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Schedule A1, Part I, paragraph 51

TULRCA 1992

For the purposes of this paragraph— but an application cannot be an original application unless it was made under paragraph 11(2) or 12(2). the original application is the application referred to in paragraph 38(1) or 46(1), and the competing application is the other application referred to in paragraph 38(2) or the application in question referred to in paragraph 46(2); This paragraph applies if— the CAC decides that the competing application is not admissible by reason of paragraph 38 or is invalid by reason of paragraph 46, 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 CAC has not decided the appropriate bargaining unit under paragraph 19 or 19A, in relation to the application, and the required percentage test (within the meaning given by paragraph 14) is satisfied with regard to the competing application. In such a case— the CAC must cancel the original application, the CAC must give notice to the parties to the application that it has been cancelled, no further steps are to be taken under this Part of this Schedule in relation to the application, and the application shall be treated as if it had never been admissible.

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Source: legislation.gov.uk · retrieved 2026-09-04