Intervention by the Set My People Free during the Working Session 11
Subject to the following provisions of this Part of this Act, it shall be the duty of every trade union (notwithstanding anything in its rules) to secure—
that every person who is a . . . member of the principal executive committee of the union holds that position by virtue of having been elected as such a member at an election in relation to which section 2 of this Act and, in the case of an election held after the coming into force of any provision of section 13 or 15 of the Employment Act 1988, the requirements imposed by virtue of that provision have been satisfied; and
that no person remains such a member for a period of more than five years without being re-elected at such an election.
Where a person is a . . . member of the principal executive committee of a trade union by virtue of holdng some other position in that union, subsection (1) above shall apply as if references to a . . . member of that committee were references to the holder of that other position.
Where a person— nothing in this section shall be taken to require the union to prevent him from continuing to be such a member, or continuing to hold that position, at any time before the expiry of such period (not exceeding six months) as may reasonably be required for effect to be given to the result of the election.
was a . . . member of the principal executive committee of a trade union immediately before an election; and
is not elected at that election as such a member or, as the case may be, as the holder of a position in the union by virtue of which the holder is such a member;
Any term or condition upon which a person is employed by a trade union shall be disregarded in so far as it would otherwise prevent the union from complying with any provision of this Part.
In this section “principal executive committee”, in relation to a trade union, means the principal committee of the trade union exercising executive functions, by whatever name it is known.
Nothing in this Part shall affect the validity of anything done by the principal executive committee of a trade union.
For the purposes of this section a person is a member of the principal executive committee of a trade union if he is a voting member of that union’s principal executive committee or, except in the case of a special register body and subject to subsection (6C) below, if—
that person is, under the rules of the union, a member, other than a voting member, of that committee (whether by virtue of his holding any position in the union or otherwise); or
that person may, under the rules or practice of the union, attend and speak at some or all of the meetings of that committee otherwise than for the purpose of providing the committee with factual information or with technical or professional advice with respect to matters taken into account by the committee in carrying out its functions.
For the purposes of this section a person is a voting member of the principal executive committee of a trade union if he is entitled in his own right to attend meetings of the committee and to vote on matters on which votes are taken by the committee (whether or not he is entitled to attend all such meetings or to vote on all such matters or in all circumstances).
Notwithstanding anything in the rules or practice of any trade union, the persons who hold the following positions in a trade union which is not a special register body shall (if the rules of the union do not otherwise provide for them to be members of the union’s principal executive committee) be deemed for the purposes of this section to be members of that committee by virtue of subsection (6A)(b) above, that is to say—
the position of president of the union or, in the case of a union with no such position, any equivalent position; and
the position of general secretary of the union, or in the case of a union with no such position, the position in the union which is the equivalent, or nearest equivalent, to that of general secretary.
For the purposes of this section where any person who holds in any trade union any such position as is mentioned in paragraph (a) or (b) of subsection (6B) above— that position shall not be regarded for the purposes of this section as a position by virtue of holding which that person is a member of that committee or is deemed under that subsection to be such a member.
is, in respect of that position, neither a voting member of the principal executive committee of the union nor an employee of the union;
holds that position for a period which under the rules of the union cannot end more than thirteen months after he took up that position; and
has held neither that position nor any other position so mentioned at any time in the period of twelve months ending with the day before he took up that position,
Entitlement to vote at the elction must be accorded equally to all members of the trade union in question other than those who belong to a class—
which is, or which falls within, one or other of the classes mentioned in subsection (2) below; and
all the members of which are excluded by the rules of the union from voting at the election.
The classes are—
members who are not in employment;
members who are in arrears in respect of any subscription or contribution due to the union;
members who are apprentices, trainees or students or new members of the union.
Where the conditions mentioned in subsection (4) below are satisfied, nothing in subsection (1) above shall be taken to prevent a trade union from restricting entitlement to vote at an election to members of the union who fall within—
a class determined by reference to any trade union or occupation;
a class determined by reference to any geographical area;
a class which is by virtue of the rules of the union treated as a separate section within the union; or
a class determined by reference to any combination of the matters mentioned in paragraphs (a), (b) and (c) above.
The conditions are that—
entitlement to vote is restricted by the rules of the union;
no member of the union is denied entitlement to vote at all elections held for the purposes of this Part otherwise than by virtue of belonging to a class mentioned in subsection (1) above.
