Funds for Trade Union Ballots (Amendment) Regulations 1988
| Jurisdiction | UK Non-devolved |
1988 No. 1123
TRADE UNIONS
The Funds for Trade Union Ballots (Amendment) Regulations 1988
Made 28th June 1988
Laid before Parliament 5th July 1988
Coming into force 26th July 1988
The Secretary of State, in exercise of the powers conferred on him by section 1 of the Employment Act 19801and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Funds for Trade Union Ballots (Amendment) Regulations 1988 and shall come into force on 26th July 1988.
Interpretation
2. In these Regulations —
“the 1980 Regulations” means the Funds for Trade Union Ballots Regulations 19802;
“the 1982 Regulations” means the Funds for Trade Union Ballots (Amendment) Regulations 19823;
“the 1984 Regulations” means the Funds for Trade Union Ballots Regulations 19844.
Revocation and application
3.—(1) The 1980 Regulations and the 1982 Regulations are hereby revoked.
(2) Regulations 1(2) and 2 of the 1984 Regulations and the definition of “the 1980 Regulations” in regulation 3 of the 1984 Regulations are hereby revoked.
(3) The amendments made to the 1984 Regulations by regulations 5 to 12 of these Regulations shall apply to a ballot if, but only if, the first day for casting votes in that ballot falls on or after 26th July 1988.
4. In regulation 3 of the 1984 Regulations (interpretation), after the definition of “the 1984 Act”, there shall be inserted ““the 1988 Act” means the Employment Act 1988”5.
5.—(1) In regulation 8 of the 1984 Regulations, after paragraph (1), there shall be inserted:
“1A The Certification Officer may, if he thinks fit, accept an application under paragraph (1) above in respect of more than one ballot relating to the same question or to related questions and in any such case, for all purposes of these regulations, he shall proceed as if each ballot had been the subject of a separate application.”.
(2) In paragraph (2) of regulation 8 of the 1984 Regulations, after “form” there shall be inserted “, shall contain such assurances” and after “other” shall be inserted “assurances and”.
6. In regulation 9 of the 1984 Regulations, after paragraph (3), there shall be inserted:
“4 For the avoidance of doubt, in paragraph (2) above, “legal proceedings” includes proceedings before the Certification Officer under section 4 of the 1964 Act, under section 5 of the 1984 Act or under section 16 of the 1988 Act.”.
7. For regulation 10 of the 1984 Regulations there shall be substituted:
“10.—(1) Except as provided by regulation 24 below, the Certification Officer shall not make any payments under regulations 14 to 18 below unless he considers that adequate assurances have been given by the trade union as to compliance with —
(a)
(a) the conditions mentioned in regulation 11 below (which are applicable to all ballots); and
(b)
(b) such of the conditions mentioned in regulation 12 below (which are applicable to specific questions asked in ballots) as are applicable to the question or questions asked in the ballot.
(2) for the purposes of paragraph (1) above, the Certification Officer shall not consider adequate such assurances as have been given if, on consideration of any matter which has come to his notice, he is of the opinion that any of the conditions referred to in that paragraph has not been satisfied.”.
8. In regulation 11 of the 1984 Regulations, for “10(a)(i)” there shall be substituted “10(1)(a)”.
9.—(1) In regulation 12 of the 1984 Regulations, for “10(a)(ii)” there shall be substituted “10(1)(b)”.
(2) For paragraph (a) of regulation 12 of the 1984 Regulations there shall be substituted:
“(a)
“(a) in the case of a question the purpose of which falls within paragraph (a) of regulation 5 above and is concerned only with the ending of a strike or other industrial action —
(i) that the ballot was conducted so as to secure, so far as reasonably practicable, that...
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