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The Employment Relations (Northern Ireland) Order 1999

  Made 12th October 1999 
  Laid before Parliament 26th October 1999 
  Coming into operation on days to be appointed under Article 1(2)


ARRANGEMENT OF ORDER

Introduction
1. Title and commencement.
2. Interpretation.
Trade Unions
3. Collective bargaining: recognition.
4. Detriment related to trade union membership.
5. Blacklists.
6. Ballots and notices.
7. Training.
8. Unfair dismissal connected with recognition: interim relief.
Leave for family reasons, etc.
9. Maternity and parental leave.
10. Time-off for dependants.
11. Consequential amendments.
Disciplinary and grievance hearings
12. Right to be accompanied.
13. Complaint to industrial tribunal.
14. Detriment and dismissal.
15. Interpretation.
16. Contracting out and conciliation.
17. National security employees.
Other rights of individuals
18. Unfair dismissal of striking workers.
19. Collective agreements: detriment and dismissal.
20. Agreement to exclude dismissal rights.
21. Part-time work: discrimination.
22. Part-time work: code of practice.
23. Code of practice: supplemental.
24. Power to confer rights on individuals.
The Industrial Court, the Agency, Commissioners and Certification Officer
25. The Industrial Court.
26. The Agency: general duty.
27. Abolition of Commissioners.
28. The Certification Officer for Northern Ireland.
Miscellaneous
29. Partnerships at work.
30. Employment agencies.
31. Employment rights: employment outside Northern Ireland.
32. Unfair dismissal: special and additional awards.
33. Indexation of amounts, etc.
34. Guarantee payments.
35. Articles 32 to 34: consequential.
36. Compensatory awards, etc.: removal of limits in certain cases.
37. Transfer of undertakings.
38. National security.
General
39. Orders and regulations.
40. Repeals.

SCHEDULES:

  Schedule 1 -  Collective bargaining: recognition.

  Schedule 2 -  Union membership: detriment.

  Schedule 3 -  Ballots and notices.

  Schedule 4 -  Leave for family reasons, etc.
 Part I -  Maternity leave and parental leave.
 Part II -  Time off for dependants.
 Part III -  Consequential amendments.

  Schedule 5 -  Unfair dismissal of striking workers.

  Schedule 6 -  The Certification Officer.

  Schedule 7 -  Employment agencies.

  Schedule 8 -  National security.

  Schedule 9 -  Repeals.

At the Court at Buckingham Palace, the 12th day of October 1999

Present,

The Queen's Most Excellent Majesty in Council

Whereas this Order is made only for purposes corresponding to those of the Employment Rights Act 1999 (other than sections 22, 27, 39 and 40):

     Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 (as modified by section 46(2) of the said Act of 1999) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: - 

Introduction

Title and commencement
    
1.  - (1) This Order may be cited as the Employment Relations (Northern Ireland) Order 1999.

    (2) This Order shall come into operation on such day or days as the Department may by order appoint.

Interpretation
    
2.  - (1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

    (2) In this Order - 

Trade Unions

Collective bargaining: recognition
    
3.  - (1) The Trade Union and Labour Relations Order shall be amended as follows.

    (2) After Part IV there shall be inserted - 



    (3) Immediately before Schedule 2 there shall be inserted the Schedule set out in Schedule 1 to this Order.

Detriment related to trade union membership
    
4. Schedule 2 shall have effect.

Blacklists
    
5.  - (1) The Department may make regulations prohibiting the compilation of lists which - 

    (2) The Department may make regulations prohibiting - 

    (3) Regulations under this Article may, in particular - 

    (4) Regulations under this Article creating an offence may not provide for it to be punishable - 

    (5) In this Article - 

    (6) Subject to paragraph (5), expressions used in this Article and in the Trade Union and Labour Relations Order have the same meaning in this Article as in that Order.

Ballots and notices
    
6. Schedule 3 shall have effect.

Training
    
7.  - (1) In Part IVA of the Trade Union and Labour Relations Order (collective bargaining: recognition) as inserted by Article 3, there shall be inserted after Article 44A - 

    (2) In Article 149(2) of the Trade Union and Labour Relations Order after "1(2)," there shall be inserted "44B(9),".