The method of voting must be by the marking of a voting paper by the person voting ; and each voting paper—
must state the name of the independent scrutineer and clearly specify the address to which, and the date by which, the voting paper is to be returned;
must be given one of a series of consecutive whole numbers every one of which is used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the election; and
must be marked with its number.
Every person who is entitled to vote at the election must—
be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees; and
so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.
So far as is reasonably practicable, every person who is entitled to vote at the election must—
have sent to him, at his proper address and by post, a voting paper which either lists the candidates at the election or is accompanied by a separate list of those candidates; and
be given a convenient opportunity to vote by post.
The ballot shall be conducted so as to secure that—
so far as is reasonably practicable, those voting do so in secret;
the result of the election is determined solely by counting the number of votes cast directly for each candidate at the election by those voting (nothing in this paragraph being taken to prevent the system of voting used for the election being the single transferable vote); and
the votes given at the election are fairly and accurately counted (any inaccuracy in counting being disregarded for the purposes of this paragraph if it is accidental and on a scale which could not affect the result of the election).
No member of the trade union in question shall be unreasonably excluded from standing as a candidate at the election.
No candidate at the election shall be required, whether directly or indirectly, to be a member of a political party.
A member of a trade union shall not be taken to have been unreasonably excluded from standing as a candidate at the election if he has been excluded on the ground that he belongs to a class all the members of which are excluded by the rules of the union.
For the purposes of subsection (11) above, any rule which provides for a class to be determined by referece to those members which the union chooses to exclude from so standing shall be disregarded.
A trade union which has overseas members may choose whether or not to accord any of those members entitlement to vote at the election; and nothing in the preceding provisions of this section shall apply in relation to any overseas member or in relation to any vote cast by such a member except, in the case of subsections (5) to (8), where the union has chosen to accord that member entitlement to vote in the ballot.
Nothing in this section shall be taken to require a ballot to be held at an uncontested election.
Where a trade union proposes to hold an election and is satisfied that there are no reasonable grounds for believing that the requirements of section 2 of this Act would not be satisfied in relation to that election if subsection (7) of that section were to apply as modified by this section, it may proceed as if for paragraphs (a) and (b) of subsection (7) there were substituted—.
It shall be the duty of every trade union—
to compile, by the date appointed under section 22(3) of this Act, and thereafter maintain a register of the names and proper addresses of its members; and
to secure, so far as is reasonably practicable, that the entries in the register are accurate and are kept up-to-date.
The register may be kept by means of a computer.
It shall be the duty of every trade union—
Any duty falling upon a branch under this section by reason of its being a trade union shall be treated as having been discharged to the extent to which the union of which it is a branch has discharged that duty instead of the branch.
free of charge and at any reasonable time, to allow a member of the union who gives the union reasonable notice of his intention to do so to ascertain from the register whether there is an entry on the register relating to that member; and
if requested to do so by any member of the union, to supply that member, as soon as reasonably practicable after receiving the request and either free of charge or on payment of a reasonable fee, with a copy of any such entry.
Any person who claims that a trade union has failed to comply with one or more of the provisions of this Part or, in relation to any election which has been or is proposed to be held for the purposes of this Part, with one or more of the provisions of section 13 or 15 of the Employment Act 1988 may apply to the Certification Officer or to the court for a declaration to that effect if—
in a case where the application relates to an election which has been held, he was a member of the trade union at the date when the election was held and is such a member at the time when the application is made; and
in any other case, he is a member of the union at the time when the application is made.
An application relating to an electionm which has been held must be made before the expiry of the period of one year beginning with the date on which the result of the election is announced by the trade union.
On an application under this section the Certification Officer or, as the case may be, the court may make or refuse to make the declaration asked for.
A declaration made nder this section shall specify the provisions with which the trade union has failed to comply.
Where the court makes such a declaration it shall also make an enforcement order unless it considers that to do so would be inappropriate.
In this section “enforcement order” means an order which imposes on the trade union one or more of the requirements mentioned in subsection (7) below.
The requirements are—
to secure the holding of such an election as may be specified in the order;
to take such other steps to remedy the declared failure as may be so specified;
to abstain from such acts as may be so specified with a view to securing that a failure of the same, or any similar, kind as that of the declared failure does not arise on the part of the trade union.
In making an enforcement order which requires the union to hold a fresh election, in any case where the application relates to an election which has been held, the court shall (unless it considers that it would be inappropriate to do so in the particular circumstances of the case) require the fresh election to be conducted— in accordance with section 2 of this Act and such other provisions as may be made by the order and for the requirements of sections 13 and 15 of the Employment Act 1988 to be satisfied in relation to the election.
in accordance with such provisions as may be made by the order; and
with a postal ballot (that is to say, as if section 3 were omitted from this Part).
