Introduction

1Meaning of “the 1992 Act”

In this Act “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992.

Ballot thresholds for industrial action

2Ballots: 50% turnout requirement

(1)

In section 226 of the 1992 Act (requirement of ballot before action by trade union), in subsection (2)(a), after sub-paragraph (ii) insert—

“(iia)

in which at least 50% of those who were entitled to vote in the ballot did so, and”.

(2)

Subsection (1) does not apply to any ballot opened before the day on which this section comes into force.

For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.

F13Ballots: 40% support requirement in important public services

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Electronic balloting

F24Provision for electronic balloting: review and piloting scheme

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Information requirements relating to industrial action

F35Information to be included on voting paper

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6Information to members etc about result of ballot

(1)

In section 231 of the 1992 Act (information as to result of ballot), for the words after “all persons entitled to vote in the ballot” substitute“are told—

(a)

the number of individuals who were entitled to vote in the ballot,

(b)

the number of votes cast in the ballot,

(c)

the number of individuals answering “Yes” to the question, or as the case may be, to each question,

(d)

the number of individuals answering “No” to the question, or as the case may be, to each question,

(e)

the number of spoiled or otherwise invalid voting papers returned,

(f)

whether or not the number of votes cast in the ballot is at least 50% of the number of individuals who were entitled to vote in the ballot, and

(g)

where section 226(2B) applies, whether or not the number of individuals answering “Yes” to the question (or each question) is at least 40% of the number of individuals who were entitled to vote in the ballot.”

(2)

Subsection (1) does not apply to any ballot opened before the day on which this section comes into force.

For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.

F47Information to Certification Officer about industrial action etc

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Timing and duration of industrial action

F58Two weeks' notice to be given to employers of industrial action

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9Expiry of mandate for industrial action

(1)

In section 234 of the 1992 Act (period after which ballot ceases to be effective), for subsection (1) substitute—

“(1)

Industrial action that is regarded as having the support of a ballot shall cease to be so regarded at the end of the period, beginning with the date of the ballot—

(a)

of six months, or

(b)

of such longer duration not exceeding nine months as is agreed between the union and the members' employer.

(1A)

Subsection (1) has effect—

(a)

without prejudice to the possibility of the industrial action getting the support of a fresh ballot; and

(b)

subject to the following provisions.”

(2)

Subsection (1) and paragraphs 13 and 14 of Schedule 4 do not apply to any industrial action the ballot for which opened before the day on which this section comes into force.

For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.

Picketing

F610Union supervision of picketing

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Application of funds for political objects

11Opting in by union members to contribute to political funds

F7(1)

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F8(2)

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(3)

For section 85 of the 1992 Act substitute—

“85Manner of giving effect to section 84

(1)

A union that has a political fund must either—

(a)

make a separate levy of contributions to that fund from the members who are contributors, or

(b)

relieve members who are not contributors from the payment of the appropriate portion of any periodical contribution required from members towards the expenses of the union.

(2)

In the latter case, the rules shall provide—

(a)

that relief shall be given as far as possible to all members who are not contributors on the occasion of the same periodical payment, and

(b)

for enabling each member of the union to know what portion (if any) of any periodical contribution payable by the member is a contribution to the political fund.”

(4)

In section 82 of the 1992 Act (rules as to political fund), in subsection (1), for the word “and” at the end of paragraph (c) substitute—

“(ca)

that, if the union has a political fund, any form (including an electronic form) that a person has to complete in order to become a member of the union shall include—

(i)

a statement to the effect that the person may opt to be a contributor to the fund, and

(ii)

a statement setting out the effect of paragraph (c); and”.

F9(5)

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F9(6)

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F9(7)

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F9(8)

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F1012Union's annual return to include details of political expenditure

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Facility time and check-off

F1113Publication requirements

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F1214Reserve powers

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F1315Restriction on deduction of union subscriptions from wages in public sector

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Certification Officer

16Certification Officer not subject to ministerial direction

In section 254 of the 1992 Act (the Certification Officer), at the end of subsection (2) insert “ (but is not subject to directions of any kind from any Minister of the Crown as to the manner in which he is to exercise his functions) ”.

17Investigatory powers etc

F14(1)

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F15(2)

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(3)

Schedule 2, which makes amendments to the 1992 Act F16in relation to the powers of the Certification Officer, has effect.

F1718Enforcement by Certification Officer of new annual return requirements

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19Further powers of Certification Officer where enforcement order made

F18(1)

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F18(2)

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F18(3)

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(4)

The provisions of the 1992 Act set out below (which provide for certain orders made by the Certification Officer to be enforceable in the same way as orders of the court) are amended as shown.