Unfair dismissal connected with recognition: interim relief
    
8. In Articles 163(1)(b) and 164(1) of the Employment Rights Order (interim relief) after "136(1)" there shall be inserted "or in paragraph 161(2) of Schedule 1A to the Trade Union and Labour Relations Order".

Leave for family reasons, etc.

Maternity and parental leave
    
9. The provisions set out in Part I of Schedule 4 shall be substituted for Part IX of the Employment Rights Order.

Time-off for dependants
    
10. The provisions set out in Part II of Schedule 4 shall be inserted after Article 85 of the Employment Rights Order.

Consequential amendments
    
11. Part III of Schedule 4 (which makes amendments consequential on Articles 9 and 10) shall have effect.

Disciplinary and grievance hearings

Right to be accompanied
    
12.  - (1) This Article applies where a worker - 

    (2) Where this Article applies the employer must permit the worker to be accompanied at the hearing by a single companion who - 

    (3) A person is within this paragraph if he is - 

    (4) If - 

the employer must postpone the hearing to the time proposed by the worker.

    (5) An alternative time must - 

    (6) An employer shall permit a worker to take time off during working hours for the purpose of accompanying another of the employer's workers in accordance with a request under paragraph (1)(b).

    (7) Articles 92(3) and (4), 93, 95 and 247(1) of the Employment Rights Order (time off for carrying out trade union duties) shall apply in relation to paragraph (6) as they apply in relation to Article 92(1) of that Order.

Complaint to industrial tribunal
    
13.  - (1) A worker may present a complaint to an industrial tribunal that his employer has failed, or threatened to fail, to comply with Article 12(2) or (4).

    (2) A tribunal shall not consider a complaint under this Article in relation to a failure or threat unless the complaint is presented - 

    (3) Where a tribunal finds that a complaint under this Article is well-founded it shall order the employer to pay compensation to the worker of an amount not exceeding two weeks' pay.

    (4) Chapter IV of Part I of the Employment Rights Order (calculation of a week's pay) shall apply for the purposes of paragraph (3); and in applying that Chapter the calculation date shall be taken to be - 

    (5) The limit in Article 23(1) of the Employment Rights Order (maximum amount of week's pay) shall apply for the purposes of paragraph (3).

    (6) No award shall be made under paragraph (3) in respect of a claim which is made in the course of a claim for unfair dismissal if the tribunal makes a supplementary award under Article 162A(2) of the Employment Rights Order (internal appeal procedures).

Detriment and dismissal
    
14.  - (1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that he - 

    (2) Article 71 of the Employment Rights Order shall apply in relation to contraventions of paragraph (1) as it applies in relation to contraventions of certain Articles of that Order.

    (3) A worker who is dismissed shall be regarded for the purposes of Part XI of the Employment Rights Order as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that he - 

    (4) Articles 140 and 141 of that Order (qualifying period of employment and upper age limit) shall not apply in relation to paragraph (3).

    (5) Articles 163 to 167 of that Order (interim relief) shall apply in relation to dismissal for the reason specified in paragraph (3)(a) or (b) as they apply in relation to dismissal for a reason specified in Article 163(1)(b) of that Order.

    (6) In the application of Chapter II of Part XI of that Order in relation to paragraph (3), a reference to an employee shall be taken as a reference to a worker.

Interpretation
    
15.  - (1) In Articles 12 to 14 and this Article "worker" means an individual who is - 

    (2) In paragraph (1) "agency worker" means an individual who - 

and, for the purposes of Articles 12 to 14, both the agent and the principal are employers of an agency worker.

    (3) In paragraph (1) "home worker" means an individual who - 

and, for the purposes of Articles 12 to 14, the person mentioned in sub-paragraph (a) is the home worker's employer.

    (4) For the purposes of Article 12 a disciplinary hearing is a hearing which could result in - 

    (5) For the purposes of Article 12 a grievance hearing is a hearing which concerns the performance of a duty by an employer in relation to a worker.