An enforcement order under this section which imposes requirements by virtue of paragraph (a) or (b) of subection (7) above shall be so expressed as to require the trade union to comply with those requirements before the expiry of such period as the court considers appropriate.
The remedy of any person for a failure of a trade union to comply with one or more of the provisions of this Part or, in relation to any election which has been or is proposed to be held for the purposes of this Part, with one or more of the provisions of section 13 or 15 of the Employment Act 1988 shall be by way of application under this section and not otherwise.
Where an enforcement order has been made, any person who satisfies the requirements of subsection (12) below shall be entitled to enforce obedience to the order as if he had made the application in pursuance of which the order was made.
The requirements are that—
he is a member of the union at the time when the proceedings to enforce obedience to the order are begun; and
he was such a member at the time when the order was made.
The requirements of subsection (1) or (12) above that a person making an application under this section in relation to an election or seeking to enforce obedience to an enforcement order in relation to an election must be or have been a member of the union at a particular time shall not apply where the person who makes the application or seeks to enforce obedience to the order is or was a candidate in the election.
The court having jurisdiction for the purposes of this section shall be the High Court or, in Scotland, the Court of Session.
Where the Certification Officer makes a declaration under section 5 of this Act and is satisfied that— the Certification Officer shall, in making the declaration, specify those steps.
steps have been taken by the union with a view to remedying the declared failure or securing that a failure of the same, or any similar, kind as that of the declared failure does not arise on the part of the union; or
the union has agreed to take such steps;
On an application to him under section 5, the Certification Officer (whether or not he makes a declaration) shall give reasons for his decision in writing; and any such reasons may be accompanied by written observations on any matter arising from, or connected with, the proceedings.
The making of an application to the Certification Officer under section 5 shall not be taken to prevent the applicant, or any other person, from making a subsequent application to the court under that section in respect of the same matter.
Where such a subsequent application is made, the court shall have due regard to any declaration, reasons or observations of the Certification Officer in the proceedings before him which are brought to the notice of the court in the proceedings before it.
On an application made to him under section 5, the Certification Officer shall—
make such enquiries as he thinks fit; and
where he considers it appropriate, give the applicant and the trade union an opportunity to be heard.
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In exercising his functions under this section the Certification Officer shall ensure, so far as is reasonably practicable, that every application made to him under section 5 is determined within six months.
Where the Certification Officer requests any person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and shall, unless he considers that in all the circumstances of the case it would be inappropriate to do so, proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.
This Part does not apply to any trade unions which—
falls within section 28(1)(b) of the 1974 Act (unions which consist wholly or mainly of, or of representatives of, constituent or affiliated organisations); and
has no members (other than such representatives) who are individuals.
Subsection (1)(b) above shall not apply where—
a trade union has members (“special members”) who are individuals but who are not such representatives as are mentioned in subsection (1)(a) above; and
the conditions mentioned in subsection (3) below are satisfied.
The conditions are that—
all of the special members are merchant seamen;
a majority of the special members are ordinarily resident outside the United Kingdom.
This Part does not apply to a trade union at any time when the conditions mentioned in subsection (5) below are satisfied in relation to it.
The conditions are that—
the trade union was formed after the commencement of this Part; and
not more than one year has elapsed since its formation.
In subsection (5) above “formed” includes formed by amalgamation under the 1964 Act.
Where a trade union is formed otherwise than by amalgamation under the 1964 Act, the date of its formation shall be taken, for the purposes only of this section, to be the date on which the first members of its principal executive committee are first appointed or, as the case may be, elected to that committee.
Where one trade union (the “transferring union”) has transferred its engagements to another trade union (the “receiving union”) then,during the period of one year beginning with the date of the transfer, this Part shall not apply in relation to any person who—
was a member of the principal executive committee of the transferring union immediately before the transfer; and
became a member of the principal executive committee of the receiving union in accordance with the instrument of transfer.
Section 1(1)(b) of this Act does not apply to any . . . member of the principal executive committee of a trade union at any time when the conditions mentioned in subsection (2) below are satisfied in relation to him.