Provision

Amendment

In section 24B (enforcement of sections 24 to 24ZC by Certification Officer), subsection (12)

after “enforced” insert “ by the Officer ”

In section 25 (remedy for failure: application to Certification Officer), subsection (10)

after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5B)) ”

In section 31 (remedy for failure to comply with request for access), subsection (5)

after “enforced” insert “ (by the Certification Officer or the applicant) ”

In section 45C (remedies and enforcement), subsection (9)

after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (6)) ”

In section 55 (application to Certif-ication Officer), subsection (9)

after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5C)) ”

In section 72A (application of funds in breach of section 71), subsection (9)

after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (8)) ”

In section 80 (application to Certif-ication Officer), subsection (9)

after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5C)) ”

In section 82 (rules as to political fund), subsection (4B)

after “enforced” insert “ (by the Certification Officer, the complainant or a person mentioned in subsection (4A)) ”

In section 108B (declarations and orders), subsection (8)

after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (7)) ”

20Power to impose levy

(1)

After section 257 of the 1992 Act insert—

“257ALevy payable to Certification Officer

(1)

The Secretary of State may by regulations make provision for the Certification Officer to require trade unions and employers' associations (“relevant organisations”) to pay a levy to the Officer.

(2)

The regulations must require the Certification Officer, in determining the amounts to be levied, to aim to ensure that the total amount levied over any period of three years does not exceed the total amount of the Officers's expenses over that period that are referable to specified functions of the Officer.

(3)

The regulations may make provision for determining what things count as expenses of the Certification Officer for the purposes of provision made by virtue of subsection (2), and may in particular provide for the expenses to be treated as including—

(a)

expenses incurred by ACAS in providing staff, accommodation, equipment and other facilities under section 254(5), or

(b)

expenses in respect of which payments are made under section 255(1) or (2).

(4)

The regulations may provide for the Certification Officer to determine the amount of levy payable by a relevant organisation by reference to specified criteria, which may include—

(a)

the number of members or the amount of income that the organisation has;

(b)

whether the organisation is—

(i)

a federated trade union,

(ii)

a trade union that is not a federated trade union,

(iii)

a federated employers' association, or

(iv)

an employers' association that is not a federated employers' association;

(c)

the different proportions of the Officer's expenses that are referable to—

(i)

functions in relation to federated trade unions,

(ii)

functions in relation to trade unions that are not federated trade unions,

(iii)

functions in relation to federated employers' associations, and

(iv)

functions in relation to employers' associations that are not federated employers' associations.

(5)

The regulations may provide—

(a)

for the levy not to be payable, or for a reduced amount to be payable, in specified cases or in cases determined by the Certification Officer in accordance with the regulations;

(b)

for the intervals at which the levy is to be paid;

(c)

for interest to be payable where a payment is not made by the required date;

(d)

for an amount levied to be recoverable by the Certification Officer as a debt.

(6)

The regulations may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.

(7)

In this section—

  • “federated employers' association” has the same meaning as in section 135;

  • “federated trade union” has the same meaning as in section 118;

  • “specified” means specified in the regulations.

(8)

Before making regulations under this section the Secretary of State must consult relevant organisations and ACAS.

(9)

No regulations under this section shall be made unless a draft of them has been laid before Parliament and approved by a resolution of each House of Parliament.

(10)

The Certification Officer shall pay into the Consolidated Fund amounts received by virtue of this section.”

(2)

In section 258 of that Act (annual reports and accounts), after subsection (1) insert—

“(1A)

A report under this section shall include details of—

(a)

amounts levied by the Certification Officer by virtue of section 257A in the year in question, and

(b)

how the amounts were determined.”

21Rights of appeal not limited to questions of law

In each of the following provisions of the 1992 Act, for “on any question of law arising” substitute “ on any question arising ”

(a)

section 45D (appeal from Certification Officer on question arising in proceedings etc under section 24B, 24C, 25, 31, 32ZC or 45C);

(b)

section 56A (appeal from Certification Officer on question arising in proceedings etc under section 55);

(c)

section 95 (appeal from Certification Officer on question arising in proceedings etc under Chapter 6 of Part 1);

(d)

section 104 (appeal from Certification Officer on question arising in proceedings etc under section 103);

(e)

section 108C (appeals from Certification Officer on question arising in proceedings etc under Chapter 7A of Part 1).

General

22Minor and consequential amendments

Schedule 4 (minor and consequential amendments) has effect.

23Financial provision

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

24Extent

An amendment or repeal made by this Act has the same extent as the enactment to which it relates.

25Commencement

(1)

This Act, apart from sections 23 to 26 (which come into force on the day on which this Act is passed), comes into force on whatever day or days the Secretary of State appoints by regulations made by statutory instrument.

(2)

Regulations under this section may include saving, transitional or transitory provision.

26Short title

This Act may be cited as the Trade Union Act 2016.