    (6) For the purposes of Article 12(5)(b) a working day is a day other than - 

Contracting out and conciliation
    
16. Articles 12 to 15 shall be treated as provisions of Chapter I of Part VI of the Employment Rights Order for the purposes of - 

National security employees
    
17. Articles 12 to 15 shall not apply in relation to a person employed for the purposes of - 

Unfair dismissal of striking workers
    
18. Schedule 5 shall have effect.

Collective agreements: detriment and dismissal
    
19.  - (1) The Department may make regulations about cases where a worker - 

on the grounds that he refuses to enter into a contract which includes terms which differ from the terms of a collective agreement which applies to him.

    (2) The regulations may make provision which applies only in specified classes of case.

    (3) In this Article - 

    (4) The payment of higher wages or higher rates of pay or overtime or the payment of any signing on or other bonuses or the provision of other benefits having a monetary value to other workers employed by the same employer shall not constitute a detriment to any worker not receiving the same or similar payments or benefits within the meaning of paragraph (1)(a) so long as - 

Agreement to exclude dismissal rights
    
20.  - (1) In Article 240 of the Employment Rights Order (fixed-term contracts) paragraph (1) (agreement to exclude unfair dismissal provisions) shall be omitted; and paragraphs (2) to (5) shall have effect in consequence.

    (2) In Articles 68(4), 69(2), 70(2), 70A(2) and 70B(2) of that Order - 

    (3) In Article 68A(4) of that Order the words from ", unless" to the end shall be omitted.

    (4) In Schedule 2 to the Shops (Sunday Trading &.) (Northern Ireland) Order 1997, paragraph 11(5) shall be omitted.

    (5) In - 

the words from "except" to the end shall be omitted.

    (6) Article 240(1) of the Employment Rights Order does not prevent Part XI of that Order from applying to a dismissal which is regarded as unfair by virtue of Article 131 or 135 of that Order (pregnancy and childbirth, and assertion of statutory right).

Part-time work: discrimination
    
21.  - (1) The Department shall make regulations for the purpose of securing that persons in part-time employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than persons in full-time employment.

    (2) The regulations may - 

    (3) The regulations may - 

    (4) Without prejudice to the generality of this Article the regulations may make any provision which appears to the Department to be necessary or expedient - 

    (5) Regulations under this Article which create an offence - 

Part-time work: code of practice
    
22.  - (1) The Department may issue codes of practice containing guidance for the purpose of - 

    (2) The Department may revise a code and issue the whole or part of the revised code.

    (3) A person's failure to observe a provision of a code does not make him liable to any proceedings.

    (4) A code - 

Code of practice: supplemental
    
23.  - (1) Before issuing or revising a code of practice under Article 22 the Department shall consult such persons as it considers appropriate.

    (2) Before issuing a code the Department shall - 

    (3) If, having followed the procedure under paragraph (2), the Department decides to issue a code, the Department shall lay a draft code before the Assembly.

    (4) If the draft code is approved by resolution of the Assembly, the Department shall issue the code in the form of the draft.

    (5) In this Article and Article 22(3) and (4) - 

Power to confer rights on individuals
    
24.  - (1) This Article applies to any right conferred on an individual against an employer (however defined) under any of the following - 

    (2) The Department may by order make provision which has the effect of conferring any such right on individuals who are of a specified description.

    (3) The reference in paragraph (2) to individuals includes a reference to individuals expressly excluded from exercising the right.

    (4) An order under this Article may - 

    (5) An order under this Article may make provision in such way as the Department thinks fit, whether by amending statutory provisions or otherwise.

    (6) Article 250(4) of the Employment Rights Order (which is superseded by this Article) shall be omitted.

    (7) Any order made or having effect as if made under Article 250(4), so far as effective immediately before the coming into operation of this Article, shall have effect as if made under this Article.

The Industrial Court, the Agency, Commissioners and Certification Officer

The Industrial Court
    
25. For Articles 91 and 92 of the Industrial Relations (Northern Ireland) Order 1992 there shall be substituted - 

The Agency: general duty
    
26. In Article 83(1) of the Industrial Relations (Northern Ireland) Order 1992 (general duty of the Agency) the words from ", in particular" to the end shall be omitted.

Abolition of Commissioners
    
27.  - (1) These offices shall cease to exist - 

    (2) In the Trade Union and Labour Relations Order these provisions shall cease to have effect - 

    (3) In Article 11A of the Industrial Relations (Northern Ireland) Order 1992 (statement to members of union following annual return) in the third paragraph of paragraph (6)(a) (application for assistance from the Northern Ireland Commissioner for the Rights of Trade Union Members) for the words from "may" to "case," there shall be substituted "should".

The Certification Officer for Northern Ireland
    
28. Schedule 6 shall have effect.

Miscellaneous

Partnerships at work
    
29.  - (1) The Department may spend money or provide money to other persons for the purpose of encouraging and helping employers (or their representatives) and employees (or their representatives) to improve the way they work together.

    (2) Money may be provided in such way as the Department thinks fit (whether as grants or otherwise) and on such terms as it thinks fit (whether as to repayment or otherwise).

Employment agencies
    
30. Schedule 7 shall have effect.

Employment rights: employment outside Northern Ireland
    
31.  - (1) For Article 239 of the Employment Rights Order substitute - 

    (2) In Article 242 of that Order (mariners) after paragraph (6) insert - 

Unfair dismissal: special and additional awards
    
32.  - (1) Articles 151(4)(b), 152(2) and (3) and 159 of the Employment Rights Order (which require, or relate to, the making of special awards by industrial tribunals in unfair dismissal cases) shall cease to have effect.

    (2) In Article 151(3)(b) of the Employment Rights Order (amount of additional award) for "the appropriate amount" there shall be substituted "an amount not less than twenty-six nor more than fifty-two weeks' pay"; and paragraphs (5) and (6) of Article 151 shall cease to have effect.

    (3) In Article 15 of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 paragraph (1) shall cease to have effect.

Indexation of amounts, etc.
    
33.  - (1) This Article applies to the sums specified in the following provisions - 

    (2) If the retail prices index for September of a year is higher or lower than the index for the previous September, the Department shall as soon as practicable make an order in relation to each sum mentioned in paragraph (1) - 

by the same percentage as the amount of the increase or decrease of the index.

    (3) In making the calculation required by paragraph (2) the Department shall - 

    (4) For the sum specified in Article 158(1) of the Employment Rights Order (unfair dismissal: limit of compensatory award) there shall be substituted the sum of £50,000 (subject to paragraph (2) above).

    (5) In this Article "the retail prices index" means - 

    (6) An order under this Article shall be laid before the Assembly after being made.

Guarantee payments
    
34. For Article 63(7) of the Employment Rights Order (guarantee payments: limits) there shall be substituted - 

Articles 32 to 34: consequential
    
35.  - (1) Articles 23(2) to (4), 154(2), 158(2) and 231(2) of the Employment Rights Order (which confer power to increase sums) shall cease to have effect.

    (2) An increase effected, before Article 33 comes into operation, by virtue of a provision repealed by this Article shall continue to have effect notwithstanding this Article (but subject to Article 33(2) and (4)).

Compensatory awards, etc.: removal of limits in certain cases
    
36.  - (1) After Article 158(1) of the Employment Rights Order (limit of compensatory award etc.) there shall be inserted - 

    (2) Article 162B of that Order (power to specify method of calculation of compensation where dismissal a result of protected disclosure) shall cease to have effect.

Transfer of undertakings
    
37.  - (1) This Article applies where regulations under section 2(2) of the European Communities Act 1972 (general implementation of Treaties) make provision for the purpose of implementing, or for a purpose concerning, a Community obligation of the United Kingdom which relates to the treatment of employees on the transfer of an undertaking or business or part of an undertaking or business.

    (2) The Department may by regulations make the same or similar provision in relation to the treatment of employees in circumstances other than those to which the Community obligation applies (including circumstances in which there is no transfer, or no transfer to which the Community obligation applies).

    (3) Regulations under this Article shall be subject to negative resolution.