The conditions are that—
he holds his position as such a member by virtue of having been elected (whether as such a member or as the holder of another position in the union) at an election in relation to which section 2 of this Act and the requirements of sections 13 and 15 of the Employment Act 1988 have been satisfied;
he is—
in the case of a person who has been elected as such a member, a full-time employee of the union by virtue of being such a member; or
in the case of a person who has been elected as the holder of another position in the union by virtue of which he is such a member, a full-time employee of the union by virtue of holding that other position;
he will reach retirement age within five years;
he is entitled under the rules of the union to continue as the holder of the position in question until retirement age without standing for re-election;
he has been a full-time employee of the union for a period (which need not be continuous) of at least ten years; and
the period between the day on which the election referred to in paragraph (a) above took place and the day immediately preceding that on which paragraph (c) above is first satisfied does not exceed five years.
For the purposes of this section “retirement age”, in relation to any person, means the earlier of—
the age fixed by, or in accordance with, the rules of the union for him to retire from the position in question; or
the age which is for the time being pensionable age for the purpose of the Social Security Act 1975.
Where the election referred to in paragraph (a) of subsection (2) above was held before the commencement of this Part, that paragraph shal apply as if it did not require section 2 of this Act to be satisfied in relation to that election ; and where that election was held before the coming into force of a provision of section 13 or 15 of the Employment Act 1988, that paragraph shall apply as if it did not require the requirements imposed by virtue of that provision to be satisfied in relation to that election.
Where any person holds any such position as is mentioned in paragraph (a) of subsection (2) above by virtue of an election held at any time before the coming into force of section 14(2) of the Employment Act 1988 (requirement of postal ballot), section 3 of this Act (non-postal ballots) shall be disregarded in determining for the purposes of that paragraph whether any election is an election in relation to which section 2 of this Act has been satisfied, unless the position to which that person was elected in that election was, at the time of the election, either—
a position as a voting member of the principal executive committee of a trade union; or
a position by virtue of election to which the person elected would become such a voting member.
In this Part—
“the commencement date” means the date on which this Part comes into force;
that all the members who are accorded entitlement to vote in the ballot have the same place of work;
that there is, in relation to each of the members of the union who is accorded entitlement to vote in the ballot, some factor (whether or not the same factor) which—
relates to the terms or conditions of that member’s employment or to the occupational description which isapplicable to that member in his employment;
is a factor which that member has in common with one or more of the other members of the union who are accorded that entitlement; and
in a case where there are individuals employed by the same employer as that member who are members of the union but are not accorded that entitlement, is neither a factor which that member has in common with any of those individuals nor a factor which individuals employed by that employer have in common as a consequence of having the same place of work;
" the commencement date " means the date on which this Part comes into force;
" principal executive committee " has the meaning given in section 1(5) of this Act;
" new resolution ", in relation to a trade union, means a resolution passed on a ballot held at a time when a resolution is in force in respect of that union ; and
“new resolution”, in relation to a trade union, means a resolution passed on a ballot held at the time when a resolution is in force in respect of that union; and
" the date of the ballot" means, in the case of a ballot in which votes may be cast on more than one day, the last of those days ;
“overseas member” has the same meaning as is given in section 9(1) of this Act;
that the condition specified in paragraph (b) above would be satisfied if any overseas members accorded entitlement to vote in the ballot were disregarded.
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For the purposes of this Part, the date on which a contested election is held is, in the case of a ballot in which votes may be casr on more than one day, the last of those days.
Where a voting member of the principal executive committee of a trade union was elected as such a member, or as the case may be as the holder of a relevant position, at an election held within the period of five years ending with the commencement of this Part—
section 1(1)(a) of this Act shal have effect, as if it did not require section 2 of this Act to be satisfied in relation to that election; and
the period of five years mentioned in section 1(1)(b) shall be calculated from the date of that election.
In subsection (3) above “relevant position” means a position in the union by virtue of which the holder is a voting member of the principal executive committee of the union.
An act done by a trade union to induce a person to take part, or continue to take part, in industrial action is not within section 13 of the 1974 Act (protection from certain liabilities in tort) unless the industrial action has the support of a ballot.
Nothing in section 13 of the 1974 Act shall prevent an act done by a trade union from being actionable in tort (whether or not against the trade union) on the ground that it induced a person to break a commercial contract or to interfere with its performance where—
one of the facts relied upon for the purpose of establishing liability is that the union induced another person to break his contract of employment or to interfere with its performance ; and
by virtue of subsection (1) above, nothing in section 13 of the 1974 Act would prevent the act of inducement referred to in paragraph (a) above from being actionable in tort.
