- Statutory Instrument 1999 No. 2790 (N.I. 9)
The Employment Relations (Northern Ireland) Order 1999
© Crown Copyright 1999
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| Made | 12th October 1999 | ||
| Laid before Parliament | 26th October 1999 | ||
| Coming into operation on days to be appointed under Article 1(2) |
| 1. | Title and commencement. |
| 2. | Interpretation. |
| 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. |
| 9. | Maternity and parental leave. |
| 10. | Time-off for dependants. |
| 11. | Consequential amendments. |
| 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. |
| 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. |
| 25. | The Industrial Court. |
| 26. | The Agency: general duty. |
| 27. | Abolition of Commissioners. |
| 28. | The Certification Officer for Northern Ireland. |
| 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. |
| 39. | Orders and regulations. |
| 40. | Repeals. |
| 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. |
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: -
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 -
-
"the Department" means the Department of Economic Development;
-
"the Employment Rights Order" means the Employment Rights (Northern Ireland) Order 1996;
-
"the Trade Union and Labour Relations Order" means the Trade Union and Labour Relations (Northern Ireland) Order 1995.
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 -
Recognition of trade unions
44A. Schedule 1A shall have effect.".
(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 -
-
(a) contain details of members of trade unions or persons who have taken part in the activities of trade unions; and
(b) are compiled with a view to being used by employers or employment agencies for the purposes of discrimination in relation to recruitment or in relation to the treatment of workers.
(2) The Department may make regulations prohibiting -
-
(a) the use of lists to which paragraph (1) applies;
(b) the sale or supply of lists to which paragraph (1) applies.
(3) Regulations under this Article may, in particular -
-
(a) confer jurisdiction (including exclusive jurisdiction) on industrial tribunals;
(b) include provision for or about the grant and enforcement of specified remedies by courts and tribunals;
(c) include provision for the making of awards of compensation calculated in accordance with the regulations;
(d) include provision permitting proceedings to be brought by trade unions on behalf of members in specified circumstances;
(e) include provision about cases where an employee is dismissed by his employer and the reason or principal reason for the dismissal, or why the employee was selected for dismissal, relates to a list to which paragraph (1) applies;
(f) create criminal offences;
(g) in specified cases or circumstances, extend liability for a criminal offence created under sub-paragraph (f) to a person who aids the commission of the offence or to a person who is an agent, principal, employee, employer or officer of a person who commits the offence;
(h) provide for specified obligations or offences not to apply in specified circumstances;
(i) include consequential provision, including provision amending a statutory provision.
(4) Regulations under this Article creating an offence may not provide for it to be punishable -
-
(a) by imprisonment;
(b) by a fine in excess of level 5 on the standard scale in the case of an offence triable only summarily; or
(c) by a fine in excess of the statutory maximum in the case of summary conviction for an offence triable either on indictment or summarily.
(5) In this Article -
-
"list" includes any index or other set of items whether recorded electronically or by any other means; and
-
"worker" has the meaning given by Article 15.
(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 -
-
"
Training
44B. - (1) This Article applies where -
-
(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.
(5) Article 40(1) of the 1992 Order shall apply in relation to the provision of information under paragraph (4) as it applies in relation to the disclosure of information under Article 39 of that Order.
(6) The employer shall take account of any written representations about matters raised at a meeting which he receives from the trade union within the period of four weeks starting with the date of the meeting.
(7) Where more than one trade union is recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, a reference in this Article to "the trade union" is a reference to each trade union.
(8) Where at a meeting under this Article (Meeting 1) an employer indicates his intention to convene a subsequent meeting (Meeting 2) before the expiry of the period of six months beginning with the date of Meeting 1, for the reference to a period of six months in paragraph (2)(b) there shall be substituted a reference to the expected period between Meeting 1 and Meeting 2.
(9) The Department may by order amend any of paragraphs (2) to (6).
(10) No order shall be made under paragraph (9) unless a draft has been laid before, and approved by resolution of, the Assembly.
Article 44B: complaint to industrial tribunal
44C.
