Valid from 01/04/2022
Compliance with political ballot rulesU.K.
5(1)Section 79 of the 1992 Act (remedy for failure to comply with ballot rules: general) is amended as follows.U.K.
(2)For subsection (1) substitute—
“(1)A person alleging that a trade union—
(a)has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or
(b)has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved,
may apply for a declaration under section 80 (by the Certification Officer) or section 81 (by the court); but the Certification Officer may also exercise the powers under section 80 where no application is made.”
(3)In subsection (2), for “those sections” substitute “ section 80 or 81 ”.
6(1)Section 80 of the 1992 Act (application to Certification Officer) is amended as follows.U.K.
(2)In the heading, for “Application to” substitute “ Powers of ”.
(3)For subsections (1) and (2) substitute—
“(1)Where the Certification Officer is satisfied, either on an application by a person having a sufficient interest (see section 79(2)) or without any such application having been made, that a trade union—
(a)has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or
(b)has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved,
the Officer may make a declaration to that effect.
(2)Before deciding the matter the Certification Officer—
(a)may make such enquiries as the Officer thinks fit,
(b)must give the union and the applicant (if any) an opportunity to make written representations, and
(c)may give the union and the applicant (if any) an opportunity to make oral representations.”
(4)In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”.
(5)In subsection (7) omit “of the application”.