Paragraph 47 of the Schedule inserts, after paragraph 116, new paragraphs 116A to 116G in relation to access agreements.
	Subparagraph (1) of 116A states that new paragraph 116A applies when the CAC accepts a derecognition application under paragraph 106, 107 or 112, and the application is in progress.
	Subparagraph (2) of 116A 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.
	Subparagraph (3) of 116A defines the access request period of 5 working days after the CAC gives notice of acceptance of the relevant application.
	Subparagraph (4) of 116A defines a derecognition application to be in progress for the purposes of paragraphs 116A to 116E unless one of a number of events (a-e) has occurred.
	Subparagraph (1) of 116B states that this paragraph applies if the CAC accepts a derecognition application, and the application is in progress, and the union requests access to the workers.
	Subparagraph (2) of 116B sets out that the CAC must try to help the parties reach an agreement during the negotiation period as to the terms on which there will be access to the workers.
	Subparagraph (3) of 116B sets out that the negotiation period is 20 working days starting the day after the CAC gives notice of acceptance of the relevant application.
	Subparagraph (4) of 116B provides that the CAC can give notice to 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 116B sets out that the CAC’s notice must contain reasons for the CAC reaching that conclusion.
	Subparagraph (6) of 116B provides flexibility enabling the CAC to bring forward or put back the date when the negotiation period ends where both parties request this.
	Subparagraph (1) of 116C states that this paragraph applies if the CAC accepts a derecognition application, the application is in progress, the union requests access, and there has not, during the negotiating period, been agreement on the terms of access to the workers.
	Subparagraph (2) of 116C states that the CAC must decide whether the union can have access and on what terms, during the adjudication period.
	Subparagraph (3) of 116C defines the adjudication period for this decision as 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 116C clarifies that any access terms that the CAC imposes must grant the union reasonable access to inform the workers of the object of the application for derecognition or any related ballot and seek their support and views on the issues involved.
	Subparagraph (1) of 116D states that this paragraph applies if a derecognition application is in process and an access agreement is agreed.
	Subparagraph (2) of 116D defines an access agreement.
	Subparagraph (3) of 116D requires the parties to comply with the access agreement.
	Subparagraph (4) of 116D 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 116D states that the employer must not discipline a worker who attended or indicated that they wished to attend a relevant meeting with the union.
	Subparagraph (6) of 116D defines a relevant meeting for the purposes of subparagraphs (4) and (5).
	Subparagraph (7) of 116D clarifies that the duties imposed by the employer under subparagraphs (4) and (5) of paragraph 116D do not confer rights on a worker, but also that they do not affect any other rights that the worker may have.
	Subparagraph (8) of 116D clarifies that any provision in an access agreement that requires personal data to be disclosed to someone other than a person appointed under paragraph 117 of Schedule A1 to conduct a ballot, has no effect.
	Subparagraph (9) of 116D clarifies that "personal data" has the same meaning as in section 3 of the Data Protection Act 2018.
	Subparagraph (10) of 116D 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 as set out in the legislation.
	Subparagraph (1) of 116E states that this paragraph applies where the CAC is satisfied that a party has failed to fulfil duties imposed on it by new paragraph 116D and the derecognition application is still in progress.
	Subparagraph (2) of 116E provides that the CAC may order a party to take reasonable remedial steps to remedy any failure within a reasonable period of time.
	Subparagraph (3) of 116E sets out the circumstances where subparagraphs (4) and (5) of new paragraph 116E apply, which is where the CAC is satisfied that a party has failed to comply with an order under subparagraph (2) while the application remains in process.
	Subparagraph (4) of 116E sets out that where the employer has failed to comply, the CAC may refuse the application for derecognition under paragraph 106 or 107 or order the employer to refrain from campaigning where the application is under paragraph 112.
	Subparagraph (5) of 116E sets out that where the union has failed to comply, the CAC may declare that the bargaining arrangements are to cease to have effect.
	Paragraph 116F sets out the remedy where the employer fails to comply with an order under paragraph 116E to refrain from campaigning. The workers making the derecognition application and the union may enforce the order as if it were an order of the county court or sheriff.
	Subparagraphs (1) and (2) of 116G set out the powers for the Secretary of State and 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 4 - Derecognition Access agreements