides that the application is not admissible - 

(a) the Court must give notice of its decision to the parties,

(b) the Court must not accept the application, and

(c) no further steps are to be taken under this Part.

    (5) If the Court decides that the application is admissible it must - 

(a) accept the application, and

(b) give notice of the acceptance to the parties.

    (6) The acceptance period is - 

(a) the period of 10 working days starting with the day after that on which the Court receives the application, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

     63.  - (1) If the Court accepts an application it must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining.

    (2) If at the end of the agreement period the parties have not made such an agreement the Court must specify to the parties the method by which they are to conduct collective bargaining.

    (3) Any method specified under sub-paragraph (2) is to have effect as if it were contained in a legally enforceable contract made by the parties.

    (4) But if the parties agree in writing - 

(a) that sub-paragraph (3) shall not apply, or shall not apply to particular parts of the method specified by the Court, or

(b) to vary or replace the method specified by the Court, the written agreement shall have effect as a legally enforceable contract made by the parties.

    (5) Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.

    (6) If the Court accepts an application, the applicant may not withdraw it after the end of the agreement period.

    (7) If at any time before a specification is made under sub-paragraph (2) the parties jointly apply to the Court requesting it to stop taking steps under this paragraph, the Court must comply with the request.

    (8) The agreement period is - 

(a) the period of 20 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

(b) such longer period (so starting) as the parties may from time to time agree.

(a) the Court has issued a declaration that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, and

(b) provisions relating to the collective bargaining method apply in relation to the unit.

    (2) In such a case, in this Part - 

(a) references to the original unit are to the bargaining unit on whose behalf the union is (or unions are) recognised as entitled to conduct collective bargaining, and

(b) references to the bargaining arrangements are to the declaration and to the provisions relating to the collective bargaining method which apply in relation to the original unit.

    (3) For this purpose provisions relating to the collective bargaining method are - 

(a) the parties' agreement as to the method by which collective bargaining is to be conducted with regard to the original unit,

(b) anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted with regard to the original unit, or

(c) any provision of this Part that a method of collective bargaining is to have effect with regard to the original unit.

     65. References in this Part to the parties are to the employer and the union (or unions) concerned.

(a) a change in the organisation or structure of the business carried on by the employer;

(b) a change in the activities pursued by the employer in the course of the business carried on by him;

(c) a substantial change in the number of workers employed in the original unit.

     68.  - (1) The Court must give notice to the parties of receipt of an application under paragraph 66.

    (2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraphs 67 and 92.

    (3) In deciding whether the application is admissible the Court must consider any evidence which it has been given by the employer or the union (or unions).

    (4) If the Court decides that the application is not admissible - 

(a) the Court must give notice of its decision to the parties,

(b) the Court must not accept the application, and

(c) no further steps are to be taken under this Part.

    (5) If the Court decides that the application is admissible it must - 

(a) accept the application, and

(b) give notice of the acceptance to the parties.

    (6) The acceptance period is - 

(a) the period of 10 working days starting with the day after that on which the Court receives the application, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

     69.  - (1) This paragraph applies if - 

(a) the Court gives notice of acceptance of the application, and

(b) before the end of the first period the parties agree a bargaining unit or units (the new unit or units) differing from the original unit and inform the Court of their agreement.

    (2) If in the Court's opinion the new unit (or any of the new units) contains at least one worker falling within an outside bargaining unit no further steps are to be taken under this Part.

    (3) If sub-paragraph (2) does not apply - 

(a) the Court must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit or units;

(b) so far as it affects workers in the new unit (or units) who fall within the original unit, the declaration shall have effect in place of any declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;

(c) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit or units, with any modifications which the Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

    (4) The first period is - 

(a) the period of 10 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

(b) such longer period (so starting) as the parties may from time to time agree and notify to the Court.

    (5) An 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;

(c) the union (or at least one of the unions) is not a party referred to in paragraph 64.

     70.  - (1) This paragraph applies if - 

(a) the Court gives notice of acceptance of the application, and

(b) the parties do not inform the Court before the end of the first period that they have agreed a bargaining unit or units differing from the original unit.

    (2) During the second period - 

(a) the Court must decide whether or not the original unit continues to be an appropriate bargaining unit;

(b) if the Court decides that the original unit does not so continue, it must decide what other bargaining unit is or units are appropriate;

(c) the Court must give notice to the parties of its decision or decisions under paragraphs (a) and (b).

    (3) In deciding whether or not the original unit continues to be an appropriate bargaining unit the Court must take into account only these matters - 

(a) any change in the organisation or structure of the business carried on by the employer;

(b) any change in the activities pursued by the employer in the course of the business carried on by him;

(c) any substantial change in the number of workers employed in the original unit.

    (4) In deciding what other bargaining unit is or units are appropriate the Court must take these matters into account - 

(a) the need for the unit or units to be compatible with effective management;

(b) the matters listed in sub-paragraph (5), so far as they do not conflict with that need.

    (5) The matters are - 

(a) the views of the employer and of the union (or unions);

(b) existing national and local bargaining arrangements;

(c) the desirability of avoiding small fragmented bargaining units within an undertaking;

(d) the characteristics of workers falling within the original unit and of any other employees of the employer whom the Court considers relevant;

(e) the location of workers.

    (6) If the Court decides that two or more bargaining units are appropriate its decision must be such that no worker falls within more than one of them.

    (7) The second period is - 

(a) the period of 10 working days starting with the day after that on which the first period ends, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

     71. If the Court gives notice under paragraph 70 of a decision that the original unit continues to be an appropriate bargaining unit no further steps are to be taken under this Part.

     72. Paragraph 82 applies if the Court gives notice under paragraph 70 of - 

(a) a decision that the original unit is no longer an appropriate bargaining unit, and

(b) a decision as to the bargaining unit which is (or units which are) appropriate.

     73.  - (1) This paragraph applies if - 

(a) the parties agree under paragraph 69 a bargaining unit or units differing from the original unit,

(b) paragraph 69(2) does not apply, and

(c) at least one worker falling within the original unit does not fall within the new unit (or any of the new units).

    (2) In such a case - 

(a) the Court must issue a declaration that the bargaining arrangements, so far as relating to the worker or workers mentioned in sub-paragraph (1)(c), are to cease to have effect on a date specified by the Court in the declaration, and

(b) the bargaining arrangements shall cease to have effect accordingly.

Employer believes unit has ceased to exist

     74.  - (1) If the employer - 

(a) believes that the original unit has ceased to exist, and

(b) wishes the bargaining arrangements to cease to have effect,

he must give the union (or each of the unions) a notice complying with sub-paragraph (2) and must give a copy of the notice to the Court.

    (2) A notice complies with this sub-paragraph if it - 

(a) identifies the unit and the bargaining arrangements,

(b) states the date on which the notice is given,

(c) states that the unit has ceased to exist, and

(d) states that the bargaining arrangements are to cease to have effect on a date which is specified in the notice and which falls after the end of the period of 35 working days starting with the day after that on which the notice is given.

    (3) Within the validation period the Court must decide whether the notice complies with sub-paragraph (2).

    (4) If the Court decides that the notice does not comply with sub-paragraph (2) - 

(a) the Court must give the parties notice of its decision, and

(b) the employer's notice shall be treated as not having been given.

    (5) If the Court decides that the notice complies with sub-paragraph (2) it must give the parties notice of the decision.

    (6) The bargaining arrangements shall cease to have effect on the date specified under sub-paragraph (2)(d) if - 

(a) the Court gives notice under sub-paragraph (5), and

(b) the union does not (or unions do not) apply to the Court under paragraph 75.

    (7) The validation period is - 

(a) the period of 10 working days starting with the day after that on which the Court receives the copy of the notice, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

     75.  - (1) Paragraph 76 applies if - 

(a) the Court gives notice under paragraph 74(5), and

(b) within the period of 10 working days starting with the day after that on which the notice is given the union makes (or unions make) an application to the Court for a decision on the questions specified in sub-paragraph (2).

    (2) The questions are - 

(a) whether the original unit has ceased to exist;

(b) whether the original unit is no longer appropriate by reason of any of the matters specified in sub-paragraph (3).

    (3) The matters are - 

(a) a change in the organisation or structure of the business carried on by the employer;

(b) a change in the activities pursued by the employer in the course of the business carried on by him;

(c) a substantial change in the number of workers employed in the original unit.

     76.  - (1) The Court must give notice to the parties of receipt of an application under paragraph 75.

    (2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraph 92.

    (3) In deciding whether the application is admissible the Court must consider any evidence which it has been given by the employer or the union (or unions).

    (4) If the Court decides that the application is not admissible - 

(a) the Court must give notice of its decision to the parties,

(b) the Court must not accept the application, and

(c) no further steps are to be taken under this Part.

    (5) If the Court decides that the application is admissible it must - 

(a) accept the application, and

(b) give notice of the acceptance to the parties.

    (6) The acceptance period is - 

(a) the period of 10 working days starting with the day after that on which the Court receives the application, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

     77.  - (1) If the Court accepts an application it - 

(a) must give the employer and the union (or unions) an opportunity to put their views on the questions in relation to which the application was made;

(b) must decide the questions before the end of the decision period.

    (2) If the Court decides that the original unit has ceased to exist - 

(a) the Court must give the parties notice of its decision, and

(b) the bargaining arrangements shall cease to have effect on the termination date.

    (3) If the Court decides that the original unit has not ceased to exist, and that it is not the case that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 75(3) - 

(a) the Court must give the parties notice of its decision, and

(b) the employer's notice shall be treated as not having been given.

    (4) If the Court decides that the original unit has not ceased to exist, and that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 75(3), the Court must give the parties notice of its decision.

