Employment Relations Bill - continued        House of Lords
CHAPTER VA, COLLECTIVE BARGAINING: RECOGNITION - continued
Other rights of individuals - continued

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Code of practice: supplemental.     20. - (1) Before issuing or revising a code of practice under section 19 the Secretary of State shall consult such persons as he considers appropriate.
 
      (2) Before issuing a code the Secretary of State shall-
 
 
    (a) publish a draft code,
 
    (b) consider any representations made to him about the draft,
 
    (c) if he thinks it appropriate, modify the draft in the light of any representations made to him.
      (3) If, having followed the procedure under subsection (2), the Secretary of State decides to issue a code, he shall lay a draft code before each House of Parliament.
 
      (4) If the draft code is approved by resolution of each House of Parliament, the Secretary of State shall issue the code in the form of the draft.
 
      (5) In this section and section 19(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.     21. - (1) This section applies to any right conferred on an individual against an employer (however defined) under or by virtue of any of the following-
 
 
    (a) the Trade Union and Labour Relations (Consolidation) Act 1992;
 
    (b) the Employment Rights Act 1996;
 
    (c) this Act;
 
    (d) any instrument made under section 2(2) of the European Communities Act 1972.
      (2) The Secretary of State 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 subsection (2) to individuals includes a reference to individuals expressly excluded from exercising the right.
 
      (4) An order under this section 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, incidental or supplementary provisions as the Secretary of State thinks fit.
      (5) An order under this section may make provision in such way as the Secretary of State thinks fit, whether by amending Acts or instruments or otherwise.
 
      (6) Section 209(7) of the Employment Rights Act 1996 (which is superseded by this section) shall be omitted.
 
      (7) Any order made or having effect as if made under section 209(7), so far as effective immediately before the commencement of this section, shall have effect as if made under this section.
 
 
CAC, ACAS, Commissioners and Certification Officer
CAC: members.     22. In section 260 of the Trade Union and Labour Relations (Consolidation) Act 1992 (members of the Committee) these subsections shall be substituted for subsections (1) to (3)-
 
 
    "(1) The Central Arbitration Committee shall consist of members appointed by the Secretary of State.
 
      (2) The Secretary of State shall appoint a member as chairman, and may appoint a member as deputy chairman or members as deputy chairmen.
 
      (3) The Secretary of State 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.
 
      (3A) Before making an appointment under subsection (1) or (2) the Secretary of State shall consult ACAS and may consult other persons."
 
CAC: proceedings.     23. - (1) The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as follows.
 
      (2) In section 263 (proceedings of the Committee) this subsection shall be inserted after subsection (6)-
 
 
    "(7) In relation to the discharge of the Committee's functions under Schedule A1-
 
 
    (a) section 263A and subsection (6) above shall apply, and
 
    (b) subsections (1) to (5) above shall not apply."
      (3) This section shall be inserted after section 263-
 
 
"Proceedings of the Committee under Schedule A1.     263A. - (1) For the purpose of discharging its functions under Schedule A1 in any particular case, the Central Arbitration Committee shall consist of a panel established under this section.
 
    (2) The chairman of the Committee 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 Committee, who shall be chairman of the panel;
 
    (b) a member of the Committee whose experience is as a representative of employers;
 
    (c) a member of the Committee whose experience is as a representative of workers.
      (3) The chairman of the Committee 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 or, in Scotland, an oversman.
 
      (7) Subject to the above provisions, a panel shall determine its own procedure."
 
      (4) In section 264 (awards of the Committee)-
 
 
    (a) in subsection (1) after "award" there shall be inserted ", or in any decision or declaration of the Committee under Schedule A1,";
 
    (b) in subsection (2) after "of the Committee," there shall be inserted "or of a decision or declaration of the Committee under Schedule A1,".
 
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