Trade Union and Labour Relations (Consolidation) Act 1992

70A Recognition of trade unions.

Schedule A1 shall have effect.

70B Training.

(1) This section applies where— (a) a trade union is recognised, in accordance with Schedule A1, as entitled to conduct collective bargaining on behalf of a bargaining unit (within the meaning of Part I of that Schedule), and (b) a method for the conduct of collective bargaining is specified by the Central Arbitration Committee under paragraph 31(3) of that Schedule (and is not the subject of an agreement under paragraph 31(5)(a) or (b)). (2) The employer must from time to time invite the trade union to send representatives to a meeting for the purpose of— (a) consulting about the employer’s policy on training for workers within the bargaining unit, (b) consulting about his plans for training for those workers during the period of six months starting with the day of the meeting, and (c) reporting about training provided for those workers since the previous meeting. (3) The date set for a meeting under subsection (2) must not be later than— (a) in the case of a first meeting, the end of the period of six months starting with the day on which this section first applies in relation to a bargaining unit, and (b) in the case of each subsequent meeting, the end of the period of six months starting with the day of the previous meeting. (4) The employer shall, before the period of two weeks ending with the date of a meeting, provide to the trade union any information— (a) without which the union’s representatives would be to a material extent impeded in participating in the meeting, and (b) which it would be in accordance with good industrial relations practice to disclose for the purposes of the meeting. (4A) If the information mentioned in subjection (4) includes information relating to the employment situation the employer must (so far as not required by subsection (4)) also provide at the same time to the trade union the following information— (a) the number of agency workers working temporarily for and under the supervision and direction of the employer, (b) the parts of the employer’s undertaking in which those agency workers are working, and (c) the type of work those agency workers are carrying out. (5) Section 182(1) shall apply in relation to the provision of information under subsection (4) or (4A) as it applies in relation to the disclosure of information under section 181. (6) The employer shall take account of any written representations about matters raised at a meeting which he receives from the trade union within the period of four weeks starting with the date of the meeting. (7) Where more than one trade union is recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, a reference in this section to “the trade union" is a reference to each trade union. (8) Where at a meeting under this section (Meeting 1) an employer indicates his intention to convene a subsequent meeting (Meeting 2) before the expiry of the period of six months beginning with the date of Meeting 1, for the reference to a period of six months in subsection (2)(b) there shall be substituted a reference to the expected period between Meeting 1 and Meeting 2. (9) The Secretary of State may by order made by statutory instrument amend any of subsections (2) to (6). (10) No order shall be made under subsection (9) unless a draft has been laid before, and approved by resolution of, each House of Parliament.

70C Section 70B: complaint to employment tribunal.

(1) A trade union may present a complaint to an employment tribunal that an employer has failed to comply with his obligations under section 70B in relation to a bargaining unit. (2) An employment tribunal shall not consider a complaint under this section unless it is presented— (a) before the end of the period of six months beginning with the date of the alleged failure, or (b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of six months. (2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a). (3) Where an employment tribunal finds a complaint under this section well-founded it— (a) shall make a declaration to that effect, and (b) may make an award of compensation to be paid by the employer to each person who was, at the time when the failure occurred, a member of the bargaining unit. (4) The amount of the award shall not, in relation to each person, exceed two weeks’ pay. (5) For the purpose of subsection (4) a week’s pay— (a) shall be calculated in accordance with Chapter II of Part XIV of the Employment Rights Act 1996 (taking the date of the employer’s failure as the calculation date), and (b) shall be subject to the limit in section 227(1) of that Act. (6) Proceedings for enforcement of an award of compensation under this section— (a) may, in relation to each person to whom compensation is payable, be commenced by that person, and (b) may not be commenced by a trade union.

71 Restriction on use of funds for political objects.

(1) The funds of a trade union shall not be applied in the furtherance of the political objects to which this Chapter applies unless— (a) there is in force in accordance with this Chapter a resolution (a “political resolution”) approving the furtherance of those objects as an object of the union (see sections 73 to 81), and (b) there are in force rules of the union as to— (i) the making of payments in furtherance of those objects out of a separate fund, and (ii) the making of contributions to that fund by members, which comply with this Chapter (see sections 82, 84 and 85) and have been approved by the Certification Officer. (2) This applies whether the funds are so applied directly, or in conjunction with another trade union, association or body, or otherwise indirectly.

72 Political objects to which restriction applies.

(1) The political objects to which this Chapter applies are the expenditure of money— (a) on any contribution to the funds of, or on the payment of expenses incurred directly or indirectly by, a political party; (b) on the provision of any service or property for use by or on behalf of any political party; (c) in connection with the registration of electors, the candidature of any person, the selection of any candidate or the holding of any ballot by the union in connection with any election to a political office; (d) on the maintenance of any holder of a political office; (e) on the holding of any conference or meeting by or on behalf of a political party or of any other meeting the main purpose of which is the transaction of business in connection with a political party; (f) on the production, publication or distribution of any literature, document, film, sound recording or advertisement the main purpose of which is to persuade people to vote for a political party or candidate or to persuade them not to vote for a political party or candidate. (2) Where a person attends a conference or meeting as a delegate or otherwise as a participator in the proceedings, any expenditure incurred in connection with his attendance as such shall, for the purposes of subsection (1)(e), be taken to be expenditure incurred on the holding of the conference or meeting. (3) In determining for the purposes of subsection (1) whether a trade union has incurred expenditure of a kind mentioned in that subsection, no account shall be taken of the ordinary administrative expenses of the union. (4) In this section— “candidate” means a candidate for election to a political office and includes a prospective candidate; “contribution”, in relation to the funds of a political party, includes any fee payable for affiliation to, or membership of, the party and any loan made to the party; “electors” means electors at an election to a political office; “film” includes any record, however made, of a sequence of visual images, which is capable of being used as a means of showing that sequence as a moving picture; “local authority” means a local authority within the meaning of section 270 of the Local Government Act 1972 or section 235 of the Local Government (Scotland) Act 1973; and “political office” means the office of member of Parliament, member of the European Parliament or member of a local authority or any position within a political party.

72A Application of funds in breach of section 71.

