The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993 (Amendment) Order 2002

Statutory Instruments

2002 No. 2267

TRADE UNIONS

The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993 (Amendment) Order 2002

Made

3rd September 2002

Laid before Parliament

5th September 2002

Coming into force

1st October 2002

The Secretary of State, in exercise of the powers conferred on her by sections 49(2), 75(2), 100A(2) and 226B(2) of the Trade Union and Labour Relations (Consolidation) Act 1992(1) hereby 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) Order 1993 (Amendment) Order 2002 and shall come into force on 1st October 2002.

(2) In this Order, “the Principal Order” means the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993(2).

Amendments to the Principal Order

2.  For Article 7 of the Principal Order substitute—

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

• Electoral Reform (Ballot Services) Limited;

• Election.com Limited;

• Popularis Limited; and

• Involvement and Participation Association.”

Patricia Hewitt,

Secretary of State for Trade and Industry

3rd September 2002

Explanatory Note

(This note is not part of the Order)

Sections 49, 75, 100A and 226B of the Trade Union and Labour Relations (Consolidation) Act 1992 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.

The ballots and elections in question are those relating to the election of members of the executive committee and certain officers, the maintenance of a political fund, mergers with another union and the taking of industrial action.

The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993 specifies conditions which must be satisfied in order for an individual or partnership to qualify for appointment as a scrutineer. It also specifies certain bodies by name as being qualified.

This Order amends the 1993 order by replacing the list of bodies specified by name as being qualified for appointment.

(1)

1992 c. 52. Sections 49 and 75 were amended by the Trade Union Reform and Employment Rights Act 1993 (c. 19) (the 1993 Act), section 1 and Schedule 1, paragraph 2, respectively; sections 100A and 226B were inserted by the 1993 Act, sections 4 and 20(1) respectively.

(2)

S.I. 1993/1909.