Paragraph 48 of the Schedule inserts after new paragraph 116G new paragraphs 116H – 116L in relation to unfair practices.
	Subparagraph (1) of 116H sets out that the parties must refrain from using any unfair practice in relation to a derecognition application under paragraph 106, 107 or 112.
	Subparagraph (2) of 116H defines what constitutes an unfair practice. This follows the current definition of an unfair practice. It should be noted that Ministers have the power under paragraph 166B of Schedule A1 to widen in future the definition of what constitutes an unfair practice.
	Subparagraph (3) of 116H defines what is the relevant ballot and the relevant workers, for the purposes of the definition of an unfair practice in subparagraph (2).
	Subparagraph (4) of 116H defines what is an outcome-specific offer, which is an offer to pay money or equivalent where the aim is to affect the outcome of the derecognition application.
	Subparagraph (5) of 116H confirms that references to a party include the worker or workers making the derecognition application, where this is made under paragraph 112 of Schedule A1.
	Subparagraph (6) of 116H states that duties imposed by new paragraph 116H do not confer any rights on a worker, and do not affect any other rights that the worker may have.
	Subparagraph (7) of 116H provides for Ministers or ACAS to issue Codes of Practice in relation to new paragraph 116H.
	Paragraph 116I sets out the process for complaints to the CAC regarding non-compliance with the requirements of paragraph 116H.
	Subparagraph (1) of 116I sets out that a party may complain to the CAC where the other party has not complied with the duties in new paragraph 116H.
	Subparagraph (2) of 116I sets out the stages of the derecognition process after which a complaint cannot be made.
	Subparagraphs (3), (4) and (5) of 116I require the CAC to decide within a period of 10 working days whether a complaint of an unfair practice is well-founded. Well-founded is defined as the CAC making a finding that an unfair practice has occurred (irrespective of the effect of the practice). The CAC may extend the 10 working day period by notice giving reasons to the parties.
	Paragraph 116J sets out the process if the CAC finds that a complaint under paragraph 116I is well-founded.
	Subparagraph (2) of 116J states that the CAC must make a declaration that the complaint is well founded.
	Subparagraph (3) of 116J enables the CAC to order the offending party to take specified steps within a specified period.
	Subparagraph (4) of 116J sets out the circumstances where subparagraph (5) below applies: where the CAC has informed the union of a ballot.
	Subparagraph (5) of 116J sets out that the CAC may make arrangements for the holding of a secret ballot of the workforce in the bargaining unit to determine whether they want the bargaining arrangements to be ended.
	Subparagraph (6) of 116J sets out that the CAC can make orders, issue notices or declarations at any time prior to certain events occurring under (a-d).
	Subparagraph (7) of 116J explains that any action that the CAC requires must be reasonable in order to mitigate the failure of a party where it has not complied with the requirements under paragraph 116H (unfair practices).
	Subparagraph (8) of 116J clarifies that the CAC can make multiple orders under subparagraph (3).
	Paragraph 116K sets out the circumstances, in cases where the CAC has found that an unfair practice complaint has been well founded, and that there has been use of violence, dismissal of a union official, or where the CAC has made an order in relation to rectifying an unfair practice and this has not been complied with, or makes another declaration under paragraph 116J(2) in relation to the same party, then the CAC may consider refusing the application under paragraph 106 or 107 or order the employer to refrain from campaigning in relation to an application under paragraph 112, if the employer is the party in breach. If the party in breach is the union, subparagraph (5) clarifies that the CAC may issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC. If the application is made by workers under paragraph 112 and the party in breach is any such worker, the CAC may under subparagraph (6) consider refusing the application. Subparagraph (7) clarifies that the CAC powers under paragraph 116J are in addition to those under paragraph 116J.
	Paragraph 116L relates to where the CAC has made an order against the employer in relation to a derecognition application by workers under paragraph 112.
	Subparagraph (2) of 116L states that the worker making the application and the union are entitled to enforce obedience to the order. Subparagraph (3) states how that order can be enforced: in the same way as an order of the court or sheriff.
Part 4: Trade Unions and Industrial Action, etc Trade union recognition Part 4 - Derecognition Unfair practices