    (5) The decision period is - 

(a) the period of 10 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

    (6) The termination date is the later of - 

(a) the date specified under paragraph 74(2)(d), and

(b) the day after the last day of the decision period.

     78.  - (1) This paragraph applies if - 

(a) the Court gives notice under paragraph 77(4), and

(b) before the end of the first period the parties agree a bargaining unit or units (the new unit or units) differing from the original unit and inform the Court of their agreement.

    (2) If in the Court's opinion the new unit (or any of the new units) contains at least one worker falling within an outside bargaining unit no further steps are to be taken under this Part.

    (3) If sub-paragraph (2) does not apply - 

(a) the Court must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit or units;

(b) so far as it affects workers in the new unit (or units) who fall within the original unit, the declaration shall have effect in place of any declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;

(c) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit or units, with any modifications which the Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

    (4) The first period is - 

(a) the period of 10 working days starting with the day after that on which the Court gives notice under paragraph 77(4), or

(b) such longer period (so starting) as the parties may from time to time agree and notify to the Court.

    (5) An 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;

(c) the union (or at least one of the unions) is not a party referred to in paragraph 64.

     79.  - (1) This paragraph applies if - 

(a) the Court gives notice under paragraph 77(4), and

(b) the parties do not inform the Court before the end of the first period that they have agreed a bargaining unit or units differing from the original unit.

    (2) During the second period the Court - 

(a) must decide what other bargaining unit is or units are appropriate;

(b) must give notice of its decision to the parties.

    (3) In deciding what other bargaining unit is or units are appropriate, the Court must take these matters into account - 

(a) the need for the unit or units to be compatible with effective management;

(b) the matters listed in sub-paragraph (4), so far as they do not conflict with that need.

    (4) The matters are - 

(a) the views of the employer and of the union (or unions);

(b) existing national and local bargaining arrangements;

(c) the desirability of avoiding small fragmented bargaining units within an undertaking;

(d) the characteristics of workers falling within the original unit and of any other employees of the employer whom the Court considers relevant;

(e) the location of workers.

    (5) If the Court decides that two or more bargaining units are appropriate its decision must be such that no worker falls within more than one of them.

    (6) The second period is - 

(a) the period of 10 working days starting with the day after that on which the first period ends, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

     80. Paragraph 82 applies if the Court gives notice under paragraph 79 of a decision as to the bargaining unit which is (or units which are) appropriate.

     81.  - (1) This paragraph applies if - 

(a) the parties agree under paragraph 78 a bargaining unit or units differing from the original unit,

(b) paragraph 78(2) does not apply, and

(c) at least one worker falling within the original unit does not fall within the new unit (or any of the new units).

    (2) In such a case - 

(a) the Court must issue a declaration that the bargaining arrangements, so far as relating to the worker or workers mentioned in sub-paragraph (1)(c), are to cease to have effect on a date specified by the Court in the declaration, and

(b) the bargaining arrangements shall cease to have effect accordingly.

Position where Court decides new unit

     82.  - (1) This paragraph applies if the Court gives notice under paragraph 70 of - 

(a) a decision that the original unit is no longer an appropriate bargaining unit, and

(b) a decision as to the bargaining unit which is (or units which are) appropriate.

    (2) This paragraph also applies if the Court gives notice under paragraph 79 of a decision as to the bargaining unit which is (or units which are) appropriate.

    (3) The court - 

(a) must proceed as stated in paragraphs 83 to 89 with regard to the appropriate unit (if there is one only), or

(b) must proceed as stated in paragraphs 83 to 89 with regard to each appropriate unit separately (if there are two or more).

    (4) References in those paragraphs to the new unit are to the appropriate unit under consideration.

     83.  - (1) This paragraph applies if in the Court's opinion the new unit contains at least one worker falling within a statutory outside bargaining unit.

    (2) In such a case - 

(a) the Court must issue a declaration that the relevant 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 Court in the declaration, and

(b) the relevant bargaining arrangements shall cease to have effect accordingly.

    (3) The relevant bargaining arrangements are - 

(a) the bargaining arrangements relating to the original unit, and

(b) the bargaining arrangements relating to each statutory outside bargaining unit containing workers who fall within the new unit.

    (4) The bargaining arrangements relating to the original unit are the bargaining arrangements as defined in paragraph 64.

    (5) The bargaining arrangements relating to an outside unit are - 

(a) the declaration recognising a unit (or unions) as entitled to conduct collective bargaining on behalf of the workers constituting the outside unit, and

(b) the provisions relating to the collective bargaining method.

    (6) For this purpose the provisions relating to the collective bargaining method are - 

(a) any agreement by the employer and the union (or unions) as to the method by which collective bargaining is to be conducted with regard to the outside unit,

(b) anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted with regard to the outside unit, or

(c) any provision of this Part that a method of collective bargaining is to have effect with regard to the outside unit.

    (7) A statutory 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 a declaration of the Court;

(c) the union (or at least one of the unions) is not a party referred to in paragraph 64.

    (8) The date specified under sub-paragraph (1)(a) must be - 

(a) the date on which the relevant period expires, or

(b) if the Court believes that to maintain the relevant 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.

     84.  - (1) This paragraph applies if in the Court's opinion the new unit contains - 

(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 Court 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 Court 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 Court 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.

     85.  - (1) If the Court's opinion is not that mentioned in paragraph 83(1) or 84(1) it must - 

(a) decide whether the difference between the original unit and the new unit is such that the support of the union (or unions) within the new unit needs to be assessed, and

(b) inform the parties of its decision.

    (2) If the Court's decision is that such support does not need to be assessed - 

(a) the Court must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit;

(b) so far as it affects workers in the new unit who fall within the original unit, the declaration shall have effect in place of any declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;

(c) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

     86.  - (1) This paragraph applies if the Court decides under paragraph 85(1) that the support of the union(or unions) within the new unit needs to be assessed.

    (2) The Court must decide these questions - 

(a) whether members of the union (or unions) constitute at least 10 per cent of the workers constituting the new unit;

(b) whether a majority of the workers constituting the new unit would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the new unit.

    (3) If the Court decides one or both of the questions in the negative - 

(a) the Court must issue a declaration that the 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 Court in the declaration, and

(b) the bargaining arrangements shall cease to have effect accordingly.

     87.  - (1) This paragraph applies if - 

(a) the Court decides both the questions in paragraph 86(2) in the affirmative, and

(b) the Court is satisfied that a majority of the workers constituting the new unit are members of the union (or unions).

    (2) The Court must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the new unit.

    (3) But if any of the three qualifying condition is fulfilled, instead of issuing a declaration under sub-paragraph (2) the Court must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the new unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.

    (4) These are the three qualifying conditions - 

(a) the Court is satisfied that a ballot should be held in the interests of good industrial relations;

(b) a significant number of the union members within the new unit inform the Court that they do not want the union (or unions) to conduct collective bargaining on their behalf;

(c) membership evidence is produced which leads the Court to conclude that there are doubts whether a significant number of the union members within the new unit want the union (or unions) to conduct collective bargaining on their behalf.

    (5) For the purposes of sub-paragraph (4)(c) membership evidence is - 

(a) evidence about the circumstances in which union members became members;

(b) evidence about the length of time for which union members have been members, in a case where the Court is satisfied that such evidence should be taken into account.

    (6) If the Court issues a declaration under sub-paragraph (2) - 

(a) so far as it affects workers in the new unit who fall within the original unit, the declaration shall have effect in place of any declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;

(b) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

     88.  - (1) This paragraph applies if - 

(a) the Court decides both the questions in paragraph 86(2) in the affirmative, and

(b) the Court is not satisfied that a majority of the workers constituting the new unit are members of the union (or unions).

    (2) The Court must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the new unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.

     89.  - (1) If the Court gives notice under paragraph 87(3) or 88(2) the union (or unions) may within the notification period notify the Court that the union does not (or unions do not) want the Court to arrange for the holding of the ballot; and the notification period is the period of 10 working days starting with the day after that on which the union (or last of the unions) receives the Court's notice.

    (2) If the Court is so notified - 

(a) it must not arrange for the holding of the ballot,

(b) it must inform the parties that it will not arrange for the holding of the ballot, and why,

(c) it must issue a declaration that the bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect on a date specified by it in the declaration, and

(d) the bargaining arrangements shall cease to have effect accordingly.

    (3) If the Court is not so notified it must arrange for the holding of the ballot.

    (4) Paragraph 25 applies if the Court arranges under this paragraph for the holding of a ballot (as well as if the Court arranges under paragraph 24 for the holding of a ballot).

    (5) Paragraphs 26 to 29 apply accordingly, but as if references to the bargaining unit were references to the new unit.

    (6) If as a result of the ballot the Court issues a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit - 

(a) so far as it affects workers in the new unit who fall within the original unit, the declaration shall have effect in place of any declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;

(b) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

    (7) If as a result of the ballot the Court issues a declaration that the union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of the new unit - 

(a) the Court must state in the declaration the date on which the bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect, and

(b) the bargaining arrangements shall cease to have effect accordingly.

    (8) Paragraphs (a) and (b) of sub-paragraph (6) also apply if the Court issues a declaration under paragraph 27(2).

(a) the Court decides an appropriate bargaining unit or units under paragraph 70 or 79, and

(b) at least one worker falling within the original unit does not fall within the new unit (or any of the new units).

    (2) In such a case - 

(a) the Court must issue a declaration that the bargaining arrangements, so far as relating to the worker or workers mentioned in sub-paragraph (1)(b), are to cease to have effect on a date specified by the Court in the declaration, and

(b) the bargaining arrangements shall cease to have effect accordingly.

     91.  - (1) This paragraph applies if - 

(a) the Court has proceeded as stated in paragraphs 83 to 89 with regard to the new unit (if there is one only) or with regard to each new unit (if there are two or more), and

(b) in so doing the Court has issued one or more declarations under paragraph 83.