For the purposes of subsection (1) above, industrial action shall be regarded as having the support of a ballot if, but only if—
the trade union has held a ballot in respect of the industrial action in question;
the majority of those voting in the ballot have answered “Yes” to the appropriate question;
the requirements of section 7 of the Employment Act 1990 are satisfied;
section 11 of this Act has been satisfied in relation to the ballot.
Where— then subsection (3) above shall be construed, in relation to the inducement . . . , as making provision which, in the case of paragraph (b) of that subsection, requires only that the majority voting in the ballot for that person’s place of work have answered “Yes” to the appropriate question and, in the case of paragraphs (c) and (d), does not impose any requirements in relation to any other ballot.
any person has been induced to take part, or continue to take part, in industrial action; and
separate ballots have been held by virtue of section 11(1A) of this Act in relation to the industrial action,
Subject to subsection (4A) below, in this section and section 11 of this Act references to the appropriate question are references to whichever of the questions set out in subsection (4) of section 11 of this Act is applicable to the . . . industrial action in question.
where the industrial action mentioned in subsection (3)(a) above is, or includes, a strike, the question referred to in subsection (4)(a) of section 11; and
in any other case, that referred to in subsection (4)(b) of that section.
Where both the questions mentioned in subsection (4) above are applicable in relation to any industrial action, an act . . . such as is mentioned in subsection (1) above shall be treated as an act for the purposes of which the requirement of paragraph (b) of subsection (3) above is satisfied if but only if that paragraph (or, as the case may be, that paragraph as it has effect by virtue of subsection (3A) above) is satisfied in relation to the question applicable to that part of the action to which the act relates.
In this Part— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“special register body” has the same meaning as it has in the 1974 Act by virtue of section 30;
“resolution” has the meaning given in section 12(1) of this Act.
“working hours”, in relation to an employee, means any time when, in accordance with his contract of employment, he is required to be at work; and
Entitlement to vote in the ballot must be accorded—
equally, to all those members of the trade union who it is reasonable at the time of the ballot for the union to believe will be induced to take part or, as the case may be, to continue to take part in the strike or other industrial action; and
to no others.
Subject to subjection (1B) below, where the members who it is reasonable at the time of the ballot for the union to believe will be induced as mentioned in subsection (1) above have different places of work—
a separate ballot in relation to which the requirements of this section are satisfied must be held for each place of work (instead of one ballot of all those members); and
subsection (1) above shall have effect so as to require entitlement to vote in the ballot held for each place of work to be accorded to such of those members as the union reasonably believes to be members having that place as their place of work, and to no other persons.
Where a person who was a member of a trade union at the time when the ballot was held for the purposes of this Part— this section shall be taken not to have been satisfied in relation to that ballot.
was denied entitlement to vote in the ballot; and
is induced by the union, to take part or, as the case may be, to continue to take part in the strike or other industrial action;
If you take part in a strike or other industrial action, you may be in breach of your contract of employment.
The voting paper must contain at least one of the following questions—
a question (however framed) which requires the person answering it to say, by answering “Yes” or “No”, whether he is prepared to take part or, as the case may be, to continue to take part in a strike;
a question (however framed) which requires the person answering it to say, by answering “Yes” or “No”, whether he is prepared to take part or, as the case may be, to continue to take part in action short of a strike.
Every person who is entitled to vote in the ballot must—
be allowed to vote, without interference from, or constraint imposed by, the union or any of its members, officials or employees; and
so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.
So far as is reasonably practicable, every person who is entitled to vote in the ballot must—
have made available to him— or be supplied with, a voting paper; and
immediately before, immediately after, or during his working hours; and
at his place of work or at a place which is more convenient for him;
to be given—
a convenient opportunity to vote by post (but no other opportunity to vote);
an opportunity to vote immediately before, immediately after, or during, his working hours and at his place of work or at a place which is more convenient for him (but no other opportunity); or
as alternatives, both of those opportunites (but no other opportunity).
The voting paper must specify who, in the event of a vote in favour of industrial action, is authorised for the purposes of section 7 of the Employment Act 1990 to call upon members to take part or continue to take part in the industrial action. The person or description of persons so specified need not be authorised under the rules of the union but must be within section 15(3) of the Employment Act 1982.
The ballot shall be conducted so as to secure that—
so far as is reasonably practicable, those voting do so in secret; and
the votes given in the ballot are fairly and accurately counted (any inaccuracy in counting being disregarded for the purposes of this paragraph if it is accidental and on a scale which could not affect the result of the ballot).
