The Industrial Relations (Northern Ireland) Order 1992

Requirements as to independent scrutiny

50.—(1) The trade union in question—

(a) must, before the election is held, appoint a qualified independent person (“the scrutineer”) to carry out—

(i) the functions in relation to the election which are required under paragraph (3) to be contained in the scrutineer’s appointment; and

(ii) such additional functions in relation to that election as may be specified in his appointment;

(b) must ensure that nothing in the terms of the scrutineer’s appointment, or in any additional functions specified in that appointment, is such as to make it reasonable for any person to call the scrutineer’s independence in relation to the union into question;

(c) must ensure that the scrutineer 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 the scrutineer’s independence in relation to the union into question; and

(d) must comply with all reasonable requests made by the scrutineer for the purposes of, or in connection with, the carrying out of his functions.

(2) For the purposes of this Article a person is a qualified independent person in relation to an election if—

(a) he satisfies such conditions as may be specified for the purposes of this sub-paragraph in an order made by the Department or is himself so specified; and

(b) the trade union in question 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 for the purposes of this Article shall require the scrutineer—

(a) to be the person who supervises the production and distribution, for the purposes of the election, of all the voting papers and the person to whom those voting papers are returned by those voting;

(b) to take such steps as appear to him to be appropriate for the purpose of enabling him to make the report mentioned in paragraph (4);

(c) as soon as reasonably practicable after the last date for the return of voting papers, to make that report to the trade union in question; and

(d) to retain custody of all voting papers returned for the purposes of the election—

(i) until the end of the period of one year beginning with the announcement by the union of the result of the election; and

(ii) where within that year any application is made under Article 52 with respect to that election, for the period after the end of that year until the Certification Officer or the High Court authorises the disposal of the papers.

(4) The report referred to in paragraph (3) is a report with respect to the election stating—

(a) the number of voting papers distributed for the purposes of the election;

(b) the number of voting papers returned to the scrutineer;

(c) the number of valid votes cast in the election for each candidate;

(d) the number of spoiled or otherwise invalid voting papers returned;

(e) whether the scrutineer is satisfied as to each of the matters specified in paragraph (5); and

(f) if he is not satisfied as to any of those matters, the particulars of his reasons for not being satisfied as to that matter.

(5) The matters mentioned in paragraph (4)(e) are—

(a) that there are no reasonable grounds for believing that there was any contravention of a requirement imposed by or under any statutory provision in relation to the election;

(b) that the arrangements made with respect to the production, storage, distribution, return or other handling of the voting papers used in the election, and the arrangements for the counting of the votes, included all such security arrangements as were reasonably practicable for the purpose of minimising the risk that any unfairness or malpractice might occur; and

(c) that the scrutineer has been able to carry out his functions without any such interference as is mentioned in paragraph (1)(c).

(6) The trade union in question must not publish the result of the election until it has received such a report as is mentioned in paragraph (4) from the scrutineer; and the union must—

(a) within the period of three months after it receives the report—

(i) send a copy of the report to every member of the union to whom it is reasonably practicable to send such a copy; or

(ii) take all such other steps for notifying the contents of the report to the members of the union (whether by publishing the report or otherwise) as it is the practice of the union to take when matters of general interest to all its members need to be brought to their attention;

(b) ensure that any copy sent or notification given for the purposes of sub-paragraph (a) is accompanied by a statement that the union will, on request, supply any member of the union with a copy of the report, either free of charge or on payment of such reasonable fee as may be specified in the notification; and

(c) so supply any member of the union who makes a request to the union to be supplied and pays such fee (if any) as has been notified to him.