    (2) The Court must - 

(a) consider each declaration issued under paragraph 83, and

(b) in relation to each declaration, identify each statutory outside bargaining unit which contains at least one worker who also falls within the new unit to which the declaration relates;

and in this paragraph each statutory outside bargaining unit so identified is referred to as a parent unit.

    (3) The Court must then - 

(a) consider each parent unit, and

(b) in relation to each parent unit, identify any workers who fall within the parent unit but who do not fall within the new unit (or any of the new units);

and in this paragraph the workers so identified in relation to a parent unit are referred to as a residual unit.

    (4) In relation to each residual unit, the Court must issue a declaration that the outside union is (or outside unions are) recognised as entitled to conduct collective bargaining on its behalf.

    (5) But no such declaration shall be issued in relation to a residual unit if the Court has received an application under paragraph 66 or 75 in relation to its parent unit.

    (6) In this paragraph references to the outside union (or to outside unions) in relation to a residual unit are to the union which is (or unions which are) recognised as entitled to conduct collective bargaining on behalf of its parent unit.

    (7) If the Court issues a declaration under sub-paragraph (4) - 

(a) the declaration shall have effect in place of the existing declaration that the outside union is (or outside unions are) recognised as entitled to conduct collective bargaining on behalf of the parent unit, so far as the existing declaration relates to the residual unit;

(b) if there is a method of collective bargaining relating to the parent unit, it shall have effect in relation to the residual unit with any modifications which the Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

Applications under this Part

     92.  - (1) An application to the Court under this Part is not admissible unless - 

(a) it is made in such form as the Court specifies, and

(b) it is supported by such documents as the Court specifies.

    (2) An application which is made by a union (or unions) to the Court under this Part is not admissible unless the union gives (or unions give) to the employer - 

(a) notice of the application, and

(b) a copy of the application and any documents supporting it.

    (3) An application which is made by an employer to the Court under this Part is not admissible unless the employer gives to the union (or each of the unions) - 

(a) notice of the application, and

(b) a copy of the application and any documents supporting it.

Withdrawal of application

     93.  - (1) If an application under paragraph 66 or 75 is accepted by the Court, the applicant (or applicants) may not withdraw the application - 

(a) after the Court issues a declaration under paragraph 69(3) or 78(3),

(b) after the Court decides under paragraph 77(2) or 77(3),

(c) after the Court issues a declaration under paragraph 83(2), 85(2), 86(3) or 87(2) in relation to the new unit (where there is only one) or a declaration under any of those paragraphs in relation to any of the new units (where there is more than one),

(d) after the union has (or unions have) notified the Court under paragraph 89(1) in relation to the new unit (where there is only one) or any of the new units (where there is more than one), or

(e) after the end of the notification period referred to in paragraph 89(1) and relating to the new unit (where there is only one) or any of the new units (where there is more than one).

    (2) If an application is withdrawn by the applicant (or applicants) - 

(a) the Court must give notice of the withdrawal to the other party (or parties), and

(b) no further steps are to be taken under this Part.

Meaning of collective bargaining

     94.  - (1) This paragraph applies for the purposes of this Part.

    (2) In relation to paragraphs 69(5), 78(5) and 83(6), collective bargaining has the meaning given by Article 2(2) of the 1992 Order.

    (3) In relation to a new unit references to collective bargaining are to negotiations relating to the matters which were the subject of collective bargaining in relation to the corresponding original unit; and the corresponding original unit is the unit which was the subject of an application under paragraph 66 or 75 in consequence of which the new unit was agreed by the parties or decided by the Court.

    (4) But if the parties agree matters as the subject of collective bargaining in relation to the new unit, references to collective bargaining in relation to that unit are to negotiations relating to the agreed matters; and this is the case whether the agreement is made before or after the time when the Court issues a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit.

    (5) In relation to a residual unit in relation to which a declaration is issued under paragraph 91, references to collective bargaining are to negotiations relating to the matters which were the subject of collective bargaining in relation to the corresponding parent unit.

    (6) In construing paragraphs 69(3)(c), 78(3)(c), 85(2)(c), 87(6)(b) and 89(6)(b) - 

(a) sub-paragraphs (3) and (4) do not apply, and

(b) references to collective bargaining are to negotiations relating to pay, hours and holidays.

Method of collective bargaining

     95.  - (1) This paragraph applies for the purposes of this Part.

    (2) Where a method of collective bargaining has effect in relation to a new unit, that method shall have effect as if it were contained in a legally enforceable contract made by the parties.

    (3) But if the parties agree in writing - 

(a) that sub-paragraph (2) shall not apply, or shall not apply to particular parts of the method, or

(b) to vary or replace the method,

the written agreement shall have effect as a legally enforceable contract made by the parties.

    (4) Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.

(a) the parties' agreement as to the method by which collective bargaining is to be conducted,

(b) anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted, or

(c) any provision of Part III that a method of collective bargaining is to have effect.

     97. For the purposes of this Part the relevant date is the date of the expiry of the period of 3 years starting with the date of the Court's declaration.

     98. References in this Part to the parties are to the employer and the union (or unions) concerned.

(a) the employer believes that he, taken with any associated employer or employers, employed an average of fewer than 21 workers in any period of 13 weeks, and

(b) that period ends on or after the relevant date.

    (2) If the employer wishes the bargaining arrangements to cease to have effect, he must give the union (or each of the unions) a notice complying with sub-paragraph (3) and must give a copy of the notice to the Court.

    (3) A notice complies with this sub-paragraph if it - 

(a) identifies the bargaining arrangements,

(b) specifies the period of 13 weeks in question,

(c) states the date on which the notice is given,

(d) is given within the period of 5 working days starting with the day after the last day of the specified period of 13 weeks,

(e) states that the employer, taken with any associated employer or employers, employed an average of fewer than 21 workers in the specified period of 13 weeks, and

(f) states that the bargaining arrangements are to cease to have effect on a date which is specified in the notice and which falls after the end of the period of 35 working days starting with the day after that on which the notice is given.

    (4) To find the average number of workers employed by the employer, taken with any associated employer or employers, in the specified period of 13 weeks - 

(a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);

(b) aggregate the 13 numbers;

(c) divide the aggregate by 13.

    (5) For the purposes of sub-paragraph (1)(a) any worker employed by an associated company incorporated outside Northern Ireland must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Northern Ireland.

    (6) For the purposes of sub-paragraph (5) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Northern Ireland unless - 

(a) the ship's entry in the register specifies a port outside Northern Ireland as the port to which the vessel is to be treated as belonging,

(b) the employment is wholly outside Northern Ireland, or

(c) the worker is not ordinarily resident in Northern Ireland.

    (7) An order made under paragraph 7(6) may also - 

(a) provide that sub-paragraphs (1) to (6) of this paragraph and paragraphs 100 to 103 are not to apply, or are not to apply in specified circumstances, or

(b) vary the number of workers for the time being specified in sub-paragraphs (1)(a) and (3)(e).

     100.  - (1) Within the validation period the Court must decide whether the notice complies with paragraph 99(3).

    (2) If the Court decides that the notice does not comply with paragraph 99(3) - 

(a) the Court must give the parties notice of its decision, and

(b) the employer's notice shall be treated as not having been given.

    (3) If the Court decides that the notice complies with paragraph 99(3) it must give the parties notice of the decision.

    (4) The bargaining arrangements shall cease to have effect on the date specified under paragraph 99(3)(f) if - 

(a) the Court gives notice under sub-paragraph (3), and

(b) the union does not (or unions do not) apply to the Court under paragraph 101.

    (5) The validation period is - 

(a) the period of 10 working days starting with the day after that on which the Court receives the copy of the notice, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

     101.  - (1) This paragraph applies if - 

(a) the Court gives notice under paragraph 100(3), and

(b) within the period of 10 working days starting with the day after that on which the notice is given, the union makes (or unions make) an application to the Court for a decision whether the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and whether the statement made under paragraph 99(3)(e) is correct.

    (2) An application is not admissible unless - 

(a) it is made in such form as the Court specifies, and

(b) it is supported by such documents as the Court specifies.

    (3) An application is not admissible unless the union gives (or unions give) to the employer - 

(a) notice of the application, and

(b) a copy of the application and any documents supporting it.

    (4) An application is not admissible if - 

(a) a relevant application was made within the period of 3 years prior to the date of the application,

(b) the relevant application and the application relate to the same bargaining unit, and

(c) the Court accepted the relevant application.

    (5) A relevant application is an application made to the Court - 

(a) by the union (or the unions) under this paragraph,

(b) by the employer under paragraph 106, 107 or 128, or

(c) by a worker (or workers) under paragraph 112.

     102.  - (1) The Court must give notice to the parties of receipt of an application under paragraph 101.

    (2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraph 101.

    (3) In deciding whether an application is admissible the Court must consider any evidence which it has been given by the employer or the union (or unions).

    (4) If the Court decides that the application is not admissible - 

(a) the Court must give notice of its decision to the parties,

(b) the Court must not accept the application,

(c) no further steps are to be taken under this Part, and

(d) the bargaining arrangements shall cease to have effect on the date specified under paragraph 99(3)(f).

    (5) If the Court decides that the application is admissible it must - 

(a) accept the application, and

(b) give notice of the acceptance to the parties.

    (6) The acceptance period is - 

(a) the period of 10 working days starting with the day after that on which the Court receives the application, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

     103.  - (1) If the Court accepts an application it - 

(a) must give the employer and the union (or unions) an opportunity to put their views on the questions whether the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and whether the statement made under paragraph 99(3)(e) is correct;

(b) must decide the questions within the decision period and must give reasons for the decision.

    (2) If the Court decides that the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and that the statement made under paragraph 99(3)(e) is correct the bargaining arrangements shall cease to have effect on the termination date.