National security
    
38. Schedule 8 shall have effect.

General

Orders and regulations
    
39.  - (1) An order or regulations to which this paragraph applies shall - 

    (2) Paragraph (1) applies to - 

    (3) Regulations and orders under this Order may contain incidental, supplementary, transitional or saving provisions.

Repeals
    
40. The statutory provisions mentioned in Schedule 9 are repealed (or revoked) to the extent specified in column 3 of that Schedule.


A.K. Galloway
Clerk of the Privy Council


SCHEDULES


SCHEDULE 1
Article 3.


COLLECTIVE BARGAINING: RECOGNITION


The Schedule to be inserted immediately before Schedule 2 to the Trade Union and Labour Relations Order is as follows - 





SCHEDULE 2
Article 4.


UNION MEMBERSHIP: DETRIMENT


Introduction

     1. The Employment Rights Order shall be amended as provided in this Schedule.

Detriment

     2.  - (1) Article 73 (action short of dismissal on grounds related to union membership or activities) shall be amended as follows.

    (2) In paragraph (1) for "have action short of dismissal taken against him as an individual by his employer" substitute "be subjected to any detriment as an individual by any act, or any deliberate failure to act, by his employer if the act or failure takes place".

    (3) In paragraph (3) for "have action short of dismissal taken against him" substitute "be subjected to any detriment as an individual by any act, or any deliberate failure to act, by his employer if the act or failure takes place".

    (4) In paragraph (4) for "action short of dismissal taken against him" substitute "a detriment to which he has been subjected as an individual by an act of his employer taking place".

    (5) After paragraph (5) insert - 

Complaints to industrial tribunal

     3.  - (1) Article 74 shall be amended as follows.

    (2) In paragraph (1) for "action has been taken against him" substitute "he has been subjected to a detriment".

    (3) In paragraph (2)(a) for the words from "action to which" to "those actions" substitute "act or failure to which the complaint relates or, where that act or failure is part of a series of similar acts or failures (or both) the last of them".

    (4) After paragraph (2) insert - 

     4.  - (1) Article 75 shall be amended as follows.

    (2) In paragraph (1) for "action was taken against the complainant" substitute "he acted or failed to act".

    (3) In paragraph (2) for "action was taken by the employer or the purpose for which it was taken" substitute "the employer acted or failed to act, or the purpose for which he did so".

    (4) In paragraph (3) - 

    (5) For paragraph (4) substitute - 

Remedies

     5. In Article 76 for "action" there shall be substituted "act or failure" - 

     6. In Article 77(1) - 



SCHEDULE 3
Article 6.


BALLOTS AND NOTICES


Introduction

     1. The Trade Union and Labour Relations Order shall be amended as provided by this Schedule.

Support of ballot

     2.  - (1) Article 104 (requirement of ballot before action by trade union) shall be amended as follows.

    (2) In paragraph (3) (industrial action to be regarded as having support of ballot only if certain conditions are fulfilled) in sub-paragraph (a)(ii) for "113" substitute "112", omit the word "and" at the end of sub-paragraph (b), and after sub-paragraph (b) insert - 

    (3) In paragraph (4) for "109(1)" substitute "109(3)".

    (4) After paragraph (4) insert - 

Documents for employers

     3.  - (1) Article 105 (notice of ballot and sample voting paper for employers) shall be amended as follows.

    (2) In paragraph (2)(c) (notice of ballot must describe employees entitled to vote) for "describing (so that he can readily ascertain them) the employees of the employer" substitute "containing such information in the union's possession as would help the employer to make plans and bring information to the attention of those of his employees".

    (3) After paragraph (3) insert - 

Entitlement to vote

     4. In Article 108 (entitlement to vote in ballot) paragraph (2) (position where member is denied entitlement to vote) shall be omitted.

Separate workplace ballots

     5. The following shall be substituted for Article 109 (separate workplace ballots) - 

     6.  - (1) Article 110 (voting) shall be amended as follows.

    (2) After paragraph (3) (voting paper must ask whether voter is prepared to take part in a strike or industrial action short of a strike) insert - 

    (3) At the end of the statement in paragraph (5) (statement that industrial action may be a breach of employment contract to be set out on every voting paper) insert - 

    (4) In the definition of "strike" in Article 129 (interpretation) after "means" there shall be inserted "(except for the purposes of Article 110(3))".

