Trade Union and Labour Relations (Consolidation) Act 1992

115 Payments towards expenditure in connection with secret ballots

(1) The Secretary of State may by regulations make a scheme providing for payments by the Certification Officer towards expenditure incurred by independent trade unions in respect of such ballots to which this section applies as may be prescribed by the scheme.

(2) This section applies to a ballot if the purpose of the question to be asked (or if there is more than one such question, the purpose of any of them) is—

(a) to obtain a decision or ascertain the views of members of a trade union—

(i) as to the acceptance or rejection of a proposal made by an employer in relation to the contractual terms and conditions upon which, or the other incidents of the relationship whereby, a person works or provides services for the employer, or

(ii) as to the calling or ending of a strike or other industrial action;

(b) to carry out an election—

(i) provided for by the rules of a trade union, or

(ii) required by section 46 (duty to hold elections for certain offices),

or to elect a worker who is a member of a trade union to be a representative of other members also employed by his employer;

(c) to amend the rules of a trade union;

(d) to obtain a decision in accordance with Chapter VI on a political resolution within the meaning of that Chapter at a time when there is such a resolution in force in relation to the union;

(e) to obtain a decision in accordance with Chapter VII on a resolution to approve an instrument of amalgamation or transfer;

(f) any other purpose specified by order of the Secretary of State.

(3) The scheme may include provision for payments to be made towards expenditure incurred in respect of arrangements to hold a ballot which is not proceeded with but which would have been a ballot to which this section applies if it had been held.

(4) The circumstances in which and the conditions subject to which payments may be made under the scheme, and the amounts of the payments, shall be such as may be prescribed by the scheme; and the scheme shall include provision for restricting the cases in which payments are made to cases in which the ballot is so conducted as to secure, so far as reasonably practicable, that those voting do so in secret.

(5) Regulations or an order under this section shall be made by statutory instrument; and—

(a) a statutory instrument containing regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament; and

(b) no order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.