    (3) If the Court decides that the period of 13 weeks specified under paragraph 99(3)(b) does not end on or after the relevant date or that the statement made under paragraph 99(3)(e) is not correct, the notice under paragraph 99 shall be treated as not having been given.

    (4) The decision period is - 

(a) the period of 10 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

    (5) The termination date is the later of - 

(a) the date specified under paragraph 99(3)(f), and

(b) the day after the last day of the decision period.

Employer's request to end arrangements

     104.  - (1) This paragraph and paragraphs 105 to 111 apply if after the relevant date the employer requests the union (or each of the unions) to agree to end the bargaining arrangements.

    (2) The request is not valid unless it - 

(a) is in writing,

(b) is received by the union (or each of the unions),

(c) identifies the bargaining arrangements, and

(d) states that it is made under this Schedule.

     105.  - (1) If before the end of the first period the parties agree to end the bargaining arrangements no further steps are to be taken under this Part.

    (2) Sub-paragraph (3) applies if before the end of the first period - 

(a) the union informs the employer that the union does not accept the request but is willing to negotiate, or

(b) the unions inform the employer that the unions do not accept the request but are willing to negotiate.

    (3) The parties may conduct negotiations with a view to agreeing to end the bargaining arrangements.

    (4) If such an agreement is made before the end of the second period no further steps are to be taken under this Part.

    (5) The employer and the union (or unions) may request the Agency to assist in conducting the negotiations.

    (6) The first period is the period of 10 working days starting with the day after - 

(a) the day on which the union receives the request, or

(b) the last day on which any of the unions receives the request.

    (7) The second period is - 

(a) the period of 20 working days starting with the day after that on which the first period ends, or

(b) such longer period (so starting) as the parties may from time to time agree.

     106.  - (1) This paragraph applies if - 

(a) before the end of the first period the union fails (or unions fail) to respond to the request, or

(b) before the end of the first period the union informs the employer that it does not (or unions inform the employer that they do not) accept the request (without indicating a willingness to negotiate).

    (2) The employer may apply to the Court for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.

     107.  - (1) This paragraph applies if - 

(a) the union informs (or unions inform) the employer under paragraph 105(2), and

(b) no agreement is made before the end of the second period.

    (2) The employer may apply to the Court for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.

    (3) But no application may be made if within the period of 10 working days starting with the day after that on which the union informs (or unions inform) the employer under paragraph 105(2) the union proposes (or unions propose) that the Agency be requested to assist in conducting the negotiations and - 

(a) the employer rejects the proposal, or

(b) the employer fails to accept the proposal within the period of 10 working days starting with the day after that on which the union makes (or unions make) the proposal.

     108.  - (1) An application under paragraph 106 or 107 is not admissible unless - 

(a) it is made in such form as the Court specifies, and

(b) it is supported by such documents as the Court specifies.

    (2) An application under paragraph 106 or 107 is not admissible unless the employer gives to the union (or each of the unions) - 

(a) notice of the application, and

(b) a copy of the application and any documents supporting it.

     109.  - (1) An application under paragraph 106 or 107 is not admissible if - 

(a) a relevant application was made within the period of 3 years prior to the date of the application under paragraph 106 or 107,

(b) the relevant application and the application under paragraph 106 or 107 relate to the same bargaining unit, and

(c) the Court accepted the relevant application.

    (2) A relevant application is an application made to the Court - 

(a) by the union (or the unions) under paragraph 101,

(b) by the employer under paragraph 106, 107 or 128, or

(c) by a worker (or workers) under paragraph 112.

     110.  - (1) An application under paragraph 106 or 107 is not admissible unless the Court decides that - 

(a) at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and

(b) a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements.

    (2) The Court must give reasons for the decision.

     111.  - (1) The Court must give notice to the parties of receipt of an application under paragraph 106 or 107.

    (2) Within the acceptance period the Court must decide whether - 

(a) the request is valid within the terms of paragraph 104, and

(b) the application is made in accordance with paragraph 106 or 107 and admissible within the terms of paragraphs 108 to 110.

    (3) In deciding those questions the Court must consider any evidence which it has been given by the employer or the union (or unions).

    (4) If the Court decides that the request is not valid or the application is not made in accordance with paragraph 106 or 107 or is not admissible - 

(a) the Court must give notice of its decision to the parties,

(b) the Court must not accept the application, and

(c) no further steps are to be taken under this Part.

    (5) If the Court decides that the request is valid and the application is made in accordance with paragraph 106 or 107 and is admissible it must - 

(a) accept the application, and

(b) give notice of the acceptance to the parties.

    (6) The acceptance period is - 

(a) the period of 10 working days starting with the day after that on which the Court receives the application, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

Workers' application to end arrangements

     112.  - (1) A worker or workers falling within the bargaining unit may after the relevant date apply to the Court to have the bargaining arrangements ended.

    (2) An application is not admissible unless - 

(a) it is made in such form as the Court specifies, and

(b) it is supported by such documents as the Court specifies.

    (3) An application is not admissible unless the worker gives (or workers give) to the employer and to the union (or each of the unions) - 

(a) notice of the application, and

(b) a copy of the application and any documents supporting it.

     113.  - (1) An application under paragraph 112 is not admissible if - 

(a) a relevant application was made within the period of 3 years prior to the date of the application under paragraph 112,

(b) the relevant application and the application under paragraph 112 relate to the same bargaining unit, and

(c) the Court accepted the relevant application.

    (2) A relevant application is an application made to the Court - 

(a) by the union (or the unions) under paragraph 101,

(b) by the employer under paragraph 106, 107 or 128, or

(c) by a worker (or workers) under paragraph 112.

     114.  - (1) An application under paragraph 112 is not admissible unless the Court decides that - 

(a) at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and

(b) a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements.

    (2) The Court must give reasons for the decision.

     115.  - (1) The Court must give notice to the worker (or workers), the employer and the union (or unions) of receipt of an application under paragraph 112.

    (2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraphs 112 to 114.

    (3) In deciding whether the application is admissible the Court must consider any evidence which it has been given by the employer, the union (or unions) or any of the workers falling within the bargaining unit.

    (4) If the Court decides that the application is not admissible - 

(a) the Court must give notice of its decision to the worker (or workers), the employer and the union (or unions),

(b) the Court must not accept the application, and

(c) no further steps are to be taken under this Part.

    (5) If the Court decides that the application is admissible it must - 

(a) accept the application, and

(b) give notice of the acceptance to the worker (or workers), the employer and the union (or unions).

    (6) The acceptance period is - 

(a) the period of 10 working days starting with the day after that on which the Court receives the application, or

(b) such longer period (so starting) as the Court may specify to the worker (or workers), the employer and the union (or unions) by notice containing reasons for the extension.

     116.  - (1) If the Court accepts the application, in the negotiation period the Court must help the employer, the union (or unions) and the worker (or workers) with a view to - 

(a) the employer and the union (or unions) agreeing to end the bargaining arrangements, or

(b) the worker (or workers) withdrawing the application.

    (2) The negotiation period is - 

(a) the period of 20 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

(b) such longer period (so starting) as the Court may decide with the consent of the worker (or workers), the employer and the union (or unions).

Ballot on derecognition

     117.  - (1) This paragraph applies if the Court accepts an application under paragraph 106 or 107.

    (2) This paragraph also applies if - 

(a) the Court accepts an application under paragraph 112, and

(b) in the period mentioned in paragraph 116(1) there is no agreement or withdrawal as there described.

    (3) The Court must arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether the bargaining arrangements should be ended.

    (4) The ballot must be conducted by a qualified independent person appointed by the Court.

    (5) The ballot must be conducted within - 

(a) the period of 20 working days starting with the day after that on which the qualified independent person is appointed, or

(b) such longer period (so starting) as the Court may decide.

    (6) The ballot must be conducted - 

(a) at a workplace or workplaces decided by the Court,

(b) by post, or

(c) by a combination of the methods described in sub-paragraphs (a) and (b),

depending on the Court's preference.

    (7) In deciding how the ballot is to be conducted the Court must take into account - 

(a) the likelihood of the ballot being affected by unfairness or malpractice if it were conducted at a workplace or workplaces;

(b) costs and practicality;

(c) such other mattes as the Court considers appropriate.

    (8) The Court may not decide that the ballot is to be conducted as mentioned in sub-paragraph (6)(c) unless there are special factors making such a decision appropriate; and special factors include - 

(a) factors arising from the location of workers or the nature of their employment;

(b) factors put to the Court by the employer or the union (or unions).

    (9) A person is a qualified independent person if - 

(a) he satisfies such conditions as may be specified for the purposes of this paragraph by order of the Department or is himself so specified, and

(b) there are no grounds for believing either that he will carry out any functions conferred on him in relation to the ballot otherwise than competently or that his independence in relation to the ballot might reasonably be called into question.

    (10) An order under sub-paragraph (9)(a) shall be subject to negative resolution.

    (11) As soon as is reasonably practicable after the Court is required under sub-paragraph (3) to arrange for the holding of a ballot it must inform the employer and the union (or unions) - 

(a) that it is so required;

(b) of the name of the person appointed to conduct the ballot and the date of his appointment;

(c) of the period within which the ballot must be conducted;

(d) whether the ballot is to be conducted by post or at a workplace or workplaces;

(e) of the workplace or workplaces concerned (if the ballot is to be conducted at a workplace or workplaces).

     118.  - (1) An employer who is informed by the Court under paragraph 117(11) must comply with the following three duties.

    (2) The first duty is to co-operate generally, in connection with the ballot, with the union (or unions) and the person appointed to conduct the ballot; and the second and third duties are not to prejudice the generality of this.

