2017 No. 877
Trade Unions

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

Made
Laid before Parliament
Coming into force
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 19921, makes the following Order:

Citation and commencement1.

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 19932.

For article 7 (persons specified by name) of the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 19932, substitute—

“7.

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

  • Electoral Reform Services Limited3;
  • Involvement and Participation Association4;
  • Popularis Limited5;
  • Print Image Network Limited (trading as UK Engage)6;
  • Democracy Technology Limited (trading as Mi-Voice)7;
  • Kanto Elect Limited8.”
Margot James
Parliamentary Under Secretary of State
Department for Business, Energy and Industrial Strategy
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.