The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) (Amendment) Order 2017

Statutory Instruments

2017 No. 877

Trade Unions

The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) (Amendment) Order 2017

Made

5th September 2017

Laid before Parliament

8th September 2017

Coming into force

1st October 2017

The Secretary of State, in exercise of the powers conferred on him by sections 49(2), 75(2), 100A(2) and 226B(2) of the Trade Union and Labour Relations (Consolidation) Act 1992(1), makes the following Order:

Citation and commencement

1.  This Order may be cited as the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) (Amendment) Order 2017 and comes into force on 1st October 2017.

Amendment to the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993

2.  For article 7 (persons specified by name) of the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993(2), substitute—

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

• Electoral Reform Services Limited(3);

• Involvement and Participation Association(4);

• Popularis Limited(5);

• Print Image Network Limited (trading as UK Engage)(6);

• Democracy Technology Limited (trading as Mi-Voice)(7);

• Kanto Elect Limited(8).”

Margot James

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

5th September 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993.

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 scrutineer. It also specifies certain bodies by name as being qualified.

This Order amends the 1993 Order by replacing the list at Article 7 of bodies specified by name as being qualified for appointment. That list was previously amended in October 2002 by the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993 (Amendment) Order 2002 and in April 2010 by the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) (Amendment) Order 2010.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1992 c.52. Sections 100A and 226B were inserted by the Trade Union Reform and Employment Rights Act 1993, sections 4 and 20(1) respectively.

(2)

S.I. 1993/1909, amended by S.I. 2002/2267 and S.I. 2010/436.

(3)

A company registered in England and Wales with number 02263092.

(4)

A company registered in England and Wales with number 00648436.

(5)

A company registered in England and Wales with number 04327718.

(6)

A company registered in England and Wales with number 04009079.

(7)

A company registered in England and Wales with number 06397657.

(8)

A company registered in England and Wales with number 10681122.