    (3) The second duty is to give to the union (or unions) such access to the workers constituting the bargaining unit as is reasonable to enable the union(or unions) to inform the workers of the object of the ballot and to seek their support and their opinions on the issues involved.

    (4) The third duty is to do the following (so far as it is reasonable to expect the employer to do so) - 

(a) to give to the Court, within the period of 10 working days starting with the day after that on which the employer is informed under paragraph 117(11), the names and home addresses of the workers constituting the bargaining unit;

(b) to give to the Court, as soon as is reasonably practicable, the name and home address of any worker who joins the unit after the employer has complied with paragraph (a);

(c) to inform the Court, as soon as is reasonably practicable, of any worker whose name has been given to the Court under paragraph (a) or (b) but who ceases to be within the unit.

    (5) As soon as is reasonably practicable after the Court receives any information under sub-paragraph (4) it must pass it on to the person appointed to conduct the ballot.

    (6) If asked to do so by the union (or unions) the person appointed to conduct the ballot must send to any worker - 

(a) whose name and home address have been given under sub-paragraph (5), and

(b) who is still within the unit (so far as the person so appointed is aware),

any information supplied by the union (or unions) to the person so appointed.

    (7) The duty under sub-paragraph (6) does not apply unless the union bears (or unions bear) the cost of sending the information.

    (8) Each of the following powers shall be taken to include power to issue Codes of Practice about reasonable access for the purposes of sub-paragraph (3) - 

(a) the power of the Agency under Article 90 of the 1992 Order;

(b) the power of the Department under Article 95 of that Order.

     119.  - (1) If the Court is satisfied that the employer has failed to fulfil any of the three duties imposed by paragraph 118, and the ballot has not been held, the Court may order the employer - 

(a) to take such steps to remedy the failure as the Court considers reasonable and specifies in the order, and

(b) to do so within such period as the Court considers reasonable and specifies in the order.

    (2) If - 

(a) the ballot has been arranged in consequence of an application under paragraph 106 or 107,

(b) the Court is satisfied that the employer has failed to comply with an order under sub-paragraph (1), and

(c) the ballot has not been held,

the Court may refuse the application.

    (3) If - 

(a) the ballot has been arranged in consequence of an application under paragraph 112, and

(b) the ballot has not been held,

an order under sub-paragraph (1), on being recorded in the county court, may be enforced in the same way as an order of that court.

    (4) If the Court refuses an application under sub-paragraph (2) it shall take steps to cancel the holding of the ballot; and if the ballot is held it shall have no effect.

     120.  - (1) This paragraph applies if the holding of a ballot has been arranged under paragraph 117(3), whether or not it has been cancelled.

    (2) The gross costs of the ballot shall be borne - 

(a) as to half, by the employer, and

(b) as to half, by the union (or unions).

    (3) If there is more than one union they shall bear their half of the gross costs - 

(a) in such proportions as they jointly indicate to the person appointed to conduct the ballot, or

(b) in the absence of such an indication, in equal shares.

    (4) The person appointed to conduct the ballot may send to the employer and the union (or each of the unions) a demand stating - 

(a) the gross costs of the ballot, and

(b) the amount of the gross costs to be borne by the recipient.

    (5) In such a case the recipient must pay the amount stated to the person sending the demand, and must do so within the period of 15 working days starting with the day after that on which the demand is received.

    (6) If the amount stated is not paid in accordance with sub-paragraph (5) it shall, if a county court so orders, be recoverable as if it were payable under an order of that court.

    (7) References to the costs of the ballot are to - 

(a) the costs wholly, exclusively and necessarily incurred in connection with the ballot by the person appointed to conduct it,

(b) such reasonable amount as the person appointed to conduct the ballot charges for his services, and

(c) such other costs as the employer and the union (or unions) agree.

     121.  - (1) As soon as is reasonably practicable after the Court is informed of the result of a ballot by the person conducting it, the Court must act under this paragraph.

    (2) The Court must inform the employer and the union (or unions) of the result of the ballot.

    (3) If the result is that the proposition that the bargaining arrangements should be ended is supported by - 

(a) a majority of the workers voting, and

(b) at least 40 per cent of the workers constituting the bargaining unit,

the Court must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the Court in the declaration.

    (4) If the result is otherwise the Court must refuse the application under paragraph 106, 107 or 112.

    (5) If a declaration is issued under sub-paragraph (3) the bargaining arrangements shall cease to have effect accordingly.

    (6) The Department may by order amend sub-paragraph (3) so as to specify a different degree of support.

    (7) No order shall be made under sub-paragraph(6) unless a draft of it has been laid before, and approved by a resolution of, the Assembly.

(a) the Court has issued a declaration under paragraph 22(2) that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, and

(b) the parties have agreed under paragraph 30 or 31 a method by which they will conduct collective bargaining.

    (2) In such a case references in this Part to the bargaining arrangements are to - 

(a) the declaration, and

(b) the parties' agreement.

     123.  - (1) This Part also applies if - 

(a) the Court has issued a declaration under paragraph 22(2) that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, and

(b) the Court has specified to the parties under paragraph 31(3) the method by which they are to conduct collective bargaining.

    (2) In such a case references in this Part to the bargaining arrangements are to - 

(a) the declaration, and

(b) anything effective as, or as if contained in, a legally enforceable contract by virtue of paragraph 31.

     124.  - (1) This Part also applies if the Court has issued a declaration under paragraph 87(2) that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.

    (2) In such a case references in this Part to the bargaining arrangements are to - 

(a) the declaration, and

(b) paragraph 87(6)(b).

     125. For the purposes of this Part the relevant date is the date of the expiry of the period of 3 years starting with the date of the Court's declaration.

     126. References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.

(a) is in writing,

(b) is received by the union (or each of the unions),

(c) identifies the bargaining arrangements,

(d) states that it is made under this Schedule, and

(e) states that fewer than half of the workers constituting the bargaining unit are members of the union (or unions).

     128.  - (1) If before the end of the negotiation period the parties agree to end the bargaining arrangements no further steps are to be taken under this Part.

    (2) If no such agreement is made before the end of the negotiation period, the employer may apply to the Court for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.

    (3) The negotiation period is the period of 10 working days starting with the day after - 

(a) the day on which the union receives the request, or

(b) the last day on which any of the unions receives the request;

or such longer period (so starting) as the parties may from time to time agree.

     129.  - (1) An application under paragraph 128 is not admissible unless - 

(a) it is made in such form as the Court specifies, and

(b) it is supported by such documents as the Court specifies.

    (2) An application under paragraph 128 is not admissible unless the employer gives to the union (or each of the unions) - 

(a) notice of the application, and

(b) a copy of the application and any documents supporting it.

     130.  - (1) An application under paragraph 128 is not admissible if - 

(a) a relevant application was made within the period of 3 years prior to the date of the application under paragraph 128,

(b) the relevant application and the application under paragraph 128 relate to the same bargaining unit, and

(c) the Court accepted the relevant application.

    (2) A relevant application is an application made to the Court - 

(a) by the union (or the unions) under paragraph 101,

(b) by the employer under paragraph 106, 107 or 128, or

(c) by a worker (or workers) under paragraph 112.

     131.  - (1) An application under paragraph 128 is not admissible unless the Court is satisfied that fewer than half of the workers constituting the bargaining unit are members of the union (or unions).

    (2) The Court must give reasons for the decision.

     132.  - (1) The Court must give notice to the parties of receipt of an application under paragraph 128.

    (2) Within the acceptance period the Court must decide whether - 

(a) the request is valid within the terms of paragraph 127, and

(b) the application is admissible within the terms of paragraphs 129 to 131.

    (3) In deciding those questions the Court must consider any evidence which it has been given by the parties.

    (4) If the Court decides that the request is not valid or the application is not admissible - 

(a) the Court must give notice of its decision to the parties,

(b) the Court must not accept the application, and

(c) no further steps are to be taken under this Part.

    (5) If the Court decides that the request is valid and the application is admissible it must - 

(a) accept the application, and

(b) give notice of the acceptance to the parties.

    (6) The acceptance period is - 

(a) the period of 10 working days starting with the day after that on which the Court receives the application, or

(b) such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

Ballot on derecognition

     133.  - (1) Paragraph 117 applies if the Court accepts an application under paragraph 128 (as well as in the cases mentioned in paragraph 117(1) and (2)).

    (2) Paragraphs 118 to 121 apply accordingly, but as if - 

(a) the reference in paragraph 119(2)(a) to paragraph 106 or 107 were to paragraph 106, 107 or 128;

(b) the reference in paragraph 121(4) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 128.

(a) an employer and a union (or unions) have agreed that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a group or groups of workers, and

(b) the union does not have (or none of the unions has) a certificate under Article 6 of the 1992 Order that it is independent.

    (2) In such a case references in this Part to the bargaining arrangements are to - 

(a) the parties' agreement mentioned in sub-paragraph (1)(a), and

(b) any agreement between the parties as to the method by which they will conduct collective bargaining.

     135. In this Part references to the parties are to the employer and the union (or unions).

     136. In this Part references to the bargaining unit are to the group of workers referred to in paragraph 134(1)(a) (or the groups taken together).

(a) it is made in such form as the Court specifies, and

(b) it is supported by such documents as the Court specifies.

    (3) An application is not admissible unless the worker gives (or workers give) to the employer and to the union (or each of the unions) - 

(a) notice of the application, and

(b) a copy of the application and any documents supporting it.

     138. An application under paragraph 137 is not admissible if the Court is satisfied that any of the unions has a certificate under Article 6 of the 1992 Order that it is independent.

     139.  - (1) An application under paragraph 137 is not admissible unless the Court decides that - 

(a) at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and

(b) a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements.

    (2) The Court must give reasons for the decisions.

