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Explanatory Memorandum to Employment Relations (Northern Ireland) Order 2004

Part Vi: Miscellaneous

Enforcement officers for the agricultural wages legislation

Article 25 As well as continuing to allow for the appointment of officials from the Department of Agriculture and Rural Development, this article permits officials from other government departments, bodies or ministries to act as agricultural wages officers. It also provides that agricultural wages officers must be able to produce a formal document showing that they have the authority to act as officers.

Additional case in which election for president of union not required

Article 26The effect of this Article is that a union will be allowed to elect or appoint a person as president (provided it is in accordance with their rule-book to do so), so long as the person already holds the position of General Secretary or is a member of the executive and has been properly elected to that position by a postal vote of all the union’s members in accordance with the 1995 Order. It therefore removes the need for a second election.

Body corporate acting as auditor of trade union or employees association

Article 27 removes the restriction preventing incorporated bodies from acting as auditors to trade unions.

Means of voting in ballots and elections

Article 28The general effect of the power contained in Article 28 is to allow the Department, by order subject to affirmative resolution, to widen the means of voting that are to be available in ballots and elections conducted under the provisions of the 1995 Order.  The order has to specify what means of voting are available in relation to any description of ballot or election.

Provision of money for trade union modernisation

Article 29 provides a legal basis for the Department to spend money to modernise trade unions.

Amendments and repeals

Article 30provides for amendments and repeals as outlined in Schedule 2 and Schedule 3.

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