As soon as is reasonably practicable after the holding of the ballot, the trade union shall take such steps as are reasonably necessary to ensure that all persons entitled to vote in the ballot are informed of the number of—
votes cast in the ballot;
individuals answering “Yes” to the question, or as the case may be, to each question;
individuals answering “No” to the question or, as the case may be, to each question; and
spoiled voting papers.
A trade union which has overseas members may choose whether or not to accord any of those members entitlement to vote in a ballot; and nothing in subsections (1) to (7) above shall apply in relation to any overseas member or in relation to any vote cast by any such member.
Where overseas members have voted in the ballot, subsection (8) above shall be read as requiring the information in question to be provided to all those entitled to vote in the ballot other than overseas members and to distinguish between overseas members and other members.
In this section— and section 1(6) of the Employment Act 1988 shall apply for construing references in this section to a person being induced to take part or to continue to take part in any strike or other industrial action as it applies for the purposes of that section.
“the date of the ballot” means, in the case of a ballot in which votes may be cast on more than one day, the last of those days;
does not infringe the exclusive privilege conferred on the Post Office by section 66(1) of that Act only by virtue of an order made under section 69 of that Act;
“strike” means any concerted stoppage of work.
In this Part of this Act references to a “resolution” are to a resolution under section 3 of the 1913 Act (restriction on application of trade union funds for certain political purposes).
A resolution shall, if it has not previously beem rescinded, cease to have effect—
on the expiry of the period of ten years beginning with the date (whether before or after the commencement date) of the ballot on which it was passed; or
if a ballot is held before the expiry of that period and the result of the ballot is that a new resolution is not passed, on the expiry of the period of two weeks beginning with the date of the ballot.
For the purposes of this section, any resolution which— shall be deemed to have been passed nine years before that date.
is in force on the commencement date; and
was passed more than nine years before that date;
Where a trade union holds a ballot at a time when a resolution (the “old resolution”) is in force in respect of that union and the result of the ballot is that a new resolution is passed, the old resolution shall be treated as rescinded on the passing of the new resolution.
Where two or more trade unions have amalgamated under the 1964 Act and by virtue of section 5(4) of that Act the amalgamated union is treated as having passed a resolution immediately after the amalgamation, that resolution shall, for the purposes of this section, be treated as having been passed on the date of the earliest of the ballots on which the resolutions in force immediately before the amalgamation with respect to the amalgamating unions were passed.
In section 4(1) of the 1913 Act (ballots to be in accordance with rules approved by the Certification Officer) for the words from “every member” to the end there shall be substituted “ the requirements of subsections (1A) to (1F) below would be satisfied in relation to a ballot taken by the union in accordance with those rules. ”
After subsection (1) of section 4 of the 1913 Act there shall be inserted the following subsections—
Where it is proposed to hold a ballot, section 4(1) of the 1913 Act shall have effect so as to require the rules of the trade union to be approved in relation to the proposed ballot notwithstanding that approval has been given under that section in relation to a ballot previously held by that union.
If the Certification Officer is satisfied, and certifies, that rules made for the purposes of complying with the provisions of section 4(1) or section 5(1) of that Act (rules relating to giving to members of notice of right to be exempt from contributing to political fund) have been approved by the principal executive committee of a trade union, those rules shall have effect as rules of the trade union for the purposes of section 4(1) or, as the case may be, 5(1) as it applies in relation to the first review, notwithstanding that the provisions of the rules of the union as to the alteration of rules or the making of new rules have not been complied with.
Subsection (4) above applies only where a resolution was in force with respect to the union at the commencement date.
In subsection (4) above “first review” means a ballot which—
is held before the expiry of the period of one year beginning with the commencement date; and
is the first ballot held during that period.
Where a resolution is in force with respect to a trade union—
rules made by the union for the purpose of complying with section 4(1) of the 1913 Act in relation to a proposed ballot may provide for overseas members of the union not to be accorded entitlement to vote in the ballot; and
rules made by the union for the purpose of complying with section 5(1) of the 1913 Act may provide for notice not to be given by the union to its overseas members.
Where subsection (7) above applies—
in a case where rules have been made by virtue of paragraph (a) of subsection (7), the Certification Officer shall not withhold his approval under section 4(1) of the 1913 Act on the ground that the rule in question makes such provision in relation to overseas members of the union as is mentioned in subsection (7); and
in a case where rules have been made by virtue of paragraph (b) of subsection (7), section 5(1) of the 1913 Act shall be taken not to require notice to be given by the union to its overseas members.
