Trade Union and Labour Relations (Consolidation) Act 1992

49 Appointment of independent scrutineer. E+W+S

(1) The trade union shall, before the election is held, appoint a qualified independent person (“the scrutineer”) to carry out—

(a) the functions in relation to the election which are required under this section to be contained in his appointment; and

(b) such additional functions in relation to the election as may be specified in his appointment.

(2) A person is a qualified independent person in relation to an election 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 election otherwise than competently or that his independence in relation to the union, or in relation to the election, 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 [F1 of the voting papers and (unless he is appointed under section 51A to undertake the distribution of the voting papers) their distribution] and to whom the voting papers are returned by those voting;

[F2 (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 52);

(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 election [F3 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 election; and

(ii) if within that period an application is made under section 54 (complaint of failure to comply with election requirements), until the Certification Officer or the court authorises him to dispose of the papers [F4 or copy].

[F5 (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 or candidate 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 suspicion of the member or candidate is ill-founded.

(3B) In subsection (3A) “the appropriate period” means the period—

(a) beginning with the first day on which a person may become a candidate in the election or, if later, 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.

[F6 (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.

[F7 (8) In this section “the relevant date” means—

(a) where the trade union has rules determining who is entitled to vote in the election 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 election.]

Textual Amendments

F1 Words in s. 49(3)(a) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.46; S.I. 1993/1908, art. 2(1), Sch.1

F2 S. 49(3)(aa) inserted (30.8.1993) by 1993 c. 19, s. 1(1)(a); S.I. 1993/1908, art. 2(1), Sch.1

F3 Words in s. 49(3)(d) inserted (30.8.1993) by 1993 c. 19, s. 1(1)(b); S.I. 1993/1908, art. 2(1), Sch. 1

F4 Words in s. 49(3)(d)(ii) inserted (30.8.1993) by 1993 c. 19, s. 1(1)(b); S.I. 1993/1908, art. 2(1), Sch.1

F5 S. 49(3A)-(3C) inserted (30.8.1993) by 1993 c. 19, s. 1(1)(c); S.I. 1993/1908, art. 2(1), Sch.1

F6 S. 49(5A)(5B) inserted (30.8.1993) by 1993 c. 19, s. 1(1)(d); S.I. 1993/1908, art. 11)(d); S.I. 1993/1908, art. 2(1), Sch.1

F7 S. 49(8) inserted (30.8.1993) by 1993 c. 19, s. 1(1)(e); S.I. 1993/1908, art. 2(1), Sch.1