(1) A person who is a member of a trade union and who claims that it has applied its funds in breach of section 71 may apply to the Certification Officer for a declaration that it has done so .... (1A) Where an application is made under subsection (1), the Certification Officer must ensure that, so far as is reasonably practicable, it is determined within six months of being made. (2) Where the Certification Officer is satisfied that a trade union has applied its funds in breach of section 71, the Officer may make a declaration to that effect. (2A) Before deciding the matter the Certification Officer— (a) may make such enquiries as the Officer thinks fit, (b) must give the union and the applicant ... an opportunity to make written representations, and (c) may give the union and the applicant ... an opportunity to make oral representations. (2B) The Certification Officer— (a) must give reasons for the Officer's decision in writing, and (b) may make written observations on any matter arising from, or connected with, the proceedings. (3) If he makes a declaration he shall specify in it— (a) the provisions of section 71 breached, and (b) the amount of the funds applied in breach. (4) If he makes a declaration and is satisfied that the union has taken or agreed to take steps with a view to— (a) remedying the declared breach, or (b) securing that a breach of the same or any similar kind does not occur in future, he shall specify those steps in making the declaration. (5) If he makes a declaration he may make such order for remedying the breach as he thinks just under the circumstances. (6) Where the Certification Officer requests a 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, unless he considers that it would be inappropriate to do so, shall proceed with his determination ... notwithstanding that the information has not been furnished to him by the specified date. (7) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court. (8) Where an order has been made under this section, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made an application under this section. (9) An order made by the Certification Officer under this section may be enforced (by the Certification Officer, the applicant or a person mentioned in subsection (8)) in the same way as an order of the court. (10) If a person applies to the Certification Officer under this section in relation to an alleged breach he may not apply to the court in relation to the breach; but nothing in this subsection shall prevent such a person from exercising any right to appeal against or challenge the Certification Officer’s decision on the application to him. (11) If— (a) a person applies to the court in relation to an alleged breach, and (b) the breach is one in relation to which he could have made an application to the Certification Officer under this section, he may not apply to the Certification Officer under this section in relation to the breach.

72B Application of sections 72C to 72P

Sections 72C to 72P apply in relation to a trade union which does not have a branch or section in Northern Ireland.

72C Passing and effect of political resolution

(1) A political resolution must be passed by a majority of those voting on a ballot of the members of the trade union held in accordance with, so far as applicable, sections 72D to 72P and Schedule A1A. (2) A political resolution so passed has effect as if it were a rule of the union and may be rescinded in the same manner and subject to the same provisions as such a rule. (3) Where a political resolution (“the old resolution”) is in force and a ballot is held on a new political resolution, then— (a) if the new resolution is passed, the old resolution is to be treated as rescinded, and (b) if it is not passed, the old resolution ceases to have effect at the end of the period of two weeks beginning with the date of the ballot.

72D Approval of political ballot rules

(1) A ballot on a political resolution must be held in accordance with rules of the trade union (its “political ballot rules”) approved by the Certification Officer. (2) Fresh approval is required for the purposes of each ballot which it is proposed to hold, notwithstanding that the rules have been approved for the purposes of an earlier ballot. (3) The Certification Officer must not approve a union’s political ballot rules unless the Certification Officer is satisfied that the requirements, so far as applicable, set out in sections 72E to 72P and Schedule A1A, would be satisfied in relation to a ballot held by the union in accordance with the rules.

72E Responsible person’s determination of means of voting

(1) Before the ballot is held, the responsible person for the ballot must make a determination about the means of voting in the ballot. (2) The determination must set out which one or more of the permissible means of voting is available for the ballot. (3) Where the determination provides that more than one permissible means of voting is available for the ballot, the determination must also set out— (a) that each of those means is available for each person who is entitled to vote in the ballot, or (b) which one or more of those means is available for one or more of the following— (i) particular persons who are entitled to vote in the ballot; (ii) particular descriptions of persons who are entitled to vote in the ballot. (4) Where the determination includes provision under subsection (3)(b), the determination must be such that at least one permissible means of voting is available for each person who is entitled to vote in the ballot. (5) Where the determination provides— (a) that more than one permissible means of voting is available for a particular person or description of persons, or (b) that hybrid voting is available for a ballot, the determination must include provision setting out which vote is to be counted in a case where a person casts more than one vote (and section 72I(4) applies for the purposes of construing the number of votes cast by a person). (6) Schedule ZA1 sets out further requirements in relation to a determination by the responsible person. (7) The responsible person for a ballot under section 72C(1) is the trade union to which the ballot relates. (8) The permissible means of voting for a ballot under section 72C(1) are— (a) postal voting; (b) hybrid voting; (c) electronic voting. (9) In this Chapter— (a) “selected means of voting” means, in relation to a ballot, a permissible means of voting that is available for the ballot as a result of a determination under this section; (b) a person is “eligible to vote” in a ballot by a particular means of voting if the determination under this section for the ballot sets out that that means is available for the person (see subsection (3)).

