(1) Where a dismissal procedures agreement is designated by an order under subsection (3) which is for the time being in force—
(a) the provisions of that agreement relating to dismissal shall have effect in substitution for any rights under section 94, and
(b) accordingly, section 94 does not apply to the dismissal of an employee from any employment if it is employment to which, and he is an employee to whom, those provisions of the agreement apply.
[(2) But if the agreement includes provision that it does not apply to dismissals of particular descriptions, subsection (1) does not apply in relation to a dismissal of any such description.]
(3) An order designating a dismissal procedures agreement may be made by the Secretary of State, on an application being made to him jointly by all the parties to the agreement, if he is satisfied that—
(a) every trade union which is a party to the agreement is an independent trade union,
(b) the agreement provides for procedures to be followed in cases where an employee claims that he has been, or is in the course of being, unfairly dismissed,
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