- (1) A trade union may present a complaint to an industrial tribunal that an employer has failed to comply with his obligations under Article 44B in relation to a bargaining unit.
(2) An industrial tribunal shall not consider a complaint under this Article unless it is presented -
-
(a) before the end of the period of three months beginning with the date of the alleged failure, or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
(3) Where an industrial tribunal finds a complaint under this Article well-founded it -
-
(a) shall make a declaration to that effect, and
(b) may make an award of compensation to be paid by the employer to each person who was, at the time when the failure occurred, a member of the bargaining unit.
(4) The amount of the award shall not, in relation to each person, exceed two weeks' pay.
(5) For the purpose of paragraph (4) a week's pay -
-
(a) shall be calculated in accordance with Chapter IV of Part I of the Employment Rights Order (taking the date of the employer's failure as the calculation date), and
(b) shall be subject to the limit in Article 23(1) of that Order.
(6) Proceedings for enforcement of an award of compensation under this Article -
-
(a) may, in relation to each person to whom compensation is payable, be commenced by that person, and
(b) may not be commenced by a trade union.".
(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".
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.
Right to be accompanied
12. - (1) This Article applies where a worker -
-
(a) is required or invited by his employer to attend a disciplinary or grievance hearing, and
(b) reasonably requests to be accompanied at the hearing.
(2) Where this Article applies the employer must permit the worker to be accompanied at the hearing by a single companion who -
-
(a) is chosen by the worker and is within paragraph (3),
(b) is to be permitted to address the hearing (but not to answer questions on behalf of the worker), and
(c) is to be permitted to confer with the worker during the hearing.
(3) A person is within this paragraph if he is -
-
(a) employed by a trade union of which he is an official within the meaning of the Trade Union and Labour Relations Order,
(b) an official of a trade union (within that meaning) whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a worker's companion at disciplinary or grievance hearings, or
(c) another of the employer's workers.
(4) If -
-
(a) a worker has a right under this Article to be accompanied at a hearing,
(b) his chosen companion will not be available at the time proposed for the hearing by the employer, and
(c) the worker proposes an alternative time which satisfies paragraph (5),
the employer must postpone the hearing to the time proposed by the worker.
(5) An alternative time must -
-
(a) be reasonable, and
(b) fall before the end of the period of five working days beginning with the first working day after the day proposed by the employer.
(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 -
-
(a) before the end of the period of three months beginning with the date of the failure or threat, or
(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months.
(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 -
-
(a) in the case of a claim which is made in the course of a claim for unfair dismissal, the date on which the employer's notice of dismissal was given or, if there was no notice, the effective date of termination, and
(b) in any other case, the date on which the relevant hearing took place (or was to have taken place).
(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 -
-
(a) exercised or sought to exercise the right under Article 12(2) or (4), or
(b) accompanied or sought to accompany another worker (whether of the same employer or not) pursuant to a request under that Article.
(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 -
-
(a) exercised or sought to exercise the right under Article 12(2) or (4), or
(b) accompanied or sought to accompany another worker (whether of the same employer or not) pursuant to a request under that Article.
(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 -
-
(a) a worker within the meaning of Article 3(3) of the Employment Rights Order,
(b) an agency worker,
(c) a home worker, or
(d) a person in Crown employment within the meaning of Article 236 of that Order, other than a member of the naval, military, air or reserve forces of the Crown.
(2) In paragraph (1) "agency worker" means an individual who -
-
(a) is supplied by a person ("the agent") to do work for another ("the principal") by arrangement between the agent and the principal,
(b) is not a party to a worker's contract, within the meaning of Article 3(3) of that Order, relating to that work, and
(c) is not a party to a contract relating to that work under which he undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any professional or business undertaking carried on by the individual;
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 -
-
(a) contracts with a person, for the purposes of the person's business, for the execution of work to be done in a place not under the person's control or management, and
(b) is not a party to a contract relating to that work under which the work is to be executed for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any professional or business undertaking carried on by the individual;
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 -
-
(a) the administration of a formal warning to a worker by his employer,
(b) the taking of some other action in respect of a worker by his employer, or
(c) the confirmation of a warning issued or some other action taken.