     140. An application under paragraph 137 is not admissible if the Court is satisfied that - 

(a) the union (or any of the unions) has made an application to the Certification Officer under Article 6 of the 1992 Order for a certificate that it is independent, and

(b) the Certification Officer has not come to a decision on the application (or each of the applications).

     141.  - (1) The Court must give notice to the worker (or workers), the employer and the union (or unions) of receipt of an application under paragraph 137.

    (2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraphs 137 to 140.

    (3) In deciding whether the application is admissible the Court must consider any evidence which it has been given by the employer, the union (or unions) or any of the workers falling within the bargaining unit.

    (4) If the Court decides that the application is not admissible - 

(a) the Court must give notice of its decision to the worker (or workers), the employer and the union (or unions),

(b) the Court must not accept the application, and

(c) no further steps are to be taken under this Part.

    (5) If the Court decides that the application is admissible it must - 

(a) accept the application, and

(b) give notice of the acceptance to the worker (or workers), the employer and the union (or unions).

    (6) The acceptance period is - 

(a) the period of 10 working days starting with the day after that on which the Court receives the application, or

(b) such longer period (so starting) as the Court may specify to the worker (or workers), the employer and the union (or unions) by notice containing reasons for the extension.

     142.  - (1) If the Court accepts the application, in the negotiation period the Court must help the employer, the union (or unions) and the worker (or workers) with a view to - 

(a) the employer and the union (or unions) agreeing to end the bargaining arrangements, or

(b) the worker (or workers) withdrawing the application.

    (2) The negotiation period is - 

(a) the period of 20 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

(b) such longer period (so starting) as the Court may decide with the consent of the worker (or workers), the employer and the union (or unions).

     143.  - (1) This paragraph applies if - 

(a) the Court accepts an application under paragraph 137,

(b) during the period mentioned in paragraph 142(1) or 145(3) the Court is satisfied that the union (or each of the unions) has made an application to the Certification Officer under Article 6 of the 1992 Order for a certificate that it is independent, that the application (or each of the applications) to the Certification Officer was made before the application under paragraph 137 and that the Certification Officer has not come to a decision on the application (or each of the applications), and

(c) at the time the Court is so satisfied there has been no agreement or withdrawal as described in paragraph 142(1) or 145(3).

    (2) In such a case paragraph 142(1) or 145(3) shall cease to apply from the time when the Court is satisfied as mentioned in sub-paragraph (1)(b).

     144.  - (1) This paragraph applies if the Court is subsequently satisfied that - 

(a) the Certification Officer has come to a decision on the application (or each of the applications) mentioned in paragraph 143(1)(b), and

(b) his decision is that the union (or any of the unions) which made an application under Article 6 of the 1992 Order is independent.

    (2) In such a case - 

(a) the Court must give the worker (or workers), the employer and the union (or unions) notice that it is so satisfied, and

(b) the application under paragraph 137 shall be treated as not having been made.

     145.  - (1) This paragraph applies if the Court is subsequently satisfied that - 

(a) the Certification Officer has come to a decision on the application (or each of the applications) mentioned in paragraph 143(1)(b), and

(b) his decision is that the union (or each of the unions) which made an application under Article 6 of the 1992 Order is not independent.

    (2) The Court must give the worker (or workers), the employer and the union (or unions) notice that it is so satisfied.

    (3) In the new negotiation period the Court must help the employer, the union (or unions) and the worker (or workers) with a view to - 

(a) the employer and the union (or unions) agreeing to end the bargaining arrangements, or

(b) the worker (or workers) withdrawing the application.

    (4) The new negotiation period is - 

(a) the period of 20 working days starting with the day after that on which the Court gives notice under sub-paragraph (2), or

(b) such longer period (so starting) as the Court may decide with the consent of the worker (or workers), the employer and the union (or unions).

     146.  - (1) This paragraph applies if - 

(a) the Court accepts an application under paragraph 137,

(b) paragraph 143 does not apply, and

(c) during the relevant period the Court is satisfied that a certificate of independence has been issued to the union (or any of the unions) under Article 6 of the 1992 Order.

    (2) In such a case the relevant period is the period starting with the first day of the negotiation period (as defined in paragraph 142(2)) and ending with the first of the following to occur - 

(a) any agreement by the employer and the union (or unions) to end the bargaining arrangements;

(b) any withdrawal of the application by the worker (or workers);

(c) the Court being informed of the result of a relevant ballot by the person conducting it;

and a relevant ballot is a ballot held by virtue of this Part.

    (3) This paragraph also applies if - 

(a) the Court gives notice under paragraph 145(2), and

(b) during the relevant period the Court is satisfied that a certificate of independence has been issued to the union (or any of the unions) under Article 6 of the 1992 Order.

    (4) In such a case, the relevant period is the period starting with the first day of the new negotiation period (as defined in paragraph 145(4)) and ending with the first of the following to occur - 

(a) any agreement by the employer and the union (or unions) to end the bargaining arrangements;

(b) any withdrawal of the application by the worker (or workers);

(c) the Court being informed of the result of a relevant ballot by the person conducting it;

and a relevant ballot is a ballot held by virtue of this Part.

    (5) If this paragraph applies - 

(a) the Court must give the worker (or workers), the employer and the union (or unions) notice that it is satisfied as mentioned in sub-paragraph (1)(c) or (3)(b), and

(b) the application under paragraph 137 shall be treated as not having been made.

Ballot on derecognition

     147.  - (1) Paragraph 117 applies if - 

(a) the Court accepts an application under paragraph 137, and

(b) in the period mentioned in paragraph 142(1) or 145(3) there is no agreement or withdrawal as there described,

(as well as in the cases mentioned in paragraph 117(1) and (2)).

    (2) Paragraphs 118 to 121 apply accordingly, but as if - 

(a) the reference in paragraph 119(3)(a) to paragraph 112 were to paragraph 112 or 137;

(b) the reference in paragraph 121(4) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 137;

(c) the reference in paragraph 119(4) to the Court refusing an application under paragraph 119(2) included a reference to it being required to give notice under paragraph 146(5).

Derecognition: other cases

     148.  - (1) This paragraph applies if as a result of a declaration by the Court another union is (or other unions are) recognised as entitled to conduct collective bargaining on behalf of a group of workers at least one of whom falls within the bargaining unit.

    (2) The Court must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the Court in the declaration.

    (3) If a declaration is issued under sub-paragraph (2) the bargaining arrangements shall cease to have effect accordingly.

    (4) It is for the Court to decide whether sub-paragraph (1) is fulfilled, but in deciding the Court may take account of the views of any person it believes has an interest in the matter.

(a) the parties' agreement as to the method by which collective bargaining is to be conducted,

(b) anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted, or

(c) any provision of Part III that a method of collective bargaining is to have effect.

     150.  - (1) This Part also applies if - 

(a) the parties have agreed that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit,

(b) the Court has specified to the parties under paragraph 63(2) the method by which they are to conduct collective bargaining, and

(c) the parties have not agreed in writing to replace the method or that paragraph 63(3) shall not apply.

    (2) In such a case references in this Part to the bargaining arrangements are to - 

(a) the parties' agreement mentioned in sub-paragraph (1)(a), and

(b) anything effective as, or as if contained in, a legally enforceable contract by virtue of paragraph 63.

     151. References in this Part to the parties are to the employer and the union (or unions) concerned.

(a) only one union is a party, and

(b) under Article 6 of the 1992 Order the Certification Officer withdraws the union's certificate of independence.

    (2) This paragraph also applies if - 

(a) more than one union is a party, and

(b) under Article 6 of the 1992 Order the Certification Officer withdraws the certificate of independence of each union (whether different certificates are withdrawn on the same or on different days).

    (3) Sub-paragraph (4) shall apply on the day after - 

(a) the day on which the Certification Officer informs the union (or unions) of the withdrawal (or withdrawals), or

(b) if there is more than one union, and he informs them on different days, the last of those days.

    (4) The bargaining arrangements shall case to have effect; and the parties shall be taken to agree that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit concerned.

(a) only one union is a party,

(b) paragraph 152 applies, and

(c) as a result of an appeal under Article 6 of the 1992 Order against the decision to withdraw the certificate, the Certification Officer issues a certificate that the union is independent.

    (2) This paragraph also applies if - 

(a) more than one union is a party,

(b) paragraph 152 applies, and

(c) as a result of an appeal under Article 6 of the 1992 Order against a decision to withdraw a certificate, the Certification Officer issues a certificate that any of the unions concerned is independent.

    (3) Sub-paragraph (4) shall apply, beginning with the day after - 

(a) the day on which the Certification Officer issues the certificate, or

(b) if there is more than one union, the day on which he issues the first or only certificate.

    (4) The bargaining arrangements shall have effect again; and paragraph 152 shall cease to apply.

(a) by virtue of paragraph 153 the bargaining arrangements have effect again beginning with a particular day, and

(b) in consequence Article 44B applies in relation to the bargaining unit concerned,

for the purposes of Article 44B(3) that day shall be taken to be the day on which Article 44B first applies in relation to the unit.

(a) the worker acted with a view to obtaining or preventing recognition of a union (or unions) by the employer under this Schedule;

(b) the worker indicated that he supported or did not support recognition of a union (or unions) by the employer under this Schedule;

(c) the worker acted with a view to securing or preventing the ending under this Schedule of bargaining arrangements;

(d) the worker indicated that he supported or did not support the ending under this Schedule of bargaining arrangements;

(e) the worker influenced or sought to influence the way in which votes were to be cast by other workers in a ballot arranged under this Schedule;

(f) the worker influenced or sought to influence other workers to vote or to abstain from voting in such a ballot;

(g) the worker voted in such a ballot;

(h) the worker proposed to do, failed to do, or proposed to declined to do, any of the things referred to in paragraphs (a) to (g).

    (3) A ground does not fall within sub-paragraph (2) if it constitutes an unreasonable act or omission by the worker.

