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Trade Union Reform and Employment Rights Act 1993

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17 Requirement of postal ballot.E+W+S

In section 230 of the 1992 Act (conduct of ballot), for subsections (2) and (3) (method of voting) there shall be substituted—

(2)Except as regards persons falling within subsection (2A), 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 any other 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.

(2A)Where a merchant seaman to whom this subsection applies is entitled to vote in the ballot he must, so far as is reasonably practicable—

(a)have a voting paper made available to him while he is on board the ship or is at a place where the ship is; and

(b)be given an opportunity to vote while he is on board the ship or is at a place where the ship is.

(2B)Subsection (2A) applies to a merchant seaman who the trade union reasonably believes will, throughout the period during which votes may be cast in the ballot, be employed in a ship either at sea or at a place outside Great Britain.

(2C)In subsections (2A) and (2B) “merchant seaman” means a person whose employment, or the greater part of it, is carried out on board sea-going ships..

Modifications etc. (not altering text)

C1S. 17 restricted (27.7.1993) by S.I. 1993/1908, art. 3(7).

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