The Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order 2017

Statutory Instruments

2017 No. 878

Terms And Conditions Of Employment

Trade Unions

The Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order 2017

Made

5th September 2017

Laid before Parliament

8th September 2017

Coming into force

1st October 2017

The Secretary of State, in exercise of the powers conferred by paragraphs 25(7)(a) and 117(9)(a) of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992(1), makes the following Order:

Citation and commencement

1.  This Order may be cited as the Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order 2017 and comes into force on 1st October 2017.

Amendment to the Recognition and Derecognition Ballots (Qualified Persons) Order 2000

2.  For article 4 (persons specified by name) of the Recognition and Derecognition Ballots (Qualified Persons) Order 2000(2) substitute—

“4.   The following persons are specified for the purposes of the relevant provisions—

• Electoral Reform Services Limited(3);

• Involvement and Participation Association(4);

• Popularis Limited(5);

• Print Image Network Limited (trading as UK Engage)(6);

• Democracy Technology Limited (trading as Mi-Voice)(7);

• Kanto Elect Limited(8).”

Margot James

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

5th September 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Recognition and Derecognition Ballots (Qualified Persons) Order 2000.

Under Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992, where the Central Arbitration Committee arranges a ballot on the recognition or derecognition of a trade union for collective bargaining, it must appoint a “qualified independent person” to conduct the ballot.

The Recognition and Derecognition Ballots (Qualified Persons) Order 2000 specifies conditions which must be satisfied in order for an individual or a partnership to qualify for appointment as a scrutineer. It also specifies certain bodies by name as being qualified.

This Order amends the 2000 Order by replacing the list of bodies specified by name as being qualified. That list was previously amended in October 2002 by the Recognition and Derecognition (Qualified Persons) Order 2000 (Amendment) Order 2002 and in April 2010 by the Recognition and Derecognition (Qualified Persons) (Amendment) Order 2010.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1992 c.52. Schedule A1 to the Act was inserted by the Employment Relations Act 1999 (c.26), s.1.

(2)

S.I. 2000/1306, amended by S.I. 2002/2268 and S.I. 2010/437.

(3)

A company registered in England and Wales with number 02263092.

(4)

A company registered in England and Wales with number 00648436.

(5)

A company registered in England and Wales with number 04327718.

(6)

A company registered in England and Wales with number 04009079.

(7)

A company registered in England and Wales with number 06397657.

(8)

A company registered in England and Wales with number 10681122.