72F Appointment of independent scrutineer

(1) The trade union must, before the ballot is held, appoint a qualified independent person (“the scrutineer”) to carry out— (a) the functions in relation to the ballot which are required under this section to be contained in the scrutineer’s appointment, and (b) such additional functions in relation to the ballot as may be specified in the scrutineer’s appointment. (2) A person (“P”) is a qualified independent person in relation to a ballot if— (a) P satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of State or P is so specified, (b) the trade union has no grounds for believing either that P will carry out any functions conferred on P in relation to the ballot otherwise than competently or that P’s independence in relation to the union, or in relation to the ballot, might reasonably be called into question, and (c) in the case of a ballot for which electronic voting or hybrid voting is a selected means of voting, the computer networks and systems which P intends to use for conducting the ballot are covered by one or more qualifying Cyber Essentials Plus certificates awarded to P. The power to make an order under paragraph (a) is exercisable by statutory instrument and such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament. (3) For the purposes of subsection (2)— (a) “Cyber Essentials Plus certificate” means a certificate awarded in accordance with Cyber Essentials Plus Test Specification v3.2, or a later version of that document, published by the Government Communications Headquarters; (b) a Cyber Essentials Plus certificate awarded to a person is a “qualifying Cyber Essentials Plus certificate” if its expiry date is such that the certificate will remain valid for the duration of the ballot for which the person is appointed. (4) The scrutineer’s appointment must require the scrutineer— (a) in relation to voting papers sent or to be sent in accordance with section 72K (postal voting: voting paper and method of voting)— (i) where someone other than the scrutineer is appointed under section 72L, to supervise the production and distribution of the voting papers; (ii) otherwise, to supervise the production of the voting papers, undertake the distribution of the voting papers and be the person to whom the voting papers are returned; (b) in relation to voting papers sent or to be sent in accordance with paragraph 14(1) of Schedule A1A (hybrid voting), to supervise the production of the voting papers, undertake the distribution of the voting papers and be the person to whom the voting papers are returned; (c) where electronic voting forms are to be used for the ballot— (i) to generate and distribute voting access methods; (ii) to maintain the electronic voting system; (iii) to maintain the audit logs; (iv) to appropriately retain relevant personal information, voting information, voting access method information and the audit logs; (d) to— (i) inspect the register of names and addresses of the members of the trade union, or (ii) examine the copy of the register as at the relevant date which is supplied to the scrutineer in accordance with subsection (10)(a), whenever it appears to the scrutineer appropriate to do so and, in particular, when the conditions specified in subsection (5) are satisfied; (e) to take such steps as appear to the scrutineer to be appropriate for the purpose of enabling the scrutineer to make the report (see section 72O); (f) to make the report to the trade union as soon as reasonably practicable after the last voting day; (g) to retain custody of all voting papers returned for the purposes of the ballot and the copy of the register supplied to the scrutineer in accordance with subsection (10)(a)— (i) until the end of the period of one year beginning with the announcement by the union of the result of the ballot, and (ii) if within that period an application is made under section 79 (complaint of failure to comply with ballot rules), until the Certification Officer or the court authorises the scrutineer to dispose of the papers or copy. (5) The conditions referred to in subsection (4)(d) are— (a) that a request that the scrutineer inspect the register or examine the copy is made to the scrutineer during the appropriate period by a member of the trade union who suspects that the register is not, or at the relevant date was not, accurate and up-to-date, and (b) that the scrutineer does not consider that the member’s suspicion is ill-founded. (6) In subsection (5) “the appropriate period” means the period— (a) beginning with the day on which the scrutineer is appointed, and (b) ending with the day before the day on which the scrutineer makes the scrutineer’s report to the trade union. (7) The duty of confidentiality as respects the register is incorporated in the scrutineer’s appointment. (8) The trade union must ensure that nothing in the terms of the scrutineer’s appointment (including any additional functions specified in the appointment) is such as to make it reasonable for any person to call the scrutineer’s independence in relation to the union into question. (9) The trade union must, before the scrutineer begins to carry out the scrutineer’s functions, either— (a) send a notice stating the name of the scrutineer to every member of the union to whom it is reasonably practicable to send such a notice, or (b) take all such other steps for notifying members of the name of the scrutineer as it is the practice of the union to take when matters of general interest to all its members need to be brought to their attention. (10) The trade union must— (a) supply to the scrutineer as soon as is reasonably practicable after the relevant date a copy of the register of names and addresses of its members as at that date, and (b) comply with any request made by the scrutineer to inspect the register. (11) Where the register is kept by means of a computer the duty imposed on the trade union by subsection (10)(a) is either to supply a legible printed copy or (if the scrutineer prefers) to supply a copy of the computer data and allow the scrutineer use of the computer to read it at any time during the period when the scrutineer is required to retain custody of the copy. (12) The trade union must ensure that the scrutineer duly carries out the scrutineer’s functions and that there is no interference with the scrutineer’s carrying out of those functions which would make it reasonable for any person to call the scrutineer’s independence in relation to the union into question. (13) The trade union must comply with all reasonable requests made by the scrutineer for the purposes of, or in connection with, the carrying out of the scrutineer’s functions. (14) The trade union must, so far as reasonably practicable, send to the scrutineer at least one of the following in respect of each person who is eligible to vote by electronic voting— (a) an email address which meets the requirements in subsection (15); (b) a mobile telephone number which meets the requirements in subsection (15). (15) The requirements are that the email address or mobile telephone number— (a) was not provided to the person by and is not controlled by— (i) the person’s employer in their capacity as the person’s employer, or (ii) the trade union, (b) has not been provided to the scrutineer in respect of any other person for the purposes of the ballot, and (c) has been provided by the person to the trade union for the purpose of communication between the person and the trade union. (16) In this section— “last voting day” means the later of the following days, so far as applicable— the last day for the return of voting papers; the last day for submission of electronic voting forms; “the relevant date” means— where the trade union has rules determining who is entitled to vote in the ballot by reference to membership on a particular date, that date, and otherwise, the date, or the last date, on which voting materials are distributed for the purposes of the ballot; “voting materials” means either or both of the following, as applicable— voting access methods; voting papers.

72G Entitlement to vote

Entitlement to vote in the ballot must be accorded equally to all members of the trade union.

72H Voting

(1) Every person who is entitled to vote in the ballot must— (a) be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees, and (b) so far as is reasonably practicable, be enabled to do so without incurring any direct cost to themselves. (2) So far as is reasonably practicable, every person who is entitled to vote in the ballot must be given a convenient opportunity to vote. (3) The ballot must be conducted so as to secure that— (a) so far as is reasonably practicable, those voting do so in secret, and (b) the votes given in the ballot are fairly and accurately counted. For the purposes of paragraph (b) an inaccuracy in counting must be disregarded if it is accidental and on a scale which could not affect the result of the ballot.

72I Counting of votes where multiple votes cast by same person

(1) This section applies where the responsible person for the ballot has determined that a person is eligible to vote in the ballot by more than one means of voting, or that a person is eligible to vote in the ballot by hybrid voting. (2) Where this section applies— (a) only one vote cast by the person is to be counted, (b) the vote which is to be counted is to be determined in accordance with provision in the determination made by virtue of section 72E(5), and (c) that provision and an explanation of its effect must be sent to the person along with the voting materials for the ballot. (3) In this section— “responsible person” is to be interpreted in accordance with section 72E; “voting materials” means— voting papers, and voting access methods. (4) For the purposes of this section, each of the following is to be treated as casting a separate vote— (a) returning a voting paper which was sent in accordance with paragraph 14(1) of Schedule A1A; (b) submitting an electronic voting form where the voting access method used to access the electronic voting form was sent in accordance with paragraph 14(1) of Schedule A1A.

72J Postal voting

Where postal voting is a selected means of voting for a ballot, sections 72K and 72L apply in relation to postal voting in the ballot.

