Paragraph 9 inserts after paragraph 19F of Schedule A1 a new paragraph 19G. Subparagraph (1) of 19G states that new paragraph 19G applies when the CAC accepts a statutory union recognition application where the employer has failed to agree to voluntary recognition or to the composition of the bargaining unit or where the union applies to the CAC to decide whether the union has the support of the majority of the workers in the bargaining unit.
	Subparagraph (2) of 19G provides that the union can give notice to the CAC and the employer within the access request period that it wants access to the relevant workers in the bargaining unit.
	Subparagraphs (3) and (4) of 19G define who the relevant workers are.
	Subparagraph (5) of 19G defines the access request period of 5 working days.
	Subparagraph (6) of 19G defines that a recognition application under Schedule A1 paragraphs 11 or 12 is in progress unless one of a number of events (a-d) has occurred.
	Paragraph 9 also inserts after paragraph 19F of Schedule A1 a new paragraph 19H. Subparagraph (1) of 19H states that new paragraph 19H applies when the CAC accepts a statutory union recognition application and the application is in progress and the union requests access.
	Subparagraph (2) of 19H sets out that the CAC must try to help the parties reach an agreement during the negotiation period.
	Subparagraph (3) of 19H sets out that the negotiation period is 20 working days starting the following day after the CAC gives the union notice that its application is accepted (or longer if the CAC specifies).
	Subparagraph (4) of 19H provides that the CAC can give notice the parties that the negotiation period has come to an end where the CAC concludes that there is no reasonable prospect of the parties agreeing access terms.
	Subparagraph (5) of 19H sets out that the CAC’s notice must contain reasons for the CAC reaching that conclusion.
	Subparagraph (6) of 19H provides flexibility enabling the CAC to bring forward or put back the date where the negotiation period ends where both parties request this.
	Paragraph 9 also inserts after paragraph 19F of Schedule A1 a new paragraph 19I. Subparagraph (1) of 19I states that new paragraph 19I applies when the CAC accepts a statutory union recognition application, a union has requested access, the parties have not reached within the 20 working days negotiation period a voluntary access agreement and the application is in progress.
	Subparagraph (2) of 19I set out that the CAC must decide whether the CAC can have access to the workers and on what terms.
	Subparagraph (3) of 19I sets out that the adjudication period for this decision is 10 working days after the expiry of the negotiation period. This can be extended by the CAC giving notice and reasons to the parties.
	Subparagraph (4) of paragraph 19I clarifies that any access terms that the CAC imposes must grant the union reasonable access to inform the workers of their statutory application for recognition and seek their support and views on the issues involved.
	Paragraph 9 also inserts after paragraph 19F of Schedule A1 a new paragraph 19J. Subparagraph (1) of 19J states that new paragraph 19J applies when the CAC accepts a statutory union recognition application, an access agreement is agreed and the application is in progress.
	Subparagraph (2) of paragraph 19J defines an access agreement.
	Subparagraph (3) of paragraph 19J requires the parties to comply with the access agreement.
	Subparagraph (4) of paragraph 19J requires that the employer must not make an offer to the workers that could induce them not to attend a meeting with the union and which is not reasonable.
	Subparagraph (5) of paragraph 19J states that the employer must not discipline a worker who attended or indicated that they wished to attend a meeting with the union.
	Subparagraph (6) of paragraph 19J defines who is a relevant worker in the bargaining unit in the case of an application under paragraph 11(2) or 12(2) of Schedule A1.
	Subparagraph (7) of paragraph 19J states that in relation to an application to the CAC to determine whether the union has majority support in the bargaining unit, the relevant workers are those within the bargaining unit agreed by the parties.
	Subparagraph (8) of paragraph 19J defines a relevant meeting, that is a meeting between the workers and the union, as organised in compliance with the access agreement or a CAC order and where the employer is required to permit the workers to attend.
	Subparagraph (9) of paragraph 19J clarifies that the duties imposed by the employer under subparagraphs (4) and (5) of paragraph 19J do not confer rights on a worker, but also that they do not affect any other rights that the worker may have.
	Subparagraph (10) of paragraph 19J sets out that any provision in an access agreement that requires personal data to be disclosed to someone other than the Suitable Independent Person (SIP) who manages communications or the Qualified Independent Person (QIP) who oversees the recognition ballot, has no effect.
	Subparagraph (11) of paragraph 19J defines that the "appointed person" is either the SIP or QIP referred to above. Personal data has the same meaning as in the Data Protection Act 2018.
	Subparagraph (12) of paragraph 19J stipulates that an access agreement is not a legally enforceable contract and that is also the case where the access agreement forms part of a collective agreement. The remedies for breach are therefore those provided in the legislation.
	Paragraph 9 also inserts after paragraph 19F of Schedule A1 a new paragraph 19K. Subparagraph (1) of 19K states that the CAC may issue an order where the CAC is satisfied that a party has failed to fulfil duties imposed on it by new paragraph 19J and the application is still in progress.
	Subparagraph (2) of paragraph 19K provides that the CAC may order a party to take remedial steps to remedy any failure within a reasonable period of time.
	Subparagraph (3) of paragraph 19K sets out the circumstances where subparagraphs (4) and (5) of new paragraph 19K apply which includes that the bargaining unit has to be agreed by the parties or decided by the CAC. In instances where it becomes apparent a declaration under subparagraphs (4) or (5) may be needed but the bargaining unit has not yet been agreed or determined, it is expected that the bargaining unit will be agreed or determined and then the CAC will consider making a declaration under either subparagraph.
	Subparagraph (4) of paragraph 19K sets out that if the party in breach is the employer, the CAC may declare that the union(s) has been recognised.
	Subparagraph (5) of paragraph 19K sets out that if the party in breach is the union, the CAC may declare that the union is not recognised.
	Paragraph 9 also inserts after paragraph 19F of Schedule A1 a new paragraph 19L. This sets out the powers for the Secretary of State or ACAS to issue Codes of Practice relating to access, including what is reasonable access and clarifying the duty of the employer in relation to inducements.
Part 4: Trade Unions and Industrial Action, etc Trade union recognition Part 2 - Recognition Access agreements