(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 -
-
(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.
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 -
-
(a) Article 245(1), (2)(e) and (f) and (3) to (5) of that Order (restrictions on contracting out); and
(b) Article 20(1)(c) of the Industrial Tribunals (Northern Ireland) Order 1996 (conciliation).
National security employees
17.
Articles 12 to 15 shall not apply in relation to a person employed for the purposes of -
-
(a) the Security Service; or
(b) the Secret Intelligence Service.
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 -
-
(a) is subjected to detriment by his employer, or
(b) is dismissed,
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 -
-
"collective agreement" has the meaning given by Article 2(2) of the Industrial Relations (Northern Ireland) Order 1992;
-
"employer" and "worker" have the same meaning as in Article 2(2) of the Trade Union and Labour Relations Order.
(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 -
-
(a) there is no inhibition in the contract of employment of the worker receiving the same from being the member of any trade union, and
(b) the said payments of higher wages or rates of pay or overtime or bonuses or the provision of other benefits are in accordance with the terms of a contract of employment and reasonably relate to services provided by the worker under that contract.
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 -
-
(a) the words from the beginning to "the dismissal," shall be omitted, and
(b) for "that Part" there shall be substituted "Part XI".
(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 -
-
(a) section 23(4) of the National Minimum Wage Act 1998; and
(b) paragraph 1(3) of Schedule 3 to the Tax Credits Act 1999,
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 -
-
(a) specify classes of person who are to be taken to be, or not to be, in part-time employment;
(b) specify classes of person who are to be taken to be, or not to be, in full-time employment;
(c) specify circumstances in which persons in part-time employment are to be taken to be, or not to be, treated less favourably than persons in full-time employment;
(d) make provision which has effect in relation to persons in part-time employment generally or provision which has effect only in relation to specified classes of persons in part-time employment.
(3) The regulations may -
-
(a) confer jurisdiction (including exclusive jurisdiction) on industrial tribunals;
(b) create criminal offences in relation to specified acts or omissions by an employer, by an organisation of employers, by an organisation of workers or by an organisation existing for the purposes of a profession or trade carried on by the organisation's members;
(c) in specified cases or circumstances, extend liability for a criminal offence created under sub-paragraph (b) to a person who aids the commission of the offence or to a person who is an agent, principal, employee, employer or officer of a person who commits the offence;
(d) provide for specified obligations or offences not to apply in specified circumstances;
(e) make provision about notices or information to be given, evidence to be produced and other procedures to be followed;
(f) amend, apply with or without modifications, or make provision similar to any provision of the Employment Rights Order (including, in particular, Parts VI, XI and XV) or the Trade Union and Labour Relations Order;
(g) provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified;
(h) include consequential provision, including provision amending a statutory provision.
(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 -
-
(a) for the purpose of implementing Council Directive 97/81/EC on the framework agreement on part-time work in its application to terms and conditions of employment;
(b) for the purpose of dealing with any matter arising out of or related to the United Kingdom's obligations under that Directive;
(c) for the purpose of any matter dealt with by the framework agreement or for the purpose of applying the provisions of the framework agreement to any matter relating to part-time workers.
(5) Regulations under this Article which create an offence -
-
(a) shall provide for it to be triable summarily only, and
(b) may not provide for it to be punishable by imprisonment or by a fine in excess of level 5 on the standard scale.
Part-time work: code of practice
22.
- (1) The Department may issue codes of practice containing guidance for the purpose of -
-
(a) eliminating discrimination in the field of employment against part-time workers;
(b) facilitating the development of opportunities for part-time work;
(c) facilitating the flexible organisation of working time taking into account the needs of workers and employers;
(d) any matter dealt with in the framework agreement on part-time work annexed to Council Directive 97/81/EC.
(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 -
-
(a) is admissible in evidence in proceedings before an industrial tribunal, and
(b) shall be taken into account by an industrial tribunal in any case in which it appears to the tribunal to be relevant.
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 -
-
(a) publish a draft code,
(b) consider any representations made to it about the draft,
(c) if the Department thinks it appropriate, modify the draft in the light of any representations made to it.
