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Recognition and Derecognition Ballots (Qualified Persons) Order (Northern Ireland) 2001

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Statutory Rules of Northern Ireland

2001 No. 38

EMPLOYMENT

Recognition and Derecognition Ballots (Qualified Persons) Order (Northern Ireland) 2001

Made

1st February 2001

Coming into operation

8th March 2001

The Department of Higher and Further Education, Training and Employment, in exercise of the powers conferred by paragraphs 25(7)(a) and 117(9)(a) of Schedule 1A to the Trade Union and Labour Relations (Northern Ireland) Order 1995(1), and now vested in it(2), and of every other power enabling it in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Recognition and Derecognition Ballots (Qualified Persons) Order (Northern Ireland) 2001 and shall come into operation on 8th March 2001.

(2) In this Order “the relevant provisions” means paragraph 25(7)(a) and 117(9)(a) of Schedule 1A to the Trade Union and Labour Relations (Northern Ireland) Order 1995.

Qualifications: Individuals

2.  In relation to an individual, the condition specified for the purposes of the relevant provisions is that he—

(a)has in force a practising certificate issued by one or more of the following bodies—

(i)the Law Society of Northern Ireland;

(ii)the Law Society of England and Wales; and

(iii)the Law Society of Scotland; or

(b)is eligible for appointment as a company auditor under Article 28 of the Companies (Northern Ireland) Order 1990(3).

Qualifications: Partnerships

3.  In relation to a partnership, the condition specified for the purposes of the relevant provisions is that every member of the partnership is an individual who satisfies the conditions specified in Article 2.

Persons specified by name

4.  The following persons are specified for the purposes of the relevant provisions—

  • The Association of Electoral Administrators

  • Election.Com Limited

  • Electoral Reform (Ballot Services) Limited

  • The Industrial Society

  • Involvement and Participation Association

  • Twenty-First Century Press Limited.

Sealed with the Official Seal of the Department of Higher and Further Education, Training and Employment on 1st February 2001.

L.S.

R. B. Gamble

A senior officer of the

Department of Higher and Further Education, Training and Employment

Explanatory Note

(This note is not part of the Order.)

Under Schedule 1A to the Trade Union and Labour Relations (Northern Ireland) Order 1995, where the Industrial Court arranges a ballot on the recognition or derecognition of a trade union for collective bargaining, it must appoint a “qualified independent person” to conduct the ballot. This Order specifies conditions which must be satisfied in order for an individual or partnership to be a qualified person. It also specifies certain persons by name as qualified persons.

The Order comes into operation on 8th March 2001.

(1)

S.I. 1995/1980 (N.I. 10). Schedule 1A to the Order was inserted by the Employment Relations (Northern Ireland) Order 1999, Article 3, and comes into operation on 8th March 2001

(2)

The Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481) transferred functions under the Employment Relations (Northern Ireland) Order 1999 to the Department of Higher and Further Education, Training and Employment

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