Vote Bundle Text (990325-09)

Amendments proposed to the Employment Relations Bill, As Amended - continued	House of Commons

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Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

*Page 60, line 19 [Schedule 3], after 'have', insert 'a significant'.

Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

*Page 63, line 17 [Schedule 3], leave out 'an' and insert 'a serious'.

Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

*Page 63, line 20 [Schedule 3], at end insert 'and makes the attendence of that employee to deal with the incident imperative'.

Mr William Hague
Mr Peter Lilley [R]
Mr James Arbuthnot
Mr John Redwood [R]
Mr Tim Boswell [R]
Mr Christopher Chope [R]

*Page 69, line 9 [Schedule 4], leave out 'eight' and insert 'four'.

Mr Secretary Byers

154

*Page 71, line 49 [Schedule 5], leave out from 'shall' to second 'the' in line 50 and insert '—

(a) make such enquiries as he thinks fit, and

(b) give the applicant and the trade union an opportunity to be heard.

(2AA) Where'.

Mr Secretary Byers

155

*Page 72, line 13 [Schedule 5], at end insert—

'(3A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'

Mr Secretary Byers

156

*Page 72, line 25 [Schedule 5], at end insert—

'(1A) In subsection (2) (Certification Officer's powers and duties) insert before paragraph (a)—

"(aa) shall make such enquiries as he thinks fit,".

Mr Secretary Byers

157

*Page 73, line 6 [Schedule 5], at end insert—

'(6A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'

Mr Secretary Byers

164

*Page 73, line 15 [Schedule 5], leave out 'this Chapter' and insert 'section 25, 31 or 45C'.

Mr Secretary Byers

158

*Page 75, line 11 [Schedule 5], at end insert—

'(5A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'

Mr Secretary Byers

159

*Page 76, line 44 [Schedule 5], at end insert—

'Political fund

16A.—(1) Section 82 (rules as to political fund) shall be amended as follows.

(2) After subsection (2) insert—

(3) After subsection (3) insert—

Mr Secretary Byers

160

*Page 76, line 46 [Schedule 5], leave out from beginning to end of line 47 and insert—

'Section 103 (complaints about procedure relating to amalgamation or transfer of engagements) shall be amended as follows.

(2) After subsection (2) insert—

(3) After subsection (5) insert—

Mr Secretary Byers

*Page 77, line 15 [Schedule 5], leave out '(5)' and insert '(5A)'.

Mr Secretary Byers

*Page 77, line 24 [Schedule 5], leave out 'conference or other body' and insert 'decision-making meeting'.

Mr Secretary Byers

*Page 77, line 33 [Schedule 5], leave out subsection (5) and insert—

'(5) An application must be made—

(a) within the period of six months starting with the day on which the breach or threatened breach is alleged to have taken place, or

(b) if within that period any internal complaints procedure of the union is invoked to resolve the claim, within the period of six months starting with the earlier of the days specified in subsection (5A).

(5A) Those days are—

(a) the day on which the procedure is concluded, and

(b) the last day of the period of one year beginning with the day on which the procedure is invoked.'

Mr Secretary Byers

*Page 78, line 1 [Schedule 5], leave out subsection (8) and insert—

'(8) For the purposes of subsection (2)(d) a committee is an executive committee if—

(a) it is a committee of the union concerned and has power to make executive decisions on behalf of the union or on behalf of a constituent body,

(b) it is a committee of a major constituent body and has power to make executive decisions on behalf of that body, or

(8A) For the purposes of subsection (2)(d) a decision-making meeting is—

(a) a meeting of members of the union concerned (or the representatives of such members) which has power to make a decision on any matter which, under the rules of the union, is final as regards the union or which, under the rules of the union or a constituent body, is final as regards that body, or

(b) a meeting of members of a major constituent body (or the representatives of such members) which has power to make a decision on any matter which, under the rules of the union or the body, is final as regards that body.

(8B) For the purposes of subsections (8) and (8A), in relation to the trade union concerned—

(a) a constituent body is any body which forms part of the union, including a branch, group, section or region;

(b) a major constituent body is such a body which has more than 1,000 members.'

Mr Secretary Byers

161

*Page 78, line 35 [Schedule 5], at end insert—

'(aa) shall make such enquiries as he thinks fit,'.

Mr Secretary Byers

162

*Page 79, line 3 [Schedule 5], at end insert—

'(4A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'

Mr Secretary Byers

163

*Page 79, line 47 [Schedule 5], leave out '(6)' and insert '(2A) and (5A)'.

Mr Secretary Byers

*Page 80, line 16 [Schedule 6], at end insert—

'A1. Ballots and Notices

Chapter

Short title

Extent of repeal

1992 c. 52.

Trade Union and Labour Relations (Consolidation) Act 1992.

In section 226(2) the word "and" at the end of paragraph (b).

Section 227(2).

In section 234A(7)(a) the words "otherwise than to enable the union to comply with a court order or an undertaking given to a court".'.

Mr Secretary Byers

*Page 81 [Schedule 6], leave out lines 27 and 28.

Mr Secretary Byers

*Page 82 [Schedule 6], leave out lines 13 and 14.

Mr Secretary Byers

*Page 85, line 23 [Schedule 6], at end insert—

'9. Compensatory award: removal of limit in certain cases

Chapter

Short title

Extent of repeal

1996 c. 18.

Employment Rights Act 1996.

In section 112(4), the words "or in accordance with regulations under section 127B".

In section 117(2) and (3), the words "and to regulations under section 127B".

In section 118(1), the words "Subject to regulations under section 127B,".

Section 127B.

1998 c. 23.

Public Interest Disclosure Act 1998.

Section 8.

Section 18(4)(b).'




©Parliamentary copyright 1998	Prepared 25 Mar 1999