(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) -
-
(a) a reference to a code includes a reference to a revised code,
(b) a reference to a draft code includes a reference to a draft revision, and
(c) a reference to issuing a code includes a reference to issuing part of a revised code.
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 -
-
(a) the Industrial Relations (Northern Ireland) Order 1992;
(b) the Trade Union and Labour Relations Order;
(c) the Employment Rights Order;
(d) the Shops (Sunday Trading &.) (Northern Ireland) Order 1997;
(e) this Order;
(f) any instrument made under section 2(2) of the European Communities Act 1972.
(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 -
-
(a) provide that individuals are to be treated as parties to workers' contracts or contracts of employment;
(b) make provision as to who are to be regarded as the employers of individuals;
(c) make provision which has the effect of modifying the operation of any right as conferred on individuals by the order;
(d) include such consequential provisions as the Department thinks fit.
(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
25. For Articles 91 and 92 of the Industrial Relations (Northern Ireland) Order 1992 there shall be substituted -
-
"
The Industrial Court
91. - (1) There shall continue to be a body called the Industrial Court.
(2) The functions of the Court shall be performed on behalf of the Crown, but the Court shall not be subject to directions of any kind from any Minister of the Crown or Northern Ireland department as to the manner in which it is to exercise any of its functions.
The members of the Court
91A. - (1) The Industrial Court shall consist of members appointed by the Department.
(2) The Department shall appoint a member as chairman, and may appoint a member as deputy chairman or members as deputy chairmen.
(3) The Department may appoint as members only persons experienced in industrial relations, and they shall include some persons whose experience is as representatives of employers and some whose experience is as representatives of workers.
(4) Before making an appointment under paragraph (1) or (2) the Department shall consult the Agency and may consult other persons.
(5) At any time when the chairman of the Industrial Court is absent or otherwise incapable of acting, or there is a vacancy in the office of chairman, and the Court has a deputy chairman or deputy chairmen -
-
(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,
may perform any of the functions of chairman of the Court.
(6) At any time when every person who is chairman or deputy chairman is absent or otherwise incapable of acting, or there is no such person, such member of the Court as the Department may direct may perform any of the functions of the chairman of the Court.
(7) The members of the Court shall hold and vacant office in accordance with their terms of appointment.
(8) The Department shall pay to the members of the Court such remuneration and such travelling and other allowances as may be determined by the Department with the approval of the Department of Finance and Personnel and may pay to any other persons such allowances as the Department may, with the approval of the Department of Finance and Personnel, determine for the purposes of, or in connection with, their attendance at proceedings of the Court.
Proceedings of the Court
92.
- (1) For the purposes of discharging any of its functions, the Court shall consist of such of the members of the Court as the chairman may direct.
(2) If in any case the Court cannot reach a unanimous decision on its award, the chairman shall decide the matter acting with the full powers of an umpire.
(3) The Department may make, or authorise the Industrial Court to make, rules regulating the procedure of the Court and such rules may provide -
-
(a) for references in certain cases to a single member of the court;
(b) for the Court to sit in two or more divisions;
(c) for the Court to sit with assessors;
(d) for the Court, or any division of the Court, to act notwithstanding any vacancy in its number;
(e) for enabling questions as to the interpretation of any award to be settled without any fresh reference;
(f) for the cases in which persons may appear by counsel or solicitor in proceedings before the Court.
(4) Except as provided by rules under paragraph (3)(f), no person shall be entitled to appear in any proceedings before the Court by counsel or solicitor.
(5) Where any trade dispute referred to the Court under Article 84(2)(e) involves questions as to wages or as to hours of work or otherwise as to the terms and conditions of or affecting employment which are regulated by any statutory provision, the Court shall not make any award which is inconsistent with that statutory provision.
(6) Subject to paragraphs (1) to (5), the Court shall determine its own procedure.
(7) The Arbitration Act (Northern Ireland) 1937 shall not apply to any proceedings before the Court.
(8) In relation to the discharge of the Court's functions under Schedule 1A to the Trade Union and Labour Relations Order -
-
(a) Article 92A and paragraph (7) shall apply; and
(b) paragraphs (1) to (6) shall not apply.
