4.—(1) This Article applies in relation to a ballot of the members of a trade union on—
(a)an election under Part III for a position to which that Part applies,
(b)a political resolution under Part V, and
(c)a resolution to approve an instrument of amalgamation or transfer under Part VI.
(2) Where this Article applies in relation to a ballot the trade union shall impose the duty of confidentiality in relation to the register of members' names and addresses on the scrutineer appointed by the union for the purposes of the ballot and on any person appointed by the union as the independent person for the purposes of the ballot.
(3) The duty of confidentiality in relation to the register of members' names and addresses is, when imposed on a scrutineer or on an independent person, a duty—
(a)not to disclose any name or address in the register except in permitted circumstances; and
(b)to take all reasonable steps to secure that there is no disclosure of any such name or address by any other person except in permitted circumstances;
and any reference in this Order to “the duty of confidentiality” is a reference to the duty prescribed in this paragraph.
(4) The circumstances in which disclosure of a member’s name and address is permitted are—
(a)where the member consents;
(b)where it is requested by the Certification Officer for the purposes of the discharge of any of his functions or it is required for the purposes of the discharge of any of the functions of an inspector appointed by him;
(c)where it is required for the purposes of the discharge of any of the functions of the scrutineer or independent person, as the case may be, under the terms of his appointment;
(d)where it is required for the purposes of the investigation of crime or of criminal proceedings.
(5) Any provision of this Order which incorporates the duty of confidentiality as respects the register into the appointment of a scrutineer or an independent person has the effect of imposing that duty on the scrutineer or independent person as a duty owed by him to the trade union.
(6) The remedy for failure to comply with the requirements of this Article is by way of application under Article 5 (to the Certification Officer) or Article 6 (to the High Court).
The making of an application to the Certification Officer does not prevent the applicant, or any other person, from making an application to the High Court in respect of the same matter.