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Lord McIntosh of Haringey moved Amendments Nos. 164 and 165:


Page 41, line 47, at end insert--
("(aa) specifies the period of 13 weeks in question,")
Page 41, line 48, at end insert--
("(ba) is given within the period of 5 working days starting with the day after the last day of the specified period of 13 weeks,")

On Question, amendments agreed to.

[Amendment No. 165A not moved.]

Lord McIntosh of Haringey moved Amendments Nos. 166 to 169:


Page 42, line 2, leave out ("period of 13 weeks ending with the day preceding that on which the notice is given") and insert ("specified period of 13 weeks")
Page 42, line 6, after ("day") insert ("after that")
Page 42, leave out lines 8 to 10
Page 42, line 12, leave out ("period of 13 weeks ending with the day preceding that on which the notice is given") and insert ("specified period of 13 weeks")

On Question, amendments agreed to.

[Amendment No. 169A not moved.]

7 Jun 1999 : Column 1258

Lord McIntosh of Haringey moved Amendment No. 170:


Page 42, line 27, at end insert--
("(7) An order made under paragraph 6(6) may also--
(a) provide that sub-paragraphs (1) to (6) of this paragraph and paragraphs 76 to 78 are not to apply, or are not to apply in specified circumstances, or
(b) vary the number of workers for the time being specified in sub-paragraphs (1)(b) and (2)(c).")

The noble Lord said: I spoke to this amendment with Amendment No. 7. I beg to move.

[Amendment No. 170A, as an amendment to Amendment No. 170, not moved.]

On Question, amendment agreed to.

9.45 p.m.

Lord McIntosh of Haringey moved Amendments Nos. 171 to 185:


Page 42, line 27, at end insert--
("75A.--(1) Within the validation period the CAC must decide whether the notice complies with paragraph 75(2).
(2) If the CAC decides that the notice does not comply with paragraph 75(2)--
(a) the CAC must give the parties notice of its decision, and
(b) the employer's notice shall be treated as not having been given.
(3) If the CAC decides that the notice complies with paragraph 75(2) it must give the parties notice of the decision.
(4) The bargaining arrangements shall cease to have effect on the date specified under paragraph 75(2)(d) if--
(a) the CAC gives notice under sub-paragraph (3), and
(b) the union does not (or unions do not) apply to the CAC under paragraph 76.
(5) The validation period is--
(a) the period of 10 working days starting with the day after that on which the CAC receives the copy of the notice, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.")
Page 42, line 29, leave out ("a notice is given which purports to be given under paragraph 75") and insert ("the CAC gives notice under paragraph 75A(3)")
Page 42, line 30, after ("day") insert ("after that")
Page 42, line 32, leave out from first ("whether") to end of line 34 and insert ("the period of 13 weeks specified under paragraph 75(2)(aa) ends on or after the relevant date and whether the statement made under paragraph 75(2)(c) is correct")
Page 42, line 35, leave out ("to the CAC")
Page 42, line 38, leave out ("to the CAC")
Page 43, leave out lines 5 and 6 and insert--
("(5) If the CAC decides that the application is admissible it must--
(a) accept the application, and
(b) give notice of the acceptance to the parties.")
Page 43, line 8, after ("day") insert ("after that on which")
Page 43, line 14, leave out from ("the") to end of line 16 and insert ("questions whether the period of 13 weeks specified under paragraph 75(2)(aa) ends on or after the relevant date and whether the statement made under paragraph 75(2)(c) is correct")
Page 43, line 17, leave out ("question (or questions)") and insert ("questions")

7 Jun 1999 : Column 1259


Page 43, line 19, leave out ("paragraph 75(1)(b) is fulfilled and that the notice is given in accordance with paragraph 75") and insert ("the period of 13 weeks specified under paragraph 75(2)(aa) ends on or after the relevant date and that the statement made under paragraph 75(2)(c) is correct")
Page 43, line 22, leave out ("paragraph 75(1)(b) is not fulfilled or that the notice is not given in accordance with paragraph 75, the notice") and insert ("the period of 13 weeks specified under paragraph 75(2)(aa) does not end on or after the relevant date or that the statement made under paragraph 75(2)(c) is not correct, the notice under paragraph 75")
Page 43, line 26, after ("day") insert ("after that on which")
Page 43, line 34, leave out ("84") and insert ("85")
Page 43, line 38, at end insert--
("(aa) is received by the union (or each of the unions),")

The noble Lord said: These amendments have already been spoken to. I beg to move.