Proceedings of the Court under Schedule 1A to the Trade Union and Labour Relations Order
92A.
- (1) For the purpose of discharging its functions under Schedule 1A to the Trade Union and Labour Relations Order in any particular case, the Industrial Court shall consist of a panel established under this Article.
(2) The chairman of the Court shall establish a panel or panels, and a panel shall consist of these three persons appointed by him -
-
(a) the chairman or a deputy chairman of the Court, who shall be chairman of the panel;
(b) a member of the Court whose experience is as a representative of employers;
(c) a member of the Court whose experience is as a representative of workers.
(3) The chairman of the Court shall decide which panel is to deal with a particular case.
(4) A panel may at the discretion of its chairman sit in private where it appears expedient to do so.
(5) If -
-
(a) a panel cannot reach a unanimous decision on a question arising before it, and
(b) a majority of the panel have the same opinion,
the question shall be decided according to that opinion.
(6) If -
-
(a) a panel cannot reach a unanimous decision on a question arising before it, and
(b) a majority of the panel do not have the same opinion,
the chairman of the panel shall decide the question acting with the full powers of an umpire.
(7) The Department may make, or authorise the Court to make, rules regulating the procedure of the Court in discharging its functions under Schedule 1A to the Trade Union and Labour Relations Order.
(8) Subject to the above provisions, a panel shall determine its own procedure.
(9) The Court may correct in any decision or declaration of the Court under Schedule 1A to the Trade Union and Labour Relations Order any clerical mistake or error arising from an accidental slip or omission.
(10) If any question arises as to the interpretation of a decision or declaration of the Court under that Schedule any party may apply to the Court for a decision; and the Court shall decide the question after hearing the parties or, if the parties consent, without a hearing and shall notify the parties.".
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 -
-
(a) the office of Northern Ireland Commissioner for the Rights of Trade Union Members;
(b) the office of Northern Ireland Commissioner for Protection Against Unlawful Industrial Action.
(2) In the Trade Union and Labour Relations Order these provisions shall cease to have effect -
-
(a) Part VII (provision by the Northern Ireland Commissioner for the Rights of Trade Union Members of assistance in relation to certain proceedings);
(b) Articles 121 and 122 (provision of assistance by Northern Ireland Commissioner for Protection Against Unlawful Industrial Action in relation to certain proceedings);
(c) Part IX (Commissioners' appointment, remuneration, staff, reports, accounts, etc.).
(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.
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 -
-
"
Employment outside Northern Ireland
239. - (1) The provisions to which this paragraph applies do not apply to employment where under his contract of employment an employee ordinarily works outside Northern Ireland.
(2) Paragraph (1) applies to -
-
(a) Part II;
(b) Chapter II of Part VI;
(c) Articles 92 to 95;
(d) Articles 221 and 222.".
(2) In Article 242 of that Order (mariners) after paragraph (6) insert -
-
"
(7) The provisions mentioned in paragraph (8) apply to employment on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 if and only if -
-
(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.".
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 -
-
(a) Article 40(6) of the Trade Union and Labour Relations Order (right to membership of trade union: remedies);
(b) Article 23(1) of the Employment Rights Order (maximum amount of a week's pay for purposes of certain calculations);
(c) Article 63(1) of that Order (guarantee payments: limits);
(d) Article 154(1) of that Order (unfair dismissal: minimum amount of basic award);
(e) Article 158(1) of that Order (unfair dismissal: limit of compensatory award);
(f) Article 231(1)(a) and (b) of that Order (employee's rights on insolvency of employer: maximum amount payable).
(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) -
-
(a) increasing each sum, if the new index is higher, or
(b) decreasing each sum, if the new index is lower,
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 -
-
(a) in the case of sums mentioned in paragraph (1)(a), (d) and (e), round the result up to the nearest £100;
(b) in the case of sums mentioned in paragraph (1)(b) and (f), round the result up to the nearest £10; and
(c) in the case of the sums mentioned in paragraph (1)(c), round the result up to the nearest 10 pence.
