The Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order (Northern Ireland) 2017

Statutory Rules of Northern Ireland

2017 No. 223

Trade Unions

The Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order (Northern Ireland) 2017

Made

22nd November 2017

Coming into operation

17th December 2017

The Department for the Economy(1), 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(2), and now vested in it(3), makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order (Northern Ireland) 2017 and shall come into operation on 17th December 2017.

(2) In this Order “the principal Order” means the Recognition and Derecognition Ballots (Qualified Persons) Order (Northern Ireland) 2001(4).

Amendments to the principal Order

2.  For Article 4 of the principal Order substitute—

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

  • Electoral Reform Services Limited;

  • Involvement and Participation Association;

  • Popularis Limited;

  • Print Image Network Limited (trading as UK Engage);

  • Democracy Technology Limited (trading as Mi-Voice); and

  • Kanto Elect Limited.”

Revocation

3.  Article 2(2) of the Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order (Northern Ireland) 2010(5) is hereby revoked.

Sealed with the Official Seal of the Department for the Economy on 22nd November 2017.

Legal seal

Colin Jack

A senior officer of the

Department for the Economy

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.

The Recognition and Derecognition Ballots (Qualified Persons) Order (Northern Ireland) 2001 (the “2001 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.

This Order makes one amendment to the 2001 Order. The list at Article 4 of the 2001 Order of persons specified by name as being qualified for appointment has been replaced. That list was previously replaced in January 2005 by the Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order (Northern Ireland) 2004 which was revoked and replaced in April 2010 by the Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order (Northern Ireland) 2010, which is now partially revoked.

An impact assessment has not been produced for this statutory rule as no impact on the private or voluntary sectors is foreseen.

(1)

Formerly the Department for Employment and Learning; see section 1(10) of the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.))

(2)

S.I. 1995/1980 (N.I. 12); Schedule 1A was inserted by Article 3 of the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9))

(3)

Article 6(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76) transferred relevant functions of the Department for Employment and Learning to the Department for the Economy