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Commencement Orders bringing legislation that affects this Act into force:
4In section 78 of that Act (scrutineer’s report on ballot)—E+W+S+N.I.
(a)in subsection (1), after paragraph (d) there shall be inserted “and
(e)the name of the person (or of each of the persons) appointed under section 77A or, if no person was so appointed, that fact.”,
(b)in subsection (2)(b), after the word made there shall be inserted “ (whether by him or any other person) ”, and
(c)after that subsection there shall be inserted—
“(2A)The report shall also state—
(a)whether the scrutineer—
(i)has inspected the register of names and addresses of the members of the trade union, or
(ii)has examined the copy of the register as at the relevant date which is supplied to him in accordance with section 75(5A)(a),
(b)if he has, whether in the case of each inspection or examination he was acting on a request by a member of the trade union or at his own instance,
(c)whether he declined to act on any such request, and
(d)whether any inspection of the register, or any examination of the copy of the register, has revealed any matter which he considers should be drawn to the attention of the trade union in order to assist it in securing that the register is accurate and up-to-date,
but shall not state the name of any member who has requested such an inspection or examination.
(2B)Where one or more persons other than the scrutineer are appointed under section 77A, the statement included in the scrutineer’s report in accordance with subsection (2)(b) shall also indicate—
(a)whether he is satisfied with the performance of the person, or each of the persons, so appointed, and
(b)if he is not satisfied with the performance of the person, or any of them, particulars of his reasons for not being so satisfied.”.
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