Where, following a notice given by a trade union under subsection (1) of section 5 of the 1913 Act on the passing of a new resolution, a member of the union gives notice of his objection to contribute to the political fund of the union, subsection (2) of that section (effective date of exemption) shall have effect as if the words from “or,in the case” to the end were omitted.
In this section—
At any time when there is a reolution in force with respect to a trade union, no property shall be added to the union’s political fund other than—
sums representing contributions made to the fund by members of the union or by any person other than the union itself;
property which accrues to the fund in the course of administering the assets of the fund.
At any time when there is no resolution in force with respect to a trade union which has a political fund—
subject to section 15(5) of this Act, no property shall be added to the fund other than that which accrues to the fund in the course of administering the assets of the fund;
no rule of the union shall be taken to require any member of the union to contribute to the fund;
the union may, notwithstanding any of its rules or any trusts on which the political fund is held, transfer the whole or any part of the fund to such other fund of the union as it thinks fit.
No liability of a political fund shall be discharged out of any other fund of the trade union (whether or not any asset of that other fund has been charged in connection with that liability).
Subsection (3) above shall have effect notwithstanding any term or condition on which any liability was incurred, but shall not have effect in relation to any liability incurred before the passing of this Act.
In section 6 of the 1913 Act, the words from “and in that case”, where they first occur, to “that fund” (which are superseded by subsection (1) above) are hereby repealed.
Where on the holding of a ballot a resolution has ceased to have effect by virtue of subsection (2) of section 12 of this Act, in the circumstances mentioned in paragraph (b) of that subsection, the trade union may at any time before the expiry of the period of six months beginning with the date of the ballot make payments out of the political fund as if the resolution were still in force.
Nothing in subsection (1) above shall be taken to authorise any payment which would cause the political fund to be in deficit or would increase any deficit in the fund.
On a resolution ceasing to have effect, the trade union—
shall take such steps as are necessary to ensure that the collection of contributions to the political fund is discontinued as soon as is reasonably practicable; and
may, notwithstanding any of its rules, pay any such contribution which is received by it after the date of cessation into any of its other funds.
Where a resolution has ceased to have effect but the trade union has continued to collect contributions to the political fund from any of its members, it shall pay to any member who applies to it for a refund of his contribution the amount collected from hom by way of such a contribution after the date of cessation.
Where a resolution has ceased to have effect, any contributions to the political fund paid to the union or to any person on behalf of the union, before the date of cessation, may be paid into the political fund notwithstanding section 14(2)(a) of this Act.
Where a resolution has ceased to have effect, any provision made by any rule of the trade union for the purpose of complying with the 1913 Act shall cease to have effect—
in a case where the resolution has ceased to have effect by virtue of subsection (2) of section 12 of this Act in the circumstances mentioned in paragraph (b) of that subsection, on the date on which the period of six months beginning with the date of the ballot expires; and
in any other case, on the date of cessation.
Nothing in subsection (6) above shall be taken to affect—
any provision made by any rule of the union which is required to enable the union’s political fund to be administered at a time when there is no resolution in force with respect to the union;
the operation of section 3(2) of the 1913 Act (complaint to Certification Officer in respect of breach of rules) in relation to any breach occurring before the date on which the rule in question ceased to have effect.
Where a resolution has ceased to have effect, no member of the trade union who has at any time been exempt from the obligation to contribute to the political fund of the union shall, by reason of his having been so exempt be—
excluded from any benefits of the union; or
placed in any respect either directly or indirectly under any disability or at any disadvantage aas compared with other members of the union (except in relation to the control or management of the political fund).
Where, at any time after a resolution has ceased to have effect— no property which immediately before the date of the ballot was held by or on behalf of the union otherwise than in its political fund, and no sums representing any such property, shall be added to that fund.
the trade union holds a ballot; and
the result of the ballot is that a new resolution is passed;
Where a resolution ceases to have effect but immediately afterwards there is a new resolution in force with respect to the tade union, the cessation of the old resolution shall be disregarded for the purposes of this section.
In this section “date of cessation” means the date on which the resolution which was last in force ceased to have effect.
Any person who claims that a trade union has failed to comply with section 15(3)(a) of this Act may apply to the court for a declaration to that effect if he is s member of the union at the time when the application is made.
