Part IV Supplementary

20 Amendment of ss. 1 and 2 of the Employment Act 1980.

1

Section 1 of the M1Employment Act 1980 (payments in respect of secret ballots) shall have effect as amended by subsections (2) to (4) below.

2

In subsection (3) (ballots to which the section applies)—

a

in paragraph (b) (election provided for by the union’s rules) at the end there shall be inserted the words “ or in relation to which section 2 of the Trade Union Act 1984 is required to be satisfied ”; and

b

after paragraph (e) there shall be inserted—

f

obtaining a decision on a resolution for the purposes of section 3 of the Trade Union Act 1913

3

After subsection (3) there shall be inserted the following subsection—

3A

Notwithstanding anything in subsections (2) and (3) above, this section does not apply to any ballot held by a trade union, if—

a

the purpose of any question to be voted upon is the obtaining of a decision of the kind mentioned in paragraph (f) of subsection (3); and

b

the ballot is held at a time when there is no resolution in force in respect of that union under section 3 of the Act 1913.

4

In subsection (5) (ballots to be conducted so as to secure that those voting may do so in secret) the word “may”, where it last occurs, shall be omitted.

5

In section 2(2)(b) of the Act of 1980 (ballots to which section 2 applies to be conducted so as to secure that those voting may do so in secret), the word “may” shall be omitted.

21 Expenses.

There shall be defrayed out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under section 1 of the M2Employment Act 1980 (payments in respect of secret ballots).

22 Short title, commencement and extent.

1

This Act may be cited as the Trade Union Act 1984.

2

Section 4 shall come into force on the day on which this Act is passed.

C13

Save as aforesaid, Part I shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

4

Part II shall come into force on the expiry of the period of two months beginning with the day on which this Act is passed.

5

Part III shall come into force on 31st March 1985.

6

Parts I and II and sections 18 and 20 of this Act do not extend to Northern Ireland and Part III does not apply in relation to any trade union which has its head or main office in Northern Ireland F2or in relation to any unincorporated employers’ association which has its head or main office in Northern Ireland.