Employment Relations Bill - continued        House of Lords

back to previous text
Power to amend
     125. - (1) If the CAC represents to the Secretary of State that paragraph 19 has an unsatisfactory effect and should be amended, he may by order amend it with a view to rectifying that effect.
      (2) He may amend it in such way as he thinks fit, and not necessarily in a way proposed by the CAC (if it proposes one).
      (3) An order under this paragraph shall be made by statutory instrument.
      (4) No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.
     126. - (1) The Secretary of State may issue guidance to the CAC on the way in which it is to exercise its functions under paragraph 19.
      (2) The CAC must take into account any such guidance in exercising those functions.
      (3) However, no guidance is to apply with regard to an application made to the CAC before the guidance in question was issued.
      (4) The Secretary of State must-
    (a) lay before each House of Parliament any guidance issued under this paragraph, and
    (b) arrange for any such guidance to be published by such means as appear to him to be most appropriate for drawing it to the attention of persons likely to be affected by it.
Method of conducting collective bargaining
     127. - (1) After consulting ACAS the Secretary of State may by order specify for the purposes of paragraphs 27(3) and 43(2) a method by which collective bargaining might be conducted.
      (2) If such an order is made the CAC-
    (a) must take it into account under paragraphs 27(3) and 43(2), but
    (b) may depart from the method specified by the order to such extent as the CAC thinks it is appropriate to do so in the circumstances.
      (3) An order under this paragraph shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
CAC's general duty
     128. In exercising functions under this Schedule in any particular case the CAC must have regard to the object of encouraging and promoting fair and efficient practices and arrangements in the workplace, so far as having regard to that object is consistent with applying other provisions of this Schedule in the case concerned.
General interpretation
     129. - (1) References in this Schedule to the CAC are to the Central Arbitration Committee.
      (2) For the purposes of this Schedule in its application to a part of Great Britain 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 that part of Great Britain."
previous section contents continue
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 14 April 1999