    (4) This paragraph does not apply if the worker is an employee and the detriment amounts to dismissal within the meaning of the Employment Rights Order.

    (5) A worker may present a complaint to an industrial tribunal on the ground that he has been subjected to a detriment in contravention of this paragraph.

    (6) Apart from the remedy by way of complaint as mentioned in sub-paragraph (5), a worker has no remedy for infringement of the right conferred on him by this paragraph.

     157.  - (1) An industrial tribunal shall not consider a complaint under paragraph 156 unless it is presented - 

(a) before the end of the period of 3 months starting with the date of the act or failure to which the complaint relates or, if that act or failure is part of a series of similar acts or failures (or both), the last of them, or

(b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period, within such further period as it considers reasonable.

    (2) For the purposes of sub-paragraph (1) - 

(a) where an act extends over a period, the reference to the date of the act is a reference to the last day of that period;

(b) a failure to act shall be treated as done when it was decided on.

    (3) For the purposes of sub-paragraph (2), in the absence of evidence establishing the contrary an employer must be taken to decide on a failure to act - 

(a) when he does an act inconsistent with doing the failed act, or

(b) if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.

     158. On a complaint under paragraph 156 it shall be for the employer to show the ground on which he acted or failed to act.

     159.  - (1) If the industrial tribunal finds that a complaint under paragraph 156 is well-founded it shall make a declaration to that effect and may make an award of compensation to be paid by the employer to the complainant in respect of the act or failure complained of.

    (2) The amount of the compensation awarded shall be such as the tribunal considers just and equitable in all the circumstances having regard to the infringement complained of and to any loss sustained by the complainant which is attributable to the act or failure which infringed his right.

    (3) The loss shall be taken to include - 

(a) any expenses reasonably incurred by the complainant in consequence of the act or failure complained of, and

(b) loss of any benefit which he might reasonably be expected to have had but for that act or failure.

    (4) In ascertaining the loss, the tribunal shall apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of Northern Ireland.

    (5) If the tribunal finds that the act or failure complained of was to any extent caused or contributed to by action of the complainant, it shall reduce the amount of the compensation by such proportion as it considers just and equitable having regard to that finding.

     160.  - (1) If the industrial tribunal finds that a complaint under paragraph 156 is well-founded and - 

(a) the detriment of which the worker has complained is the termination of his worker's contract, but

(b) that contract was not a contract of employment,

any compensation awarded under paragraph 159 must not exceed the limit specified in sub-paragraph (2).

    (2) The limit is the total of - 

(a) the sum which would be the basic award for unfair dismissal, calculated in accordance with Article 153 of the Employment Rights Order, if the worker had been an employee and the contract terminated had been a contract of employment, and

(b) the sum for the time being specified in Article 158 of that Order which is the limit for a compensatory award to a person calculated in accordance with Article 157 of that Order.

Dismissal

     161.  - (1) For the purposes of Part XI of the Employment Rights Order (unfair dismissal) the dismissal of an employee shall be regarded as unfair if the dismissal was made - 

(a) for a reason set out in sub-paragraph (2), or

(b) for reasons the main one of which is one of those set out in sub-paragraph (2).

    (2) The reasons are that - 

(a) the employee acted with a view to obtaining or preventing recognition of a union (or unions) by the employer under this Schedule;

(b) the employee indicated that he supported or did not support recognition of a union (or unions) by the employer under this Schedule;

(c) the employee acted with a view to securing or preventing the ending under this Schedule of bargaining arrangements;

(d) the employee indicated that he supported or did not support the ending under this Schedule of bargaining arrangements;

(e) the employee influenced or sought to influence the way in which votes were to be cast by other workers in a ballot arranged under this Schedule;

(f) the employee influenced or sought to influence other workers to vote or to abstain from voting in such a ballot;

(g) the employee voted in such a ballot;

(h) the employee proposed to do, failed to do, or proposed to decline to do, any of the things referred to in paragraphs (a) to (g).

    (3) A reason does not fall within sub-paragraph (2) if it constitutes an unreasonable act or omission by the employee.

(a) that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by him and who have not been dismissed by the employer, and

(b) that the reason (or, if more than one, the principal reason) why he was selected for dismissal was one falling within paragraph 161(2).

Employees with fixed-term contracts

     163. Article 240(1) of the Employment Rights Order (fixed-term contracts) does not prevent Part XI of that Order from applying to a dismissal which is regarded as unfair by virtue of paragraph 161 or 162.

(a) lay before the Assembly any guidance issued under this paragraph, and

(b) arrange for any such guidance to be published by such means as appear to the Department to be most appropriate for drawing it to the attention of persons likely to be affected by it.

Method of conducting collective bargaining

     168.  - (1) After consulting the Agency the Department may by order specify for the purposes of paragraphs 31(3) and 63(2) a method by which collective bargaining might be conducted.

    (2) If such an order is made the Court - 

(a) must take it into account under paragraphs 31(3) and 63(2), but

(b) may depart from the method specified by the order to such extent as the Court thinks it is appropriate to do so in the circumstances.

    (3) An order under this paragraph shall be subject to negative resolution.

(a) two or more applications are made to the Court,

(b) each application is a relevant application,

(c) each application relates to the same bargaining unit, and

(d) the Court has not accepted any of the applications.

    (2) The directions are directions as to the order in which the Court must consider the admissibility of the applications.

    (3) The directions may include - 

(a) provision to deal with a case where a relevant application is made while the Court is still considering the admissibility of another one relating to the same bargaining unit;

(b) other incidental provisions.

    (4) A relevant application is an application under paragraph 101, 106, 107, 112 or 128.

(a) the union (or unions) concerned and the employer concerned, and

(b) if the declaration is issued in consequence of an application by a worker or workers, the worker or workers making it.

Court's general duty

     171. In exercising functions under this Schedule in any particular case the Court must have regard to the object of encouraging and promoting fair and efficient practices and arrangements in the workplace, so far as having regard to that object is consistent with applying other provisions of this Schedule in the case concerned.

(a) a Saturday or a Sunday,

(b) Christmas day or Good Friday, or

(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Northern Ireland.

    (3) References in this Schedule to an associated employer shall be construed in accordance with Article 4 of the Employment Rights Order.".

(a) Article 46A;

(b) in Article 55, paragraphs (5A) to (5C) and (8) to (10);

(c) in Article 56, paragraph (8).

    (4) In its application to an unincorporated employers' association, Article 54 shall have effect as if at the end of paragraph (1) there were inserted - 

" The making of an application to the Certification Officer does not prevent the applicant, or any other person, from making an application to the High Court in respect of the same matter.".

    (5) In its application to an unincorporated employers' association, Article 55(2)(b) shall have effect as if the words "where he considers it appropriate," were inserted at the beginning.

    (6) In its application to an unincorporated employers' association, Article 56 shall have effect as if after paragraph (1) there were inserted - 

    " (2) If an application in respect of the same matter has been made to the Certification Officer, the High Court shall have due regard to any declaration, reasons or observations of his which are brought to its notice."."

    " (2A) On a complaint being made to him the Certification Officer shall make such enquiries as he thinks fit.".

    (3) After paragraph (5) insert - 

    " (6) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this Article, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.

    (7) A declaration made by the Certification Officer under this Article may be relied on as if it were a declaration made by the High Court.

    (8) Where an order has been made under this Article, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made the application on which the order was made.

    (9) An order made by the Certification Officer under this Article may be enforced in the same way as an order of the High Court.".

     21. In Article 90 (provisions about amalgamations and similar matters to apply to unincorporated employers' associations) in paragraph (2)(c) after "82(3)" there shall be inserted "and 84(2A) and (6) to (9)".

" PART VIA
BREACH OF RULES
Right to apply to Certification Officer
     90A.  - (1) A person who claims that there has been a breach or threatened breach of the rules of a trade union relating to any of the matters mentioned in paragraph (2) may apply to the Certification Officer for a declaration to that effect, subject to paragraphs (3) to (7).

    (2) The matters are - 


(a) the appointment or election of a person to, or the removal of a person from, any office;

(b) disciplinary proceedings by the union (including expulsion);

(c) the balloting of members on any issue other than industrial action;

(d) the constitution or proceedings of any executive committee or of any decision-making meeting;

(e) such other matters as may be specified in an order made by the Department.



    (3) The applicant must be a member of the union, or have been one at the time of the alleged breach or threatened breach.

    (4) A person may not apply under paragraph(1) in relation to a claim if he is entitled to apply under Article 55 in relation to the claim.

    (5) No application may be made regarding - 



(a) the dismissal of an employee of the union;

(b) disciplinary proceedings against an employee of the union.



    (6) An application must be made - 



(a) within the period of six months starting with the day on which the breach or threatened breach is alleged to have taken place, or

(b) if within that period any internal complaints procedure of the union is invoked to resolve the claim, within the period of six months starting with the earlier of the days specified in paragraph (7).



    (7) Those days are - 



(a) the day on which the procedure is concluded, and

(b) the last day of the period of one year beginning with the day on which the procedure is invoked.



    (8) The reference in paragraph (1) to the rules of a union includes references to the rules of any branch or section of the union.

    (9) In paragraph (2)(c) "industrial action" means a strike or other industrial action by persons employed under contracts of employment.

    (10) For the purposes of paragraph (2)(d) a committee is an executive committee if - 



(a) it is a committee of the union concerned and has power to make executive decisions on behalf of the union or on behalf of a constituent body,

(b) it is a committee of a major constituent body and has power to make executive decisions on behalf of that body, or

(c) it is a sub-committee of a committee falling within sub-paragraph (a) or (b).



