Sixty-third Regional Committee for Europe: Çeşme Izmir, 16–19 September 2013: draft resolution: interim Report of the Regional Director on the work of WHO in the European Region 2012–2013
In this Act “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992.
In section 226 of the 1992 Act (requirement of ballot before action by trade union), in subsection (2)(a), after sub-paragraph (ii) insert—.
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 226 of the 1992 Act, in subsection (2)(a)(iii), for “the majority voting in the ballot” substitute “the required number of persons (see subsections (2A) to (2C))”.
After subsection (2) of that section insert—
This section 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State shall commission an independent review, the report of which shall be laid before each House of Parliament, on the delivery of secure methods of electronic balloting for the purpose of ballots held under section 226 of the 1992 Act (requirement of ballot before action by trade union).
The use of pilot schemes shall be permitted to inform the design and implementation of electronic balloting before it is rolled out across union strike ballots.
The Secretary of State must consider the report and publish and lay before each House of Parliament his or her response to it.
For the purpose of preparing the response under subsection (3), the Secretary of State must consult relevant organisations including professionals from expert associations to seek their advice and recommendations.
The review under subsection (1) shall be commissioned within six months of the passing of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 229 of the 1992 Act (voting paper), after subsection (2A) insert—
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.
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” substituteare told—
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 32 of the 1992 Act (annual return) insert—
Subsection (1) applies only to returns for periods that begin after the day on which this section comes into force.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph (b) “starting date” means the day, or the first of the days, specified in the relevant notice.
Subsection (1) does not apply to any industrial action in relation to which the employer receives a relevant notice before the day on which this section comes into force. “Relevant notice” here has the same meaning as in section 234A of the 1992 Act (see subsection (3) of that section).
In section 234 of the 1992 Act (period after which ballot ceases to be effective), for subsection (1) substitute—
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 219 of the 1992 Act (protection from certain tort liabilities), in subsection (3), for the words after “actionable in tort” substitute unless—
After section 220 of the 1992 Act insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For section 85 of the 1992 Act substitute—
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—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
who after the end of that period joins a trade union that has a political fund, or
who is a member of a trade union that has a political fund but did not have one immediately before the end of that period.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Certification Officer, and
all trade unions that have a political fund.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 32ZA of the 1992 Act (inserted by section 7 above) insert—
In section 131(1) of the 1992 Act (administrative provisions applying to employers’ associations), after “section 32(1), (2), (3)(a), (b) and (c) and (4) to (6)” insert “, section 32ZB”.
In section 135(3) of the 1992 Act (administrative provisions not applying to certain federated employers’ associations), in paragraph (c), after “section 32(1), (2), (3)(a), (b) and (c) and (4) to (6)” insert “, section 32ZB”.
Subsections (1) to (3) apply only to returns for periods that begin after the day on which this section comes into force.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 116A of the 1992 Act insert—
In section 296 of that Act (meaning of “worker” and related expressions), in subsection (3), after “68(4),” insert “116B(10),”.
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) ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 2, which makes amendments to the 1992 Act in relation to the powers of the Certification Officer, has effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 32ZB of the 1992 Act (inserted by section 12 above) insert—
Subsection (1) applies only to returns for periods that begin after the day on which this section comes into force.
In section 45 of the 1992 Act (offences), in subsection (1), for “sections 32” substitute “section 32 (but not sections 32ZA and 32ZB) and sections 32A”.
In section 45D of that Act (appeals from Certification Officer), after “31” insert “, 32ZC”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)) ”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 257 of the 1992 Act insert—
In section 258 of that Act (annual reports and accounts), after subsection (1) insert—
In each of the following provisions of the 1992 Act, for “on any question of law arising” substitute “ on any question arising ”
section 45D (appeal from Certification Officer on question arising in proceedings etc under section 24B, 24C, 25, 31, 32ZC or 45C);
section 56A (appeal from Certification Officer on question arising in proceedings etc under section 55);
section 95 (appeal from Certification Officer on question arising in proceedings etc under Chapter 6 of Part 1);
section 104 (appeal from Certification Officer on question arising in proceedings etc under section 103);
section 108C (appeals from Certification Officer on question arising in proceedings etc under Chapter 7A of Part 1).
Schedule 4 (minor and consequential amendments) has effect.
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.
An amendment or repeal made by this Act has the same extent as the enactment to which it relates.
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.
Regulations under this section may include saving, transitional or transitory provision.
This Act may be cited as the Trade Union Act 2016.
Section 17
Section 17
Section 45C of the 1992 Act (remedies and enforcement) is amended as follows. In subsection (1), for “effect.” substitute “ effect; but the Certification Officer may also exercise the powers under this section where no application is made under this section. ” After that subsection insert— For subsection (2) substitute— In subsection (6), for “the application on which the order was made” substitute “ an application under this section ”. In subsection (7) omit “of the application”.
