Paragraph 1 of Schedule 6 explains that the schedule amends Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 in accordance with Parts 2 to 5 of this Schedule.
	Paragraph 2 explains that Part 6 of this Schedule contains consequential amendments to the Employment Relations Act 2004.
	This new Schedule amends Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 to extend the prohibition on unfair practices to the entirety of a recognition or derecognition process, ensure that the Central Arbitration Committee can make orders in relation to such practices whether or not they have an impact on the process, increase the time limit for making claims in relation to such practices, provide for binding arrangements for access by the union to workers throughout a recognition or derecognition process, prevent workers who joined the bargaining unit after a recognition application is submitted from being counted for the purposes of the recognition process, prevent a new recognition agreement with a non-independent union stopping the statutory recognition process, substitute a "required percentage" test (not to be greater than 10% or less than 2%) for the level of trade union membership in the bargaining unit for acceptance by the CAC of the union’s application for recognition, remove the requirement at the time of application that the union is likely to secure a majority in a recognition ballot, and remove the requirement that, in a recognition ballot, at least 40% of those entitled to vote must support the union’s application.
	The provisions in respect of preventing workers who joined the bargaining unit after a recognition application from being counted for the purposes of the recognition process have been drafted so as to sit in Schedule A1 at the points of the recognition process where they are most relevant as opposed to being grouped together. Below is a brief summary of the relevant points of the Schedule at which the reader will find these provisions and the paragraphs of Schedule A1 that they relate to:
Paragraph 5(2) (Paragraphs 13A(6), 13A(7) and 14(1A) of Schedule A1, acceptance of applications: multiple applications);
Paragraph 5(5) (Paragraph 14(5A) of Schedule A1, acceptance of applications: multiple applications);
Paragraph 11(3) (Paragraph 22(1A) of Schedule A1, powers of the CAC to declare a union recognised where a majority of the workers are members of the union);
Paragraph 12(3) (Paragraph 23(1A) of Schedule A1, CAC to order a ballot where the majority of workers are not members of the union);
Paragraph 20(2) (Paragraph 35(1A) of Schedule A1, admissibility of applications: existing collective agreement);
Paragraph 21, (Paragraph 36(1A) of Schedule A1, admissibility of applications: minimum support);
Paragraph 22(3) (Paragraph 38(2A) of Sch. A1, admissibility of applications: overlapping bargaining unit);
Paragraph 27(2) (Paragraph 44(1A) of Sch. A1, validity of applications: existing collective agreement);
Paragraph 28 (Paragraph 45(2) of Schedule A1, validity of applications: minimum support);
Paragraph 29(3) (Paragraph 46(3) of Schedule A1, validity of applications: overlapping bargaining unit).
	This new Schedule to the Act, amends the requirement that a union demonstrates that it has 10% membership of the proposed bargaining unit on application to the Central Arbitration Committee and replaces this with references to the ‘required percentage test’. The new Schedule removes all references in Schedule A1 that also required a union to demonstrate on application to the CAC that it was likely to obtain a majority in a recognition ballot. The Schedule gives the Secretary of State the power to amend by Regulations the "required percentage" to be no greater than 10% and no less than 2%. Finally, the Schedule gives effect to the policy of only requiring unions to obtain a simple majority in a trade union recognition ballot.
	The provisions in respect of the required percentage test and achieving a simple majority sit in Schedule A1 at the points of the recognition process where they are most relevant as opposed to being grouped together. Please see below a brief summary of the relevant points of the Schedule at which you will find these provisions and the paragraphs of Schedule A1 that they relate to:
Required percentage test
Para. 5(3), (4), (6) and (7) (Para. 14 of Sch. A1, acceptance of applications: multiple applications);
Para. 21 (Para. 36(1) of Sch. A1, admissibility of applications: minimum support);
Para. 28 (Para. 45(1) of Sch. A1, validity of applications: minimum support);
Para. 34 (Para. 51(2)(c) of Sch. A1, competing applications);
Para. 42(2) and (3) (Para. 86(2) and (3) of Sch. A1, new bargaining unit: assessment of support);
Para. 44 (Para. 88(1) of Sch. A1, powers of CAC where majority of workers are not members of union);
Para. 65 (Para. 171B of Sch. A1, meaning of "the required percentage");
Simple majority
Para. 819(3) (Para 29(3) of Sch. A1, result of ballot);
Para. 43 (Para. 87 of Sch. A1, powers of CAC where majority of workers are members of union);
Para. 44 (Para. 88 of Sch. A1, powers of CAC where majority of workers are not members of union).
	The subsequent paragraphs in the new Schedule give effect to the policy intent set out in the paragraphs above.
Part 4: Trade Unions and Industrial Action, etc Trade union recognition Part 1 - Introduction