72K Postal voting (voting paper and method of voting)

(1) So far as is reasonably practicable, every person who is eligible to vote by postal voting must have a voting paper sent to them by post at their home address or another address which they have requested the trade union in writing to treat as their postal address. (2) Each voting paper must— (a) state the name of the independent scrutineer and clearly specify the address to which, and the date by which, it is to be returned, (b) 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 ballot, and (c) be marked with its number. (3) Where a person chooses to vote by postal voting, the person votes by marking the voting paper sent to them.

72L Postal voting (counting of votes etc. by independent person)

(1) The trade union must ensure that— (a) the storage and distribution of the voting papers for the purposes of the ballot, and (b) the counting of the votes cast in the ballot, are undertaken by one or more independent persons appointed by the union. (2) A person appointed by the union (“P”) is an independent person in relation to a ballot if— (a) P is the scrutineer, or (b) P is a person other than the scrutineer and the trade union has no grounds for believing either that P will carry out any functions conferred on P in relation to the ballot otherwise than competently or that P’s independence in relation to the union, or in relation to the ballot, might reasonably be called into question. (3) An appointment under this section must require P to carry out P’s functions so as to minimise the risk of any contravention of requirements imposed by or under any enactment or the occurrence of any unfairness or malpractice. (4) The duty of confidentiality as respects the register is incorporated in an appointment under this section. (5) Where P is not the scrutineer, the appointment must require P to send the voting papers back to the scrutineer as soon as reasonably practicable after the counting has been completed. (6) The trade union— (a) must ensure that nothing in the terms of an appointment under this section is such as to make it reasonable for any person to call into question P’s independence in relation to the union, (b) must ensure that P duly carries out P’s functions and that there is no interference with P’s carrying out of those functions which would make it reasonable for any person to call into question P’s independence in relation to the union, and (c) must comply with all reasonable requests made by P for the purposes of, or in connection with, the carrying out of P’s functions.

72M Electronic voting

Where electronic voting is a selected means of voting for a ballot, Parts 1 and 2 of Schedule A1A apply in relation to electronic voting in the ballot (and Part 4 of that Schedule applies for the purposes of Parts 1 and 2).

72N Hybrid voting

Where hybrid voting is a selected means of voting for a ballot, Parts 1 and 3 of Schedule A1A apply in relation to hybrid voting in the ballot (and Part 4 of that Schedule applies for the purposes of Parts 1 and 3).

72O Scrutineer’s report

(1) The scrutineer’s report on the ballot must state, so far as relevant— (a) the means of voting by which votes have been cast in the ballot, (b) the number of persons who were entitled to vote in the ballot, (c) the number of voting papers returned to the scrutineer, (d) the number of electronic voting forms submitted, (e) the number of valid votes cast in the ballot for and against the resolution, (f) the number of spoiled or otherwise invalid voting papers returned and electronic voting forms submitted, (g) the name of the person (or of each of the persons) appointed under section 72L or, if no person was so appointed, that fact, (h) the number of submitted electronic voting forms which were discounted by the scrutineer following a request from the person who submitted the electronic voting form, and (i) the changes made to permissions to access and edit the electronic voting system during the ballot. (2) The report must also state whether the scrutineer is satisfied— (a) that there are no reasonable grounds for believing that there was any contravention of a requirement imposed by or under any enactment in relation to the ballot, (b) that the arrangements made (whether by the scrutineer or by any other person) with respect to the following matters, so far as relevant, included all such security arrangements as were reasonably practicable for the purpose of minimising the risk that any unfairness or malpractice might occur— (i) the production, storage, distribution, return or other handling of the voting papers used in the ballot, (ii) the production, distribution and storage of voting access methods and the maintenance of the electronic voting system, (iii) the counting of the votes, and (c) that the scrutineer has been able to carry out the scrutineer’s functions without such interference as would make it reasonable for any person to call the scrutineer’s independence in relation to the union into question, and if the scrutineer is not satisfied as to any of those matters, the report must give particulars of the scrutineer’s reasons for not being satisfied as to that matter. (3) The report must also state— (a) whether the scrutineer— (i) has inspected the register of names and addresses of the members of the trade union, or (ii) has examined the copy of the register as at the relevant date which is supplied to the scrutineer in accordance with section 72F(10)(a), (b) if the scrutineer has, whether in the case of each inspection or examination the scrutineer was acting on a request by a member of the trade union or at the scrutineer’s own instance, (c) whether the scrutineer declined to act on any such request, and (d) whether any inspection of the register, or any examination of the copy of the register, has revealed any matter which the scrutineer considers should be drawn to the attention of the trade union in order to assist it in securing that the register is accurate and up-to-date, but must not state the name of any member who has requested such an inspection or examination. (4) Where one or more persons other than the scrutineer are appointed under section 72L, the statement included in the scrutineer’s report in accordance with subsection (2)(b) must also indicate— (a) whether the scrutineer is satisfied with the performance of the person, or each of the persons, so appointed, and (b) if the scrutineer is not satisfied with the performance of the person, or any of them, particulars of the reasons for not being so satisfied. (5) The trade union must not publish the result of the ballot until it has received the scrutineer’s report. (6) The trade union must within the period of three months after it receives the report— (a) send a copy of the report to every member of the union to whom it is reasonably practicable to send such a copy, or (b) take all such other steps for notifying the contents of the report to the members of the union (whether by publishing the report or otherwise) as it is the practice of the union to take when matters of general interest to all its members need to be brought to their attention. (7) Any such copy or notification must be accompanied by a statement that the union will, on request, supply any member of the union with a copy of the report, either free of charge or on payment of such reasonable fee as may be specified in the notification. (8) The trade union must so supply any member of the union who makes such a request and pays the fee (if any) notified to the member.

72P Small accidental failures in relation to electronic voting to be disregarded

(1) If— (a) in relation to a ballot there is a failure (or there are failures) to comply with a provision mentioned in subsection (2) or with more than one of those provisions, and (b) the failure is accidental and on a scale which is unlikely to affect the result of the ballot or, as the case may be, the failures are accidental and taken together are on a scale which is unlikely to affect the result of the ballot, the failure (or failures), in so far as they relate to electronic voting, are to be disregarded for all purposes. (2) The provisions are— (a) section 72F(14) (requirement to send contact information to scrutineer); (b) section 72H(2) (requirement to provide a convenient opportunity to vote); (c) section 72I(2)(c) (requirement to send provision concerning how votes are counted where a person casts multiple votes); (d) paragraph 12(1) of Schedule A1A (requirement to send electronic voting materials); (e) paragraph 12(4) of Schedule A1A (requirement to use contact information provided by trade union).