On Question, amendments agreed to.

[Amendment No. 186 not moved.]

Lord McIntosh of Haringey moved Amendments Nos. 187 to 190:


Page 43, line 43, leave out ("in relation to the request")
Page 44, line 1, leave out ("in the second period")
Page 44, line 3, leave out ("in") and insert ("before the end of")
Page 44, line 4, leave out ("in relation to the request")

On Question, amendments agreed to.

[Amendment No. 191 not moved.]

Lord McIntosh of Haringey moved Amendments Nos. 192 and 193:


Page 44, line 11, leave out ("28") and insert ("20 working")
Page 44, line 25, leave out ("in") and insert ("before the end of")

The noble Lord said: These two amendments were spoken to with Amendment No. 9. I beg to move.

On Question, amendments agreed to.

[Amendment No. 194 not moved.]

Lord McIntosh of Haringey moved Amendments Nos. 195 to 208:


Page 44, line 31, leave out ("and the employer rejects the proposal") and insert ("and--
(a) the employer rejects the proposal, or
(b) the employer fails to accept the proposal within the period of 10 working days starting with the day after that on which the union makes (or unions make) the proposal.")
Page 44, line 33, leave out ("to the CAC")
Page 44, line 37, leave out ("to the CAC")
Page 45, line 5, after ("is") insert ("made in accordance with paragraph 81 or 82 and")
Page 45, line 8, at end insert ("made in accordance with paragraph 81 or 82 or is not")
Page 45, line 13, after second ("is") insert ("made in accordance with paragraph 81 or 82 and is")
Page 45, line 18, after ("day") insert ("after that on which")
Page 46, line 8, after ("day") insert ("after that on which")
Page 46, line 20, leave out ("28 days starting with the day") and insert ("20 working days starting with the day after that on which")
Page 46, line 37, leave out ("28") and insert ("20 working")
Page 46, line 42, at end insert ("or
(c) by a combination of the methods described in paragraphs (a) and (b),")

7 Jun 1999 : Column 1260


Page 47, line 1, at end insert--
("(7A) The CAC may not decide that the ballot is to be conducted as mentioned in sub-paragraph (6)(c) unless there are special factors making such a decision appropriate; and special factors include--
(a) factors arising from the location of workers or the nature of their employment;
(b) factors put to the CAC by the employer or the union (or unions).")
Page 47, line 11, leave out ("has decided") and insert ("is required under sub-paragraph (3)")
Page 47, line 13, leave out ("of the decision") and insert ("that it is so required")

On Question, amendments agreed to.

[Amendment No. 209 not moved.]

Lord McIntosh of Haringey moved Amendments Nos. 210 to 220:


Page 47, line 32, at end insert ("after that on which")
Page 48, line 37, leave out ("written")
Page 48, line 41, leave out ("21 days starting with the day") and insert ("15 working days starting with the day after that on which")
Page 50, line 18, at end insert--
("(aa) is received by the union (or each of the unions),")
Page 50, line 25, leave out ("in relation to the request")
Page 51, line 16, after ("day") insert ("after that on which")
Page 51, line 35, after ("group") insert ("or groups")
Page 51, line 46, at end insert ("(or the groups taken together)")
Page 52, line 37, after ("day") insert ("after that on which")
Page 53, line 2, leave out ("28 days starting with the day") and insert ("20 working days starting with the day after that on which")
Page 53, line 26, leave out from ("whether") to ("but") in line 27 and insert ("sub-paragraph (1) is fulfilled")

On Question, amendments agreed to.


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