- Latest available (Revised)
- Original (As enacted)
Trade Union Reform and Employment Rights Act 1993, Section 1 is up to date with all changes known to be in force on or before 26 September 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)In the M1Trade Union and Labour Relations (Consolidation) Act 1992 (referred to in this Act as “the 1992 Act”), in section 49 (appointment of independent scrutineer for election)—
(a)after paragraph (a) of subsection (3) (terms of appointment of scrutineer) there shall be inserted—
(i)inspect the register of names and addresses of the members of the trade union, or
(ii)examine the copy of the register as at the relevant date which is supplied to him in accordance with subsection (5A)(a),
whenever it appears to him appropriate to do so and, in particular, when the conditions specified in subsection (3A) are satisfied;”,
(b)in paragraph (d) (scrutineer to retain custody of voting papers) of that subsection, after the words purposes of the election there shall be inserted the words “ and the copy of the register supplied to him in accordance with subsection (5A)(a) ” and after the words of the papers there shall be inserted the words “ or copy ”,
(c)after that subsection there shall be inserted—
“(3A)The conditions referred to in subsection (3)(aa) are—
(a)that a request that the scrutineer inspect the register or examine the copy is made to him during the appropriate period by a member of the trade union or candidate who suspects that the register is not, or at the relevant date was not, accurate and up-to-date, and
(b)that the scrutineer does not consider that the suspicion of the member or candidate is ill-founded.
(3B)In subsection (3A) “the appropriate period” means the period—
(a)beginning with the first day on which a person may become a candidate in the election or, if later, the day on which the scrutineer is appointed, and
(b)ending with the day before the day on which the scrutineer makes his report to the trade union.
(3C)The duty of confidentiality as respects the register is incorporated in the scrutineer’s appointment.”,
(d)after subsection (5) there shall be inserted—
“(5A)The trade union shall—
(a)supply to the scrutineer as soon as is reasonably practicable after the relevant date a copy of the register of names and addresses of its members as at that date, and
(b)comply with any request made by the scrutineer to inspect the register.
(5B)Where the register is kept by means of a computer the duty imposed on the trade union by subsection (5A)(a) is either to supply a legible printed copy or (if the scrutineer prefers) to supply a copy of the computer data and allow the scrutineer use of the computer to read it at any time during the period when he is required to retain custody of the copy.”, and
(e)after subsection (7) there shall be inserted—
“(8)In this section “the relevant date” means—
(a)where the trade union has rules determining who is entitled to vote in the election by reference to membership on a particular date, that date, and
(b)otherwise, the date, or the last date, on which voting papers are distributed for the purposes of the election.”.
(2)In section 52 of the 1992 Act (scrutineer’s report on election), after subsection (2) 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 49(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 candidate 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 or candidate who has requested such an inspection or examination.”.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Modifications etc. (not altering text)
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: