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The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) (Amendment) Order 2010

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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 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.

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

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