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The Industrial Relations (Northern Ireland) Order 1992

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Approval of rules

59.—(1) A ballot for the purposes of this Part shall be held in accordance with rules of the union to be approved for the purpose by the Certification Officer, but the Certification Officer shall not approve any such rules unless he is satisfied that the requirements of Article 60 would be satisfied in relation to a ballot held by the union in accordance with those rules.

(2) Where it is proposed to hold a ballot, paragraph (1) has effect so as to require the rules of the trade union to be approved in relation to the proposed ballot notwithstanding that approval has been given under that paragraph in relation to a ballot previously held by that union.

(3) Where a resolution is in force with respect to a trade union—

(a)rules made by the union for the purpose of complying with paragraph (1) in relation to a proposed ballot may provide for overseas members of the union not to be accorded entitlement to vote in the ballot;

(b)if rules have been made by virtue of sub-paragraph (a), the Certification Officer shall not withhold his approval under paragraph (1) on the ground that the rule in question makes such provision in relation to overseas members of the union as is mentioned in that sub-paragraph.

(4) If the Certification Officer is satisfied, and certifies, that rules for the purpose of a ballot under this Part or rules made for other purposes of this Part which require approval by him have been approved by a majority of members of a trade union voting for the purpose, or by a majority of delegates of such a trade union voting at a meeting called for the purpose, those rules shall have effect as rules of the union, notwithstanding that the provisions of the rules of the union as to the alteration of rules or the making of new rules have not been complied with.

(5) An appeal shall lie, in accordance with Article 70(4), to the Court of Appeal on any question of law arising in any proceedings before, or arising from any decision of, the Certification Officer under this Article.

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