72Q Application of sections 73 to 78

Sections 73 to 78 apply in relation to a trade union with a branch or section in Northern Ireland where the head or main office of the trade union is outside Northern Ireland.

73 Passing and effect of political resolution.

(1) A political resolution must be passed by a majority of those voting on a ballot of the members of the trade union held in accordance with this Chapter sections 73 to 78. (2) A political resolution so passed shall take effect as if it were a rule of the union and may be rescinded in the same manner and subject to the same provisions as such a rule. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Where a political resolution (“the old resolution”) is in force and a ballot is held on a new political resolution, then— (a) if the new resolution is passed, the old resolution shall be treated as rescinded, and (b) if it is not passed, the old resolution shall cease to have effect at the end of the period of two weeks beginning with the date of the ballot.

74 Approval of political ballot rules.

(1) A ballot on a political resolution must be held in accordance with rules of the trade union (its “political ballot rules”) approved by the Certification Officer. (2) Fresh approval is required for the purposes of each ballot which it is proposed to hold, notwithstanding that the rules have been approved for the purposes of an earlier ballot. (3) The Certification Officer shall not approve a union’s political ballot rules unless he is satisfied that the requirements set out in— section 75 (appointment of independent scrutineer), section 76 (entitlement to vote), section 77 (voting), . . .section 77A (counting of votes etc. by independent person), and section 78 (scrutineer’s report), would be satisfied in relation to a ballot held by the union in accordance with the rules.

75 Appointment of independent scrutineer.

(1) The trade union shall, before the ballot is held, appoint a qualified independent person (“the scrutineer”) to carry out— (a) the functions in relation to the ballot which are required under this section to be contained in his appointment; and (b) such additional functions in relation to the ballot as may be specified in his appointment. (2) A person is a qualified independent person in relation to a ballot if— (a) he satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of State or is himself so specified; and (b) the trade union has no grounds for believing either that he will carry out any functions conferred on him in relation to the ballot otherwise than competently or that his independence in relation to the union, or in relation to the ballot, might reasonably be called into question. An order under paragraph (a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) The scrutineer’s appointment shall require him— (a) to be the person who supervises the production of the voting papers and (unless he is appointed under section 77A to undertake the distribution of the voting papers) their distribution and to whom the voting papers are returned by those voting; (aa) to— (i) inspect the register of names and addresses of the members of the trade union, or (ii) examine the copy of the register as at the relevant date which is supplied to him in accordance with subsection (5A)(a), whenever it appears to him appropriate to do so and, in particular, when the conditions specified in subsection (3A) are satisfied; (b) to take such steps as appear to him to be appropriate for the purpose of enabling him to make his report (see section 78); (c) to make his report to the trade union as soon as reasonably practicable after the last date for the return of voting papers; and (d) to retain custody of all voting papers returned for the purposes of the ballot and the copy of the register supplied to him in accordance with subsection (5A)(a)— (i) until the end of the period of one year beginning with the announcement by the union of the result of the ballot; and (ii) if within that period an application is made under section 79 (complaint of failure to comply with ballot rules), until the Certification Officer or the court authorises him to dispose of the papers or copy. (3A) The conditions referred to in subsection (3)(aa) are— (a) that a request that the scrutineer inspect the register or examine the copy is made to him during the appropriate period by a member of the trade union who suspects that the register is not, or at the relevant date was not, accurate and up-to-date, and (b) that the scrutineer does not consider that the member’s suspicion is ill-founded. (3B) In subsection (3A) “the appropriate period” means the period— (a) beginning with the day on which the scrutineer is appointed, and (b) ending with the day before the day on which the scrutineer makes his report to the trade union. (3C) The duty of confidentiality as respects the register is incorporated in the scrutineer’s appointment. (4) The trade union shall ensure that nothing in the terms of the scrutineer’s appointment (including any additional functions specified in the appointment) is such as to make it reasonable for any person to call the scrutineer’s independence in relation to the union into question. (5) The trade union shall, before the scrutineer begins to carry out his functions, either— (a) send a notice stating the name of the scrutineer to every member of the union to whom it is reasonably practicable to send such a notice, or (b) take all such other steps for notifying members of the name of the scrutineer as it is the practice of the union to take when matters of general interest to all its members need to be brought to their attention. (5A) The trade union shall— (a) supply to the scrutineer as soon as is reasonably practicable after the relevant date a copy of the register of names and addresses of its members as at that date, and (b) comply with any request made by the scrutineer to inspect the register. (5B) Where the register is kept by means of a computer the duty imposed on the trade union by subsection (5A)(a) is either to supply a legible printed copy or (if the scrutineer prefers) to supply a copy of the computer data and allow the scrutineer use of the computer to read it at any time during the period when he is required to retain custody of the copy. (6) The trade union shall ensure that the scrutineer duly carries out his functions and that there is no interference with his carrying out of those functions which would make it reasonable for any person to call the scrutineer’s independence in relation to the union into question. (7) The trade union shall comply with all reasonable requests made by the scrutineer for the purposes of, or in connection with, the carrying out of his functions. (8) In this section “the relevant date” means— (a) where the trade union has rules determining who is entitled to vote in the ballot by reference to membership on a particular date, that date, and (b) otherwise, the date, or the last date, on which voting papers are distributed for the purposes of the ballot.

76 Entitlement to vote.

Entitlement to vote in the ballot shall be accorded equally to all members of the trade union.

77 Voting.

(1) The method of voting must be by the marking of a voting paper by the person voting. (2) Each voting paper must— (a) state the name of the independent scrutineer and clearly specify the address to which, and the date by which, it is to be returned, and (b) 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 ballot, and (c) be marked with its number. (3) Every person who is entitled to vote in the ballot must— (a) be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees, and (b) so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself. (4) So far as is reasonably practicable, every person who is entitled to vote in the ballot must— (a) have a voting paper sent to him by post at his home address or another address which he has requested the trade union in writing to treat as his postal address, and (b) be given a convenient opportunity to vote by post. (5) The ballot shall be conducted so as to secure that— (a) so far as is reasonably practicable, those voting do so in secret, and (b) the votes given in the ballot are fairly and accurately counted. For the purposes of paragraph (b) an inaccuracy in counting shall be disregarded if it is accidental and on a scale which could not affect the result of the ballot.

