Schedule A1, Part IV, paragraph 116K

Sub-paragraphs (4) to (7) apply if— the CAC issues a declaration under paragraph 116J(2) that a complaint that a party has failed to comply with paragraph 116H is well-founded, the application under paragraph 106, 107 or 112 has not been withdrawn or, in the case of an application under paragraph 112, there has been no agreement as described in paragraph 116(1), the CAC has not refused the application under paragraph 116E(4)(a), 116K(4)(a) or (6) or 119(2), the CAC has not notified the union (or unions) of a declaration issued under paragraph 116E(5) or 116K(5) in relation to the application, and sub-paragraph (2) or (3) applies. This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included— the use of violence, or the dismissal of a union official. This sub-paragraph applies if the CAC has made an order under paragraph 116J(3) and— it is satisfied that the party subject to the order has failed to comply with it, or it makes another declaration under paragraph 116J(2) in relation to a complaint against that party. If the party that has failed to comply is the employer, the CAC may— refuse the employer’s application under paragraph 106 or 107; order the employer to refrain from any campaigning in relation to an application under paragraph 112. If the party that has failed to comply is a union, the CAC may issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration; and the bargaining arrangements cease to have effect accordingly. If the party that has failed to comply is the worker making an application under paragraph 112 (or any of the workers making an application under paragraph 112), the CAC may refuse the application. The powers conferred by this paragraph are in addition to those conferred by paragraph 116J.

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