Trade Union Reform and Employment Rights Act 1993

JurisdictionUK Non-devolved
Citation1993 c. 19


Trade Union Reform andEmployment Rights Act1993

1993 CHAPTER 19

An Act to make further reforms of the law relating to trade unions and industrial relations; to make amendments of the law relating to employment rights and to abolish the right to statutory minimum remuneration; to amend the law relating to the constitution and jurisdiction of industrial tribunals and the Employment Appeal Tribunal; to amend section 56A of the Sex Discrimination Act 1975; to provide for the Secretary of State to have functions of securing the provision of careers services; to make further provision about employment and training functions of Scottish Enterprise and of Highlands and Islands Enterprise; and for connected purposes.

[1st July 1993]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Trade Unions etc.

Part I

Trade Unions etc.

Union elections and ballots

Union elections and ballots

S-1 Election scrutineer to check register.

1 Election scrutineer to check register.

(1) In the Trade Union and Labour Relations (Consolidation) Act 1992 (referred to in this Act as ‘the 1992 Act’), in section 49 (appointment of independent scrutineer for election)—

(a) after paragraph (a) of subsection (3) (terms of appointment of scrutineer) there shall be inserted—

‘(aa) to—

(i) inspect the register of names and addresses of the members of the trade union, or

(ii) examine the copy of the register as at the relevant date which is supplied to him in accordance with subsection (5A)(a),

whenever it appears to him appropriate to do so and, in particular, when the conditions specified in subsection (3A) are satisfied;’,

(b) in paragraph (d) (scrutineer to retain custody of voting papers) of that subsection, after the words ‘purposes of the election’ there shall be inserted the words ‘and the copy of the register supplied to him in accordance with subsection (5A)(a)’ and after the words ‘of the papers’ there shall be inserted the words ‘or copy’,

(c) after that subsection there shall be inserted—

(3A) The conditions referred to in subsection (3)(aa) are—

(a) that a request that the scrutineer inspect the register or examine the copy is made to him during the appropriate period by a member of the trade union or candidate who suspects that the register is not, or at the relevant date was not, accurate and up-to-date, and

(b) that the scrutineer does not consider that the suspicion of the member or candidate is ill-founded.

(3B) In subsection (3A) ‘the appropriate period’ means the period—

(a) beginning with the first day on which a person may become a candidate in the election or, if later, the day on which the scrutineer is appointed, and

(b) ending with the day before the day on which the scrutineer makes his report to the trade union.

(3C) The duty of confidentiality as respects the register is incorporated in the scrutineer's appointment.’,

(d) after subsection (5) there shall be inserted—

(5A) The trade union shall—

(a) supply to the scrutineer as soon as is reasonably practicable after the relevant date a copy of the register of names and addresses of its members as at that date, and

(b) comply with any request made by the scrutineer to inspect the register.

(5B) Where the register is kept by means of a computer the duty imposed on the trade union by subsection (5A)(a) is either to supply a legible printed copy or (if the scrutineer prefers) to supply a copy of the computer data and allow the scrutineer use of the computer to read it at any time during the period when he is required to retain custody of the copy.’, and

(e) after subsection (7) there shall be inserted—

(8) In this section ‘the relevant date’ means—

(a) where the trade union has rules determining who is entitled to vote in the election by reference to membership on a particular date, that date, and

(b) otherwise, the date, or the last date, on which voting papers are distributed for the purposes of the election.’.

(2) In section 52 of the 1992 Act (scrutineer's report on election), after subsection (2) there shall be inserted—

(2A) The report shall also state—

(a) whether the scrutineer—

(i) has inspected the register of names and addresses of the members of the trade union, or

(ii) has examined the copy of the register as at the relevant date which is supplied to him in accordance with section 49(5A)(a),

(b) if he has, whether in the case of each inspection or examination he was acting on a request by a member of the trade union or candidate or at his own instance,

(c) whether he declined to act on any such request, and

(d) whether any inspection of the register, or any examination of the copy of the register, has revealed any matter which he considers should be drawn to the attention of the trade union in order to assist it in securing that the register is accurate and up-to-date,

but shall not state the name of any member or candidate who has requested such an inspection or examination.’.