77A Counting of votes etc. by independent person.

(1) The trade union shall ensure that— (a) the storage and distribution of the voting papers for the purposes of the ballot, and (b) the counting of the votes cast in the ballot, are undertaken by one or more independent persons appointed by the union. (2) A person is an independent person in relation to a ballot if— (a) he is the scrutineer, or (b) he is a person other than the scrutineer and the trade union has no grounds for believing either that he will carry out any functions conferred on him in relation to the ballot otherwise than competently or that his independence in relation to the union, or in relation to the ballot, might reasonably be called into question. (3) An appointment under this section shall require the person appointed to carry out his functions so as to minimise the risk of any contravention of requirements imposed by or under any enactment or the occurrence of any unfairness or malpractice. (4) The duty of confidentiality as respects the register is incorporated in an appointment under this section. (5) Where the person appointed to undertake the counting of votes is not the scrutineer, his appointment shall require him to send the voting papers back to the scrutineer as soon as reasonably practicable after the counting has been completed. (6) The trade union— (a) shall ensure that nothing in the terms of an appointment under this section is such as to make it reasonable for any person to call into question the independence of the person appointed in relation to the union, (b) shall ensure that a person appointed under this section duly carries out his functions and that there is no interference with his carrying out of those functions which would make it reasonable for any person to call into question the independence of the person appointed in relation to the union, and (c) shall comply with all reasonable requests made by a person appointed under this section for the purposes of, or in connection with, the carrying out of his functions.

78 Scrutineer’s report.

(1) The scrutineer’s report on the ballot shall state— (a) the number of voting papers distributed for the purposes of the ballot, (b) the number of voting papers returned to the scrutineer, (c) the number of valid votes cast in the ballot for and against the resolution, . . . (d) the number of spoiled or otherwise invalid voting papers returned and. (e) the name of the person (or of each of the persons) appointed under section 77A or, if no person was so appointed, that fact. (2) The report shall also state whether the scrutineer is satisfied— (a) that there are no reasonable grounds for believing that there was any contravention of a requirement imposed by or under any enactment in relation to the ballot, (b) that the arrangements made (whether by him or any other person) with respect to the production, storage, distribution, return or other handling of the voting papers used in the ballot, and the arrangements for the counting of the votes, included all such security arrangements as were reasonably practicable for the purpose of minimising the risk that any unfairness or malpractice might occur, and (c) that he has been able to carry out his functions without such interference as would make it reasonable for any person to call his independence in relation to the union into question; and if he is not satisfied as to any of those matters, the report shall give particulars of his reasons for not being satisfied as to that matter. (2A) The report shall also state— (a) whether the scrutineer— (i) has inspected the register of names and addresses of the members of the trade union, or (ii) has examined the copy of the register as at the relevant date which is supplied to him in accordance with section 75(5A)(a), (b) if he has, whether in the case of each inspection or examination he was acting on a request by a member of the trade union or at his own instance, (c) whether he declined to act on any such request, and (d) whether any inspection of the register, or any examination of the copy of the register, has revealed any matter which he considers should be drawn to the attention of the trade union in order to assist it in securing that the register is accurate and up-to-date, but shall not state the name of any member who has requested such an inspection or examination. (2B) Where one or more persons other than the scrutineer are appointed under section 77A, the statement included in the scrutineer’s report in accordance with subsection (2)(b) shall also indicate— (a) whether he is satisfied with the performance of the person, or each of the persons, so appointed, and (b) if he is not satisfied with the performance of the person, or any of them, particulars of his reasons for not being so satisfied. (3) The trade union shall not publish the result of the ballot until it has received the scrutineer’s report. (4) The trade union shall within the period of three months after it receives the report— (a) send a copy of the report to every member of the union to whom it is reasonably practicable to send such a copy; or (b) take all such other steps for notifying the contents of the report to the members of the union (whether by publishing the report or otherwise) as it is the practice of the union to take when matters of general interest to all its members need to be brought to their attention. (5) Any such copy or notification shall be accompanied by a statement that the union will, on request, supply any member of the union with a copy of the report, either free of charge or on payment of such reasonable fee as may be specified in the notification. (6) The trade union shall so supply any member of the union who makes such a request and pays the fee (if any) notified to him.

79 Remedy for failure to comply with ballot rules: general.

(1) A person alleging that a trade union— (a) has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or (b) has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved, may apply for a declaration under section 80 (by the Certification Officer) or section 81 (by the court) .... (2) An application under section 80 or 81 may be made only by a person who is a member of the trade union and, where the ballot has been held, was a member at the time when it was held. References in section 80 or 81 to a person having a sufficient interest are to such a person. (3) No such application may be made after the end of the period of one year beginning with the day on which the union announced the result of the ballot.

80 Application to Certification Officer.

(1) Where the Certification Officer is satisfied, ... on an application by a person having a sufficient interest (see section 79(2)) ..., that a trade union— (a) has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or (b) has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved, the Officer may make a declaration to that effect. (2) Before deciding the matter the Certification Officer— (a) may make such enquiries as the Officer thinks fit, (b) must give the union and the applicant ... an opportunity to make written representations, and (c) may give the union and the applicant ... an opportunity to make oral representations. (3) If he makes a declaration he shall specify in it the provisions with which the trade union has failed to comply. (4) Where he makes a declaration and is satisfied that 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 does not occur in future, or that the union has agreed to take such steps, he shall in making the declaration specify those steps. (5) Whether he makes or refuses a declaration, he shall give reasons for his decision in writing; and the reasons may be accompanied by written observations on any matter arising from, or connected with, the proceedings. (5A) Where the Certification Officer makes a declaration he shall also, unless he considers that to do so would be inappropriate, make an enforcement order, that is, an order imposing on the union one or more of the following requirements— (a) to secure the holding of a ballot in accordance with the order; (b) to take such other steps to remedy the declared failure as may be specified in the order; (c) to abstain from such acts as may be so specified with a view to securing that a failure of the same or a similar kind does not occur in future. The Certification Officer shall in an order imposing any such requirement as is mentioned in paragraph (a) or (b) specify the period within which the union must comply with the requirements of the order. (5B) Where the Certification Officer makes an order requiring the union to hold a fresh ballot, he shall (unless he considers that it would be inappropriate to do so in the particular circumstances of the case) require the ballot to be conducted in accordance with the union’s political ballot rules and such other provisions as may be made by the order. (5C) Where an enforcement order has been made, any person who is a member of the union and was a member at the time the order was made is entitled to enforce obedience to the order as if he had made an application under this section. (6) In exercising his functions under this section the Certification Officer shall ensure that, so far as is reasonably practicable, an application made to him is determined within six months of being made. (7) Where he requests a 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 it would be inappropriate to do so, proceed with his determination ... notwithstanding that the information has not been furnished to him by the specified date. (8) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court. (9) An enforcement order made by the Certification Officer under this section may be enforced (by the Certification Officer, the applicant or a person mentioned in subsection (5C)) in the same way as an order of the court. (10) The following paragraphs have effect if a person applies under section 81 in relation to a matter— (a) that person may not apply under this section in relation to that matter; (b) on an application by a different person under this section in relation to that matter, the Certification Officer shall have due regard to any declaration, order, observations, or reasons made or given by the court regarding that matter and brought to the Certification Officer’s notice.