(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 -
-
(a) the general index of retail prices (for all items) published by the Office for National Statistics, or
(b) where that index is not published for a month, any substituted index or figures published by that Office.
(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 -
-
"
(7) The Department may by order vary -
-
(a) the length of the period specified in paragraph (2);
(b) a limit specified in paragraph (3) or (4).".
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 -
-
"
(1A) Paragraph (1) shall not apply to compensation awarded, or a compensatory award made, to a person in a case where he is regarded as unfairly dismissed by virtue of Article 132, 134A, 137(3) or 137(5A).".
(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.
Orders and regulations
39. - (1) An order or regulations to which this paragraph applies shall -
-
(a) be laid before the Assembly as soon as may be after it is made;
(b) come into operation on such date as may be specified therein; and
(c) cease to have effect on the expiration of a period of six months from the date on which it came into operation unless, before the expiration of that period, it is approved by a resolution of the Assembly.
(2) Paragraph (1) applies to -
-
(a) regulations under Article 5, 19 or 21;
(b) an order under Article 24.
(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
The Schedule to be inserted immediately before Schedule 2 to the Trade Union and Labour Relations Order is as follows -
1. A trade union (or trade unions) seeking recognition to be entitled to conduct collective bargaining on behalf of a group or groups of workers may make a request in accordance with this Part.
2. - (1) This paragraph applies for the purposes of this Part.
(2) References to the bargaining unit are to the group of workers concerned (or the groups taken together).
(3) References to the proposed bargaining unit are to the bargaining unit proposed in the request for recognition.
(4) References to the employer are to the employer of the workers constituting the bargaining unit concerned.
(5) References to the parties are to the union (or unions) and the employer.
3. - (1) This paragraph applies for the purposes of this Part.
(2) References to collective bargaining are to negotiations relating to pay, hours and holidays; but this has effect subject to sub-paragraph (3).
(3) If the parties agree matters as the subject of collective bargaining, references to collective bargaining 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, or the parties agree, that the union is (or unions are) entitled to conduct collective bargaining on behalf of a bargaining unit.
(4) Sub-paragraph (3) does not apply in construing paragraph 31(3).
(5) Sub-paragraphs (2) to (4) do not apply in construing paragraph 35 or 44 and in those paragraphs collective bargaining has the meaning given by Article 2(2) of the 1992 Order.
4. - (1) The union or unions seeking recognition must make a request for recognition to the employer.
(2) Paragraphs 5 to 9 apply to the request.
5. The request is not valid unless it is received by the employer.
6. The request is not valid unless the union (or each of the unions) has a certificate under Article 6 of the 1992 Order that it is independent.
7. - (1) The request is not valid unless the employer, taken with any associated employer or employers, employs -
-
(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.
10. - (1) If before the end of the first period the parties agree a bargaining unit and that the union is (or unions are) to be recognised as entitled to conduct collective bargaining on behalf of the unit, no further steps are to be taken under this Part.
(2) If before the end of the first period the employer informs the union (or unions) that the employer does not accept the request but is willing to negotiate, sub-paragraph (3) applies.
(3) The parties may conduct negotiations with a view to agreeing a bargaining unit and that the union is (or unions are) to be recognised as entitled to conduct collective bargaining on behalf of the unit.
(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 that on which the employer receives the request for recognition.
(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.
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.
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.
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.
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.
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.
18. - (1) If the Court accepts an application under paragraph 11(2) or 12(2) it must try to help the parties to reach within the appropriate period an agreement as to what the appropriate bargaining unit is.
(2) The appropriate 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 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.
20. - (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 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.
30. - (1) This paragraph applies if 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.
(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 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.
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".
33. An application under paragraph 11 or 12 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.
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.
43. - (1) Paragraphs 44 to 50 apply if the Court has to decide under paragraph 20 whether an application is valid.
(2) In those paragraphs -
-
(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.
51. - (1) For the purposes of this paragraph -
-
(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.
52. - (1) This paragraph applies for the purposes of this Part.
(2) An agreement is an agreement for recognition if the following conditions are fulfilled in relation to it -
-
(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 und