    (11) For the purposes of paragraph (2)(d) a decision-making meeting is - 



(a) a meeting of members of the union concerned (or the representatives of such members) which has power to make a decision on any matter which, under the rules of the union, is final as regards the union or which, under the rules of the union or a constituent body, is final as regards that body, or

(b) a meeting of members of a major constituent body (or the representatives of such members) which has power to make a decision on any matter which, under the rules of the union or the body, is final as regards that body.



    (12) For the purposes of paragraphs (10) and (11), in relation to the trade union concerned - 



(a) a constituent body is any body which forms part of the union, including a branch, group, section or region;

(b) a major constituent body is such a body which has more than 1,000 members.



    (13) No order shall be made under paragraph (2)(e) unless a draft of it has been laid before and approved by resolution of the Assembly.

    (14) If a person applies to the Certification Officer under this Article in relation to an alleged breach or threatened breach he may not apply to the High Court in relation to the breach or threatened breach; but nothing in this paragraph shall prevent such a person from exercising any right to appeal against or challenge the Certification Officer's decision on the application to him.

    (15) If - 



(a) a person applies to the High Court in relation to an alleged breach or threatened breach, and

(b) the breach or threatened breach is one in relation to which he could have made an application to the Certification Officer under this Article,



he may not apply to the Certification Officer under this Article in relation to the breach or threatened breach.

Declarations and orders
     90B.  - (1) The Certification Officer may refuse to accept an application under Article 90A unless he is satisfied that the applicant has taken all reasonable steps to resolve the claim by the use of any internal complaints procedure of the union.

    (2) If he accepts an application under Article 90A the Certification Officer - 



(a) shall make such enquiries as he thinks fit,

(b) shall give the applicant and the union an opportunity to be heard,

(c) shall ensure that, so far as is reasonably practicable, the application is determined within six months of being made,

(d) may make or refuse the declaration asked for, and

(e) shall, whether he makes or refuses the declaration, give reasons for his decision in writing.



    (3) Where the Certification Officer makes a declaration he shall also, unless he considers that to do so would be inappropriate, make an enforcement order, that is, an order imposing on the union one or both of the following requirements - 



(a) to take such steps to remedy the breach, or withdraw the threat of a breach, as may be specified in the order;

(b) to abstain from such acts as may be so specified with a view to securing that a breach or threat of the same or a similar kind does not occur in future.



    (4) The Certification Officer shall in an order imposing any such requirement as is mentioned in paragraph (3)(a) specify the period within which the union is to comply with the requirement.

    (5) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this Article, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.

    (6) A declaration made by the Certification Officer under this Article may be relied on as if it were a declaration made by the High Court.

    (7) Where an enforcement order has been made, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made the application on which the order was made.

    (8) An enforcement order made by the Certification Officer under this Article may be enforced in the same way as an order of the High Court.

    (9) An order under Article 90A(2)(e) may provide that, in relation to an application under Article 90A with regard to a prescribed matter, the preceding provisions of this Article shall apply with such omissions or modifications as may be specified in the order; and a prescribed matter is such matter specified under Article 90A(2)(e) as is prescribed under this paragraph.".

     23. In Article 149(2) (regulations and orders) after "Article 1(2)" insert ", 90A(2)(e)".

" (g) restricting the services which may be provided by persons carrying on such agencies and businesses;

(h) regulating the way in which and the terms on which services may be provided by persons carrying on such agencies and businesses;

(j) restricting or regulating the charging of fees by persons carrying on such agencies and businesses.".

    (3) After paragraph (1) there shall be inserted - 

    " (1A) A reference in paragraph (1)(g) and (h) to services includes a reference to services in respect of - 


(a) persons seeking employment outside the United Kingdom;

(b) persons normally resident outside the United Kingdom seeking employment in the United Kingdom.".

    (4) Paragraph (2) shall be omitted.

    " (1) Except in such cases or classes of case as the Department may prescribe - 


(a) a person carrying on an employment agency shall not request or directly or indirectly receive any fee from any person for providing services (whether by the provision of information or otherwise) for the purpose of finding him employment or seeking to find him employment;

(b) a person carrying on an employment business shall not request or directly or indirectly receive any fee from an employee for providing services (whether by the provision of information or otherwise) for the purpose of finding or seeking to find another person, with a view to the employee acting for and under the control of that other person;

(c) a person carrying on an employment business shall not request or directly or indirectly receive any fee from a second person for providing services (whether by the provision of information or otherwise) for the purpose of finding or seeking to find a third person, with a view to the second person becoming employed by the first person and acting for and under the control of the third person.".


Offences

     4. After Article 9 there shall be inserted - 

" Offences: extension of time limit
     9A.  - (1) For the purposes of paragraph (2) a relevant offence is an offence under Article 5B, 6(3), 7(2) or 9(2) for which proceedings are instituted by the Department.

    (2) Notwithstanding Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981 (complaint to be made within 6 months of offence) a complaint relating to a relevant offence may be made at any time - 


(a) within 3 years after the date of the commission of the offence, and

(b) within 6 months after the date on which evidence sufficient in the opinion of the Department to justify the proceedings came to its knowledge.



    (3) For the purposes of this Article, a certificate of the Department as to the date on which evidence came to its knowledge is conclusive evidence.

Offences: cost of investigation
     9B. The court in which a person is convicted of an offence under this Order may order him to pay to the Department a sum which appears to the court not to exceed the costs of the investigation which resulted in the conviction.".

    " (5) Regulations under Article 6(1) or 7(1) shall not be made unless a draft has been laid before, and approved by resolution of, the Assembly.

    (6) Regulations under Article 11(5)(g) shall be subject to negative resolution.".

" (g) any prescribed business or service, or prescribed class of business or service or business or service carried on or provided by prescribed persons or classes of person.".

" National security
     238. Part VA and Article 70B do not apply in relation to employment for the purposes of - 


(a) the Security Service; or

(b) the Secret Intelligence Service.".

     2. Article 6(7) of the Industrial Tribunals (Northern Ireland) Order 1996 (composition of tribunal: national security) shall cease to have effect.

     3. The following shall be substituted for Article 12 of that Order (national security, &.) - 

" National security
     12.  - (1) If on a complaint under - 


(a) Article 74 of the Employment Rights Order (detriment: trade union membership), or

(b) Article 145 of that Order (unfair dismissal),



it is shown that the action complained of was taken for the purpose of safeguarding national security, the industrial tribunal shall dismiss the complaint.

    (2) Industrial tribunal procedure regulations may make provision about the composition of the tribunal (including provision disapplying or modifying Article 6) for the purposes of proceedings in relation to which - 



(a) a direction is given under paragraph (3), or

(b) an order is made under paragraph (4).



    (3) A direction may be given under this paragraph by the Secretary of State if - 



(a) it relates to particular Crown employment proceedings, and

(b) the Secretary of State considers it expedient in the interests of national security.



    (4) An order may be made under this paragraph by the President of the Industrial Tribunals and the Fair Employment Tribunal in relation to particular proceedings if he considers it expedient in the interests of national security.

    (5) Industrial tribunal procedure regulations may make provision enabling the Secretary of State, if he considers it expedient in the interests of national security - 



(a) to direct a tribunal to sit in private for all or part of particular Crown employment proceedings;

(b) to direct a tribunal to exclude the applicant from all or part of particular Crown employment proceedings;

(c) to direct a tribunal to exclude the applicant's representatives from all or part of particular Crown employment proceedings;

(d) to direct a tribunal to take steps to conceal the identity of a particular witness in particular Crown employment proceedings;

(e) to direct a tribunal to take steps to keep secret all or part of the reasons for its decision in particular Crown employment proceedings.



    (6) Industrial tribunal procedure regulations may enable a tribunal, if it considers it expedient in the interests of national security, to do anything of a kind which a tribunal can be required to do by direction under paragraph (5)(a) to (e).

    (7) In relation to cases where a person has been excluded by virtue of paragraph (5)(b) or (c) or (6), industrial tribunal procedure regulations may make provision - 



(a) for the appointment by the Attorney General for Northern Ireland of a person to represent the interests of the applicant,

(b) about the publication and registration of reasons for the tribunal's decision;

(c) permitting an excluded person to make a statement to the tribunal before the commencement of the proceedings, or the part of the proceedings from which he is excluded.



    (8) Proceedings are Crown employment proceedings for the purposes of this Article if the employment to which the complaint relates - 



(a) is Crown employment, or

(b) is connected with the performance of functions on behalf of the Crown.



Confidential information
     12A.  - (1) Industrial tribunal procedure regulations may enable an industrial tribunal to sit in private for the purpose of hearing evidence from any person which in the opinion of the tribunal is likely to consist of - 



(a) information which he could not disclose without contravening a prohibition imposed by or by virtue of any statutory provision,

(b) information which has been communicated to him in confidence or which he has otherwise obtained in consequence of the confidence reposed in him by another person, or

(c) information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in Article 96(1) of the Industrial Relations (Northern Ireland) Order 1992, cause substantial injury to any undertaking of his or in which he works.



    (2) The reference in paragraph (1)(c) to any undertaking of a person or in which he works shall be construed, in relation to a person in Crown employment, as a reference to the national interest.

Restriction of publicity in cases involving national security
     12B.  - (1) This Article applies where a tribunal has been directed under Article 12(5) or has determined under Article 12(6) - 



(a) to take steps to conceal the identity of a particular witness, or

(b) to take steps to keep secret all or part of the reasons for its decision.



    (2) It is an offence to publish - 



(a) anything likely to lead to the identification of the witness, or

(b) the reasons for the tribunal's decision or the part of its reasons which it is directed or has determined to keep secret.



    (3) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (4) Where a person is charged with an offence under this Article it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication in question was of, or included, the matter in question.

    (5) A reference in this Article to publication includes a reference to inclusion in a programme which is included in a programme service, within the meaning of the Broadcasting Act 1990.".