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The Industrial Relations (Northern Ireland) Order 1992

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Remedy with respect to ballots

61.—(1) A person who claims—

(a)that any ballot for the purposes of this Part has been held otherwise than in accordance with rules approved for the purpose by the Certification Officer under Article 59; or

(b)that there has been a failure, in relation to any proposed ballot for those purposes, to comply with any rules approved under that Article in relation to that proposed ballot,

may apply to the Certification Officer or to the High Court for a declaration that the ballot has been so held or that there has been such a failure.

(2) A person shall not make an application under paragraph (1) unless he is a member of the trade union in question at the time of the application and, in the case of an application by virtue of sub-paragraph (a) of that paragraph, was such a member at the time when the ballot was held.

(3) An application under paragraph (1) in respect of any ballot shall not be made at any time after the end of the period of one year beginning with the day on which the result of the ballot is announced by the trade union in question.

(4) The provisions of paragraphs (3) to (13) of Article 52 and the provisions of Article 53 shall apply in relation to an application under paragraph (1) as they apply in relation to an application under the said Article 52, but with the necessary modifications, that is to say, as if—

(a)for any reference to an election there were substituted a reference to a ballot for the purposes of this Part;

(b)for the reference in paragraph (8) of the said Article 52 to Part VII there were substituted a reference to rules approved under Article 59; and

(c)for the reference in paragraph (11) of the said Article 52 to the remedy for a failure to comply with one or more of the provisions of Part VII there were substituted a reference to the remedy—

(i)for the holding of a ballot for the purposes of this Part otherwise than in accordance with rules approved under the said Article 59; or

(ii)for a failure, in relation to any proposed ballot for those purposes, to comply with rules so approved.

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