S-2 Counting of election votes etc. by independent person.

2 Counting of election votes etc. by independent person.

(1) After section 51 of the 1992 Act there shall be inserted—

S-51A

51A ‘Counting of votes etc. by independent person.

(1) The trade union shall ensure that—

(a) the storage and distribution of the voting papers for the purposes of the election, and

(b) the counting of the votes cast in the election,

are undertaken by one or more independent persons appointed by the union.

(2) A person is an independent person in relation to an election if—

(a) he is the scrutineer, or

(b) he is a person other than the scrutineer and the trade union has no grounds for believing either that he will carry out any functions conferred on him in relation to the election otherwise than competently or that his independence in relation to the union, or in relation to the election, might reasonably be called into question.

(3) An appointment under this section shall require the person appointed to carry out his functions so as to minimise the risk of any contravention of requirements imposed by or under any enactment or the occurrence of any unfairness or malpractice.

(4) The duty of confidentiality as respects the register is incorporated in an appointment under this section.

(5) Where the person appointed to undertake the counting of votes is not the scrutineer, his appointment shall require him to send the voting papers back to the scrutineer as soon as reasonably practicable after the counting has been completed.

(6) The trade union—

(a) shall ensure that nothing in the terms of an appointment under this section is such as to make it reasonable for any person to call into question the independence of the person appointed in relation to the union,

(b) shall ensure that a person appointed under this section duly carries out his functions and that there is no interference with his carrying out of those functions which would make it reasonable for any person to call into question the independence of the person appointed in relation to the union, and

(c) shall comply with all reasonable requests made by a person appointed under this section for the purposes of, or in connection with, the carrying out of his functions.’.

(2) In section 52 of the 1992 Act (scrutineer's report on election)—

(a) in subsection (1), after paragraph (d) there shall be inserted ‘, and

(e) the name of the person (or of each of the persons) appointed under section 51A or, if no person was so appointed, that fact.’,

(b) in subsection (2)(b), after the word ‘made’ there shall be inserted ‘(whether by him or any other person)’, and

(c) after subsection (2A) (which is inserted by section 1 above) there shall be inserted—

(2B) Where one or more persons other than the scrutineer are appointed under section 51A, the statement included in the scrutineer's report in accordance with subsection (2)(b) shall also indicate—

(a) whether he is satisfied with the performance of the person, or each of the persons, so appointed, and

(b) if he is not satisfied with the performance of the person, or any of them, particulars of his reasons for not being so satisfied.’.

S-3 Political fund ballots.

3 Political fund ballots.

3. Schedule 1 to this Act (which makes in relation to political fund ballots provision corresponding to that made in relation to elections by sections 1 and 2 above) shall have effect.

S-4 Ballots for union amalgamations and transfers of engagements.

4 Ballots for union amalgamations and transfers of engagements.

4. For section 100 of the 1992 Act (requirement of resolution to approve instrument of amalgamation or transfer) there shall be substituted—

S-100 ‘Requirement of ballot on resolution.

100 ‘Requirement of ballot on resolution.

(1) A resolution approving the instrument of amalgamation or transfer must be passed on a ballot of the members of the trade union held in accordance with sections 100A to 100E.

(2) A simple majority of those voting is sufficient to pass such a resolution unless the rules of the trade union expressly require it to be approved by a greater majority or by a specified proportion of the members of the union.

S-100A

100A Appointment of independent scrutineer.

(1) The trade union shall, before the ballot is held, appoint a qualified independent person (‘the scrutineer’) to carry out—

(a) the functions in relation to the ballot which are required under this section to be contained in his appointment; and

(b) such additional functions in relation to the ballot as may be specified in his appointment.

(2) A person is a qualified independent person in relation to a ballot if—

(a) he satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of...

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