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Statutory Rules of Northern Ireland

2017 No. 224

Trade Unions

The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) (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 Articles 15(2), 49(2), 77(2) and 106(2) of 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 Trade Union Ballots and Elections (Independent Scrutineer Qualifications) (Amendment) Order (Northern Ireland) 2017 and shall come into operation on 17th December 2017.

(2) In this Order “the principal Order” means the Trade Unions Ballots and Elections (Independent Scrutineer Qualifications) Order (Northern Ireland) 2010(4).

Amendments to the principal Order

2.  For Article 7 of the principal Order substitute—

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

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)

Articles 15, 49, 77 and 106 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 require certain ballots and elections that trade unions are required to hold by statute to be supervised by a qualified independent person, known as a “scrutineer”, appointed by the trade union.

This Order amends the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order (Northern Ireland) 2010. It amends the list of bodies specified by name as being qualified for appointment as a scrutineer.

A body specified by name may be appointed as a scrutineer of a ballot or election provided that the trade union has no grounds for believing—

(a)that the person or body will carry out his functions less than competently; or

(b)that the independence of the person or body in relation to the union, or the ballot or election, is open to question.

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.))

(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