Section 54 of the 1992 Act (remedy for failure to comply with requirements: general) is amended as follows. For subsection (1) substitute— In subsection (2), for the words before paragraph (a) substitute “ An application for a declaration under section 55 or 56 may be made only— ”.
Section 103 of the 1992 Act (complaints as to passing of resolution) is amended as follows. In the heading, for “Complaints” substitute “ Powers of Certification Officer ”. In subsection (1), for “Officer.” substitute “ Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made. ” Omit subsection (2A). In subsection (3), for the words before paragraph (a) substitute “ Where the Certification Officer is satisfied that there has been a failure such as is mentioned in paragraph (a) or (b) of subsection (1)— ”. After that subsection insert— In subsection (4) omit “on a complaint”. In subsection (6) omit “of the application”. In subsection (8), for “the complaint on which the order was made” substitute “ a complaint under this section ”.
Omit section 24C and sections 24ZH to 24ZK of the 1992 Act (which are superseded by the inserted Schedule set out in Schedule 1 to this Act).
Section 55 of the 1992 Act (application to Certification Officer) is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For subsections (1) and (2) substitute— In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”. In subsection (7) omit “of the application”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 45D of the 1992 Act (appeals from Certification Officer)—
omit “24C,”;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 62 of the 1992 Act (right to a ballot before industrial action), for subsection (2) substitute—
In section 71 of the 1992 Act (restriction on use of funds for political objects), in subsection (1)(b), for sub-paragraph (ii) substitute—.
Section 82 of the 1992 Act (rules as to political fund) is amended as follows. In subsection (1), for paragraph (b) substitute—. In subsection (1)(c), for “being so exempt” substitute “ not being a contributor ”.
Section 86 of the 1992 Act is amended as follows. For the heading substitute “ Employer not to deduct contributions where member gives certificate ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 91 of the 1992 Act (rules to cease to have effect), in subsection (4), for the words before paragraph (a) substitute “ A member of a trade union who has at any time not been a contributor to its political fund shall not for that reason— ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 118 of the 1992 Act (federated trade unions), in subsection (7), for “not exempt from the obligation to contribute” substitute “ contributors ”.
In section 135 of the 1992 Act (federated employers' associations), in subsection (4), for “not exempt from the obligation to contribute” substitute “ contributors ”.
In section 226 of the 1992 Act (requirement of ballot before action by trade union), in subsection (2)(a), omit the word “and” at the end of sub-paragraph (ii).
In section 233 of the 1992 Act (calling of industrial action with support of ballot), for subsections (1) to (3) substitute—
In section 234 of the 1992 Act (period after which ballot ceases to be effective)—
in subsection (3) omit the words after paragraph (b);
in subsection (6) omit the second sentence.
Section 254 of the 1992 Act (the Certification Officer) is amended as follows. In subsection (5A) omit “Subject to subsection (6),”. Omit subsection (6).
In section 256 of the 1992 Act (procedure before the Certification Officer), in subsection (1)(c), for the words after “declaration or” substitute “ order under section 24B, 32ZC, 45C, 55, 72A, 80, 82 or 103 or under paragraph 5 of Schedule A3 ”.
After section 297 of the 1992 Act insert—
“legal professional privilege”, as respects Scotland, means confidentiality of communications;
contributor (in relation to the political fund of a trade union) section 84(5) legal professional privilege (as respects Scotland) section 298 voting section 297A
Section 72A of the 1992 Act (application of funds in breach of section 71) is amended as follows. In subsection (1), for “so.” substitute “ so; but the Certification Officer may also exercise the powers under this section where no application is made. ” After that subsection insert— For subsection (2) substitute— In subsection (6) omit “of the application”. In subsection (8), for “the application on which the order was made” substitute “ an application under this section ”.
In consequence of the amendments made by this Act, omit the following—
in the Trade Union Reform and Employment Rights Act 1993, paragraph 47(b) of Schedule 8;
in the Employment Relations Act 1999, paragraph 10 of Schedule 3 and paragraphs 17(2) and 18(2) of Schedule 6;
in the Employment Relations Act 2004, section 24(2) and paragraph 14 of Schedule 1.
Section 79 of the 1992 Act (remedy for failure to comply with ballot rules: general) is amended as follows. For subsection (1) substitute— In subsection (2), for “those sections” substitute “ section 80 or 81 ”.
Section 80 of the 1992 Act (application to Certification Officer) is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For subsections (1) and (2) substitute— In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”. In subsection (7) omit “of the application”.
Section 82 of the 1992 Act (rules as to political fund) is amended as follows. In subsection (2), for “Officer.” substitute “ Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made. ” For subsections (2A) and (3) substitute— In subsection (3A) omit “of the application”. In subsection (4A), for “the complaint on which it was made” substitute “ a complaint under this section ”.
Section 19
Section 22
Article 71 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)) (application to Great Britain unions and members) is amended as follows. In paragraph (3)— Omit paragraph (5)(b).