Conduct of ballot: merchant seamen

     7. In Article 111 (conduct of ballot) for paragraphs (3) and (4) there shall be substituted - 

     8. After Article 115 insert - 

     9. After Article 115A there shall be inserted - 

Period of ballot's effectiveness

     10. In Article 117 (period after which ballot ceases to be effective) for paragraph (1) there shall be substituted - 

     11.  - (1) Article 118 (notice to employers of industrial action) shall be amended as follows.

    (2) In paragraph (3)(a) (notice relating to industrial action must describe employees intended to take part in industrial action) for "describes (so that he can readily ascertain them) the employees of the employer who" substitute "contains such information in the union's possession as would help the employer to make plans and bring information to the attention of those of his employees whom".

    (3) After paragraph (5) insert - 

    (4) In paragraph (7) - 

    (5) After paragraph (7) insert - 

    (6) In paragraph (9) for "paragraph (7)" substitute "paragraphs (7) to (7B)".



SCHEDULE 4
Articles 9, 10 and 11.


LEAVE FOR FAMILY REASONS, ETC.




PART I

MATERNITY LEAVE AND PARENTAL LEAVE NEW PART IX OF EMPLOYMENT RIGHTS ORDER





PART II

TIME OFF FOR DEPENDANTS PROVISIONS TO BE INSERTED AFTER ARTICLE 85 OF THE EMPLOYMENT RIGHTS ORDER



PART III

CONSEQUENTIAL AMENDMENTS

The Employment Rights (Northern Ireland) Order 1996 (NI 16)

     1. In Article 8(3) after sub-paragraph (b) insert "or".

     2. In Article 21(5)(b) for head (i) substitute - 

     3. After Article 70B insert - 

     4. In Article 71(1) for "or 70A" substitute ", 70A or 70C".

     5. In Articles 120(1)(c) and 121(3)(b) after "childbirth" insert "or on parental leave".

     6. In Article 124(4)(b) for "maternity leave period" substitute "ordinary or additional maternity leave period".

     7. In Article 130(6) for "Paragraphs (4) and (5) are" substitute "Paragraph (4) is".

     8. For Article 131 substitute - 

     9. In Articles 143(2) and 144(2) for sub-paragraph (a) substitute - 

     10. In Article 143(2) after sub-paragraph (cc) insert - 

     11. In Article 144(2) after sub-paragraph (c) insert - 

     12. In Article 152(1)(b) for "to 162" substitute "and 161".

     13. In Article 237(2) - 

     14. In Article 243(1) after "Article 70," insert "Article 70C,".

     15. In Article 244(2) - 

     16. In Article 251 - 



SCHEDULE 5
Article 18.


UNFAIR DISMISSAL OF STRIKING WORKERS


     1. The Employment Rights Order shall be amended as provided by this Schedule.

     2. In Article 137, in paragraph (1)(c) for "(7)" substitute "(7A)" and after paragraph (7) insert - 

     3. In Articles 140(3) and 141(2) at the end add

     4. In Article 144 after paragraph (2) insert - 

     5. In Article 144(8) after "this Article" insert "or Article 144A".

     6. After Article 144 insert - 



SCHEDULE 6
Article 28.


THE CERTIFICATION OFFICER


Introduction

     1. The Industrial Relations (Northern Ireland) Order 1992 shall be amended as provided by paragraphs 2 to 5.

Offenders

     2.  - (1) Article 13C (application to Certification Officer or court for declaration of breach of duty to secure positions not held by certain offenders) shall be amended as follows.

    (2) In paragraph (2) (Certification Officer's powers and duties) insert before sub-paragraph (a) - 

    (3) In paragraph (2)(a) (duty to give opportunity to be heard where Certification Officer considers it appropriate) omit ", where he considers it appropriate,".

    (4) Omit paragraphs (3) and (4) (different applications in respect of the same matter).

    (5) After paragraph (5) insert - 

    (6) In paragraph (6) (entitlement to enforce order) after "been made" insert "under paragraph (5) or (5A)".