81 Application to court.

(1) A person having a sufficient interest (see section 79(2)) who claims that a trade union— (a) has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or (b) has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved, may apply to the court for a declaration to that effect. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) If the court makes the declaration asked for, it shall specify in the declaration the provisions with which the trade union has failed to comply. (4) Where the court makes a declaration it shall also, unless it considers that to do so would be inappropriate, make an enforcement order, that is, an order imposing on the union one or more of the following requirements— (a) to secure the holding of a ballot in accordance with the order; (b) to take such other steps to remedy the declared failure as may be specified in the order; (c) to abstain from such acts as may be so specified with a view to securing that a failure of the same or a similar kind does not occur in future. The court shall in an order imposing any such requirement as is mentioned in paragraph (a) or (b) specify the period within which the union must comply with the requirements of the order. (5) Where the court makes an order requiring the union to hold a fresh ballot, the court shall (unless it considers that it would be inappropriate to do so in the particular circumstances of the case) require the ballot to be conducted in accordance with the union’s political ballot rules and such other provisions as may be made by the order. (6) Where an enforcement order has been made, any person who is a member of the union and was a member at the time the order was made is entitled to enforce obedience to the order as if he had made the application on which the order was made. (7) Without prejudice to any other power of the court, the court may on an application under this section grant such interlocutory relief (in Scotland, such interim order) as it considers appropriate. (8) The following paragraphs have effect if a person applies under section 80 in relation to a matter— (a) that person may not apply under this section in relation to that matter; (b) on an application by a different person under this section in relation to that matter, the court shall have due regard to any declaration, order, observations or reasons made or given by the Certification Officer regarding that matter and brought to the court’s notice.

82 Rules as to political fund.

(1) The trade union’s rules must provide— (a) that payments in the furtherance of the political objects to which this Chapter applies shall be made out of a separate fund (the “political fund” of the union); (b) that a member of the union who is not a contributor (see section 84) shall not be under any obligation to contribute to the political fund; (c) that a member shall not by reason of not being a contributor — (i) be excluded from any benefits of the union, or (ii) be placed in any respect either directly or indirectly under a disability or at a disadvantage as compared with other members of the union (except in relation to the control or management of the political fund); (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 out of being a contributor to the fund, and (ii) a statement setting out the effect of paragraph (c); and (d) that contribution to the political fund shall not be made a condition for admission to the union. (2) A member of a trade union who claims that he is aggrieved by a breach of any rule made in pursuance of this section may complain to the Certification Officer .... (2A) Where the Certification Officer is satisfied that a breach has been committed, the Officer may make such order for remedying the breach as he thinks just under the circumstances. (3) Before deciding the matter the Certification Officer— (a) may make such enquiries as the Officer thinks fit, (b) must give a representative of the union and the complainant ... an opportunity to make written representations, and (c) may give a representative of the union and the complainant ... an opportunity to make oral representations. (3A) Where the Certification Officer requests a 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, unless he considers that it would be inappropriate to do so, shall proceed with his determination ... notwithstanding that the information has not been furnished to him by the specified date. (4A) Where an order has been made under this section, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made a complaint under this section. (4B) An order made by the Certification Officer under this section may be enforced (by the Certification Officer, the complainant or a person mentioned in subsection (4A)) — (a) in England and Wales, in the same way as an order of the county court; (b) in Scotland, in the same way as an order of the sheriff.

83 Assets and liabilities of political fund.

(1) There may be added to a union’s political fund only— (a) sums representing contributions made to the fund by members of the union or by any person other than the union itself, and (b) property which accrues to the fund in the course of administering the assets of the fund. (2) The rules of the union shall not be taken to require any member to contribute to the political fund at a time when there is no political resolution in force in relation to the union. (3) No liability of a union’s political fund shall be discharged out of any other fund of the union. This subsection applies notwithstanding any term or condition on which the liability was incurred or that an asset of the other fund has been charged in connection with the liability.

84 Contributors to political fund

(1) For the purposes of this Act, a member of a trade union is a “contributor” to the political fund of the union unless an opt-out notice given by the member to the union has effect (see subsection (3)). (2) An “opt-out notice” is a notice that the member opts out of being a contributor. (3) An opt-out notice has effect on and after the relevant day unless the member withdraws the notice. (4) In subsection (3), “the relevant day” means— (a) in a case where— (i) a political resolution is passed on a ballot held at a time when no such resolution is in force, and (ii) the opt-out notice is given before the end of the period of four weeks beginning with the day on which an opt-out information notice is given to the member under section 84A, the day on which the opt-out notice is given; (b) in any other case, the earlier of— (i) a day specified in, or determined in accordance with, the rules of the union, and (ii) 1 January in the year following the year in which the opt-out notice is given. (5) A member of a trade union withdraws an opt-out notice by giving the union notice of the withdrawal (a “withdrawal notice”). (6) A member of a trade union may give an opt-out notice or a withdrawal notice— (a) by delivering it (either personally or by an authorised agent or by post) at the head office or a branch office of the union; (b) by sending it by email to an address that the union has told its members can be used for sending such notices; (c) by completing an electronic form provided by the union which sets out the notice, and sending it to the union by electronic means in accordance with instructions given by the union; (d) by such other electronic means as may be prescribed. (7) The Secretary of State must, before the end of the period of three months beginning with the day on which this section comes into force, publish guidance about the kind of provision which the Secretary of State considers it is appropriate for the rules of a trade union to make for the purposes of subsection (4)(b)(i). (8) The Secretary of State— (a) may from time to time revise guidance published under subsection (7); (b) must publish any revisions of that guidance.

