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The Trade Union and Labour Relations (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Voting

79.—(1) The method of voting must be by the marking of a voting paper by the person voting.

(2) Each voting paper must—

(a)state the name of the independent scrutineer and clearly specify the address to which, and the date by which, it is to be returned, and

(b)be given one of a series of consecutive whole numbers every one of which is used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the ballot, and

(c)be marked with its number.

(3) Every person who is entitled to vote in the ballot must—

(a)be allowed to vote without interference or constraint, and

(b)so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.

(4) So far as is reasonably practicable, every person who is entitled to vote in the ballot must—

(a)have a voting paper sent to him by post at his home address or another address which he has requested the trade union in writing to treat as his postal address, and

(b)be given a convenient opportunity to vote by post;

but where, for the purpose of personal safety, a member of a trade union requests the union in writing to send a voting paper to him by some other means than by post then, in relation to that member, sub-paragraph (a) shall have effect with the substitution for the reference to post of a reference to that other means.

(5) No voting paper which is sent to a person for voting shall have enclosed with it any other document except—

(a)the notice which, under Article 75(1), is to accompany the voting paper,

(b)an addressed envelope, and

(c)a document containing instructions for the return of the voting paper,

without any other statement.

(6) The ballot shall be conducted so as to secure that—

(a)so far as is reasonably practicable, those voting do so in secret, and

(b)the votes given in the ballot are fairly and accurately counted.

For the purposes of sub-paragraph (b) an inaccuracy in counting shall be disregarded if it is accidental and on a scale which could not affect the result of the ballot.

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