    (7) After paragraph (6) insert - 

Accounting records

     3.  - (1) Article 37 (remedy for failure to comply with request for access to accounting records) shall be amended as follows.

    (2) In paragraph (7) (application to the court) for the words "for an order under this Article; and where, on such an application" substitute "or to the Certification Officer; and where, on an application to it" and for "that person" substitute "the applicant".

    (3) After paragraph (7) insert - 

    (4) In paragraph (8) (court's power to grant interlocutory relief) after "an application" insert "to it".

    (5) After paragraph (8) insert - 

Procedure before, and appeals from, Certification Officer

     4.  - (1) Article 70 (procedure before, and appeals from, Certification Officer) shall be amended as follows.

    (2) In paragraph (1) omit the words from "and, without prejudice" to the end.

    (3) After paragraph (1) insert - 

    (4) After paragraph (3) insert - 

     5. After Article 70 there shall be inserted - 

     6. The Trade Union and Labour Relations Order shall be amended as provided by the following provisions of this Schedule.

Register of members

     7. In Article 3 (duty to maintain register of members' names and addresses) the second sentence of paragraph (6) (application to Certification Officer does not prevent application to High Court) shall be omitted.

     8. In Article 4 (securing confidentiality of register during ballots) the second sentence of paragraph (6) (application to Certification Officer does not prevent application to High Court) shall be omitted.

     9.  - (1) Article 5 (application to Certification Officer for declaration of breach of duty regarding register of members' names and addresses) shall be amended as follows.

    (2) In paragraph (2)(b) (duty to give opportunity to be heard where Certification Officer considers it appropriate) omit "where he considers it appropriate,".

    (3) After paragraph (5) insert - 

    (4) After paragraph (8) insert - 

     10.  - (1) Article 6 (application to High Court for declaration of breach of duty regarding register of members' names and addresses) shall be amended as follows.

    (2) Omit paragraph (2) (position where application in respect of the same matter has been made to Certification Officer).

    (3) After paragraph (7) insert - 

     11. In Article 21 (remedy for failure to comply with the duty regarding elections) the second sentence of paragraph (1) (application to Certification Officer does not prevent application to court) shall be omitted.

     12.  - (1) Article 22 (application to Certification Officer for declaration of breach of duty regarding elections) shall be amended as follows.

    (2) In paragraph (2)(b) (duty to give opportunity to be heard where Certification Officer considers it appropriate) omit "where he considers it appropriate,".

    (3) After paragraph (5) insert - 

    (4) After paragraph (7) insert - 

     13.  - (1) Article 23 (application to High Court for declaration of failure to comply with requirements regarding elections) shall be amended as follows.

    (2) Omit paragraph (2) (position where application in respect of the same matter has been made to the Certification Officer).

    (3) After paragraph (7) insert - 

     14. After Article 46 there shall be inserted - 

Political ballot rules

     15. In Article 54 (remedy for failure to comply with political ballot rules) the second sentence of paragraph (1) (application to Certification Officer does not prevent application to High Court) shall be omitted.

     16.  - (1) Article 55 (application to Certification Officer for declaration of failure to comply with political ballot rules) shall be amended as follows.

    (2) In paragraph (2)(b) (duty to give opportunity to be heard where Certification Officer considers it appropriate) omit "where he considers it appropriate,".

    (3) After paragraph (5) insert - 

    (4) After paragraph (7) insert - 

     17.  - (1) Article 56 (application to court for declaration of failure to comply with political ballot rules) shall be amended as follows.

    (2) Omit paragraph (2) (position where application in respect of the same matter has been made to Certification Officer).

    (3) After paragraph (7) insert - 

     18.  - (1) Article 57 (rules as to political fund) shall be amended as follows.

    (2) After paragraph (2) insert - 

    (3) After paragraph (3) insert - 

Employers' associations

     19.  - (1) In Article 72(2) (provisions about application of funds for political objects to apply to unincorporated employers' associations) at the beginning insert "Subject to paragraphs (3) to (6),".

    (2) After Article 72(2) insert - 


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