Where, on an application under this section, the court is satisfied that a trade union has failed to comply with section 15(3)(a) it may, if it considers it appropriate to do so in order to secure that the collection of contributions to the political fund is discontinued, make an order requiring the union to take, within such time as may be specified in the order, such steps as may be so specified.
Where an order has been made under this section, any person who satisfies the requirements of subsection (4) below shall be entitled to enforce obedience to the order as if he had made the application in pursuance of which the order was made.
The requirements are that—
he is a member of the union at the time when the proceedings to enforce obedience to the order are begun; and
he was such a member at the time when the order was made.
The remedy of any person for a failure of a trade union to comply with section 15(3)(a) of this Act shall be by way of application under this section and not otherwise; but nothing in this subsection shall be taken to prejudice the right of any person to recover any sum payable to him by the union under section 15(4) of this Act.
The court having jurisdiction for the purposes of this section shall be the High Court or, in Scotland, the Court of Session.
For subsection (3) of section 3 of the 1913 Act (which defines the political objects expenditure on which must be met out of the political fund of the trade union) there shall be substituted—
Where a resolution is in force with respect to a trade union at the commencement date, that resolution and any rule of the union made in pursuance of section 3 of the 1913 Act which is in force at that date shall have effect as if for any reference to the political objects to which that section applied immediately before the commencement date there were substituted a reference to those objects as amended by this section.
Section 1(2) of the 1913 Act (which defines “statutory objects” and which is spent in consequence of this section) is hereby repealed.
Where any person who is a member of a trade union which has a political fund has certified in writing to his employer that, or to the effect that, he— the employer to whom the certificate was given shall ensure that no amount representing a contribution to the political fund of the union is deducted by him from emoluments payable to the member.
is exempt from the obligation to contribute to that fund; or
has, in accordance with the 1913 Act, notified the union in writing of his objection to contributing to it;
Subsection (1) above does not apply—
before the first day, following the giving of the certificate, on which it is reasonably practicable for the employer to comply with it; or
after the certificate is withdrawn.
Where an employer— he shall be taken to have failed to comply with this section unless he satisfies the court that his refusal is not attributable to the giving of that certificate or otherwise connected with the duty imposed by subsection (1) above.
refuses (otherwise than to the extent required by subsection (1) above) to deduct any union dues from emoluments payable to any person who has given a certificate to him under this section; but
continues to deduct union dues fro emoluments payable to other members of the union;
Where, on an application made by a person who claims that his employer has failed to comply with this section in deducting or refusing to deduct any amount from emoluments payable to him, the court is satisfied that there has been such a failure it shall make a declaration to that effect.
Where the court makes such a declaration it may, if it considers it appropriate to do so in order to secure that the failure is not repeated, make an order requiring the employer to take, within such time as may be specified in the order, such steps in relation to emoluments payable by him to the applicant as may be so specified.
The court having jurisdiction for the purposes of this section shall be the county court or, in Scotland, the sheriff court.
This section has effect (with the omission of subsection (5)) in relation to employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown any functions conferred by any enactment as it has effect in relation to other employment.
Expressions used in this Part and in the 1913 Act have the same meaning in this Part as they have in that Act.
In this Part—
" principal executive committee", in relation to a trade union, means the principal committee of the trade union exercising executive functions, by whatever name it is known; and
“the 1964 Act” means the Trade Union (Amalgamations, etc.) Act 1964;
“the date of the ballot” means, in the case of a ballot in which votes may be cast on more than one day, the last of those days;
“principal executive committee”, in relation to a trade union, means the principal committee of the trade union exercising executive functions, by whatever name it is known; and
References in this Part to the holding of a ballot (other than the reference in section 17(1)) are to the holding of a ballot for the purposes of the 1913 Act.
This Part applies, with the necessary modifications, in relation to unincorporated employers’ associations as it applies in relation to trade unions.
Section 1 of the Employment Act 1980 (payments in respect of secret ballots) shall have effect as amended by subsections (2) to (4) below.
In subsection (3) (ballots to which the section applies)—
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
after paragraph (e) there shall be inserted—.
After subsection (3) there shall be inserted the following subsection—
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.
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.
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 Employment Act 1980 (payments in respect of secret ballots).
This Act may be cited as the Trade Union Act 1984.
Section 4 shall come into force on the day on which this Act is passed.
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.
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.
Part III shall come into force on 31st March 1985.
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 or in relation to any unincorporated employers’ association which has its head or main office in Northern Ireland.