84A Opt-out information notices

(1) A trade union must give an opt-out information notice to each member of the union— (a) within the period of eight weeks beginning with the day after the day on which a political resolution is passed by the members of the union under section 72C (trade union without a branch or section in Northern Ireland: passing and effect of political resolution) or section 73 (trade union with a branch or section in Northern Ireland: passing and effect of political resolution), and (b) within the period of eight weeks beginning with the end of— (i) the period of ten years beginning with the day on which a political resolution is passed, and (ii) each successive period of ten years, unless during that period of ten years the political resolution is rescinded or otherwise ceases to have effect. (2) An “opt-out information notice” is a notice stating that— (a) each member of the union has the right not to be a contributor to the political fund of the union, and (b) a member may exercise that right by giving an opt-out notice under section 84. (3) An opt-out information notice must be given in accordance with rules of the union approved for the purpose by the Certification Officer. (4) In deciding whether to approve those rules, the Certification Officer must have regard in each case to the existing practice and character of the union. (5) As soon as is reasonably practicable after the end of any period of eight weeks within which an opt-out information notice must be given, a trade union must send to the Certification Officer a copy of— (a) the opt-out information notice, or (b) if there is more than one form of opt-out information notice, each form of notice. (6) A member of a trade union who claims that the union has failed to comply with this section may complain to the Certification Officer. (7) Where the Certification Officer is satisfied on a complaint under subsection (6) that a trade union has failed to comply with this section, the Officer may make such order for remedying the failure as the Officer thinks just under the circumstances. (8) Before deciding the matter the Certification Officer— (a) may make such enquiries as the Officer thinks fit; (b) must give the union and the member making the complaint an opportunity to make written representations; (c) may give the union and the member making the complaint an opportunity to make oral representations. (9) An order made by the Certification Officer under this section may be enforced by the Certification Officer in the same way as an order of the court.

86 Employer not to deduct contributions where member gives certificate

(1) If a member of a trade union which has a political fund certifies in writing to his employer that, or to the effect that — (a) the member is not a contributor to the fund, or (b) the member has given the union an opt-out notice but it does not yet have effect, the employer shall ensure that no amount representing a contribution to the political fund is deducted by him from emoluments payable to the member. (2) The employer’s duty under subsection (1) applies from the first day, following the giving of the certificate, on which it is reasonably practicable for him to comply with that subsection, until the certificate is withdrawn. (3) An employer may not refuse to deduct any union dues from emoluments payable to a person who has given a certificate under this section if he continues to deduct union dues from emoluments payable to other members of the union, unless his refusal is not attributable to the giving of the certificate or otherwise connected with the duty imposed by subsection (1).

87 Complaint in respect of employer’s failure.

(1) A person who claims his employer has failed to comply with section 86 in deducting or refusing to deduct any amount from emoluments payable to him may present a complaint to an employment tribunal. (2) A tribunal shall not consider a complaint under subsection (1) unless it is presented— (a) within the period of six months beginning with the date of the payment of the emoluments or (if the complaint relates to more than one payment) the last of the payments, or (b) where the tribunal is satisfied that it was not reasonably practicable for the complaint to be presented within that period, within such further period as the tribunal considers reasonable. (2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a). (3) Where on a complaint under subsection (1) arising out of subsection (3) (refusal to deduct union dues) of section 86 the question arises whether the employer’s refusal to deduct an amount was attributable to the giving of the certificate or was otherwise connected with the duty imposed by subsection (1) of that section, it is for the employer to satisfy the tribunal that it was not. (4) Where a tribunal finds that a complaint under subsection (1) is well-founded— (a) it shall make a declaration to that effect and, where the complaint arises out of subsection (1) of section 86, order the employer to pay to the complainant the amount deducted in contravention of that subsection less any part of that amount already paid to him by the employer, and (b) it may, if it considers it appropriate to do so in order to prevent a repetition of the failure, make an order requiring the employer to take, within a specified time, the steps specified in the order in relation to emoluments payable by him to the complainant. (5) A person who claims his employer has failed to comply with an order made under subsection (4)(b) on a complaint presented by him may present a further complaint to an employment tribunal; but only one complaint may be presented under this subsection in relation to any order. (6) A tribunal shall not consider a complaint under subsection (5) unless it is presented— (a) after the end of the period of four weeks beginning with the date of the order, but (b) before the end of the period of six months beginning with that date. (7) Where on a complaint under subsection (5) a tribunal finds that an employer has, without reasonable excuse, failed to comply with an order made under subsection (4)(b), it shall order the employer to pay to the complainant an amount equal to two weeks’ pay. (8) Chapter II of Part XIV of the Employment Rights Act 1996 (calculation of a week’s pay) applies for the purposes of subsection (7) with the substitution for section 225 of the following— For the purposes of this Chapter in its application to subsection (7) of section 87 of the Trade Union and Labour Relations (Consolidation) Act 1992, the calculation date is the date of the payment, or (if more than one) the last of the payments, to which the complaint related.

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89 Administration of political fund where no resolution in force.

(1) The following provisions have effect with respect to the political fund of a trade union where there ceases to be any political resolution in force in relation to the union. (2) If the resolution ceases to have effect by reason of a ballot being held on which a new political resolution is not passed, the union may continue to make payments out of the fund as if the resolution had continued in force for six months beginning with the date of the ballot. But no payment shall be made which causes the fund to be in deficit or increases a deficit in it. (3) There may be added to the fund only— (a) contributions to the fund paid to the union (or to a person on its behalf) before the resolution ceased to have effect, and (b) property which accrues to the fund in the course of administering the assets of the fund. (4) The union may, notwithstanding any of its rules or any trusts on which the fund is held, transfer the whole or part of the fund to such other fund of the union as it thinks fit. (5) If a new political resolution is subsequently passed, no property held immediately before the date of the ballot by or on behalf of the union otherwise than in its political fund, and no sums representing such property, may be added to the fund.