The Employment Act 1990 (Commencement and Transitional Provisions) Order 1990

Transitional provisions

7.—(1) Sections 7 (calling of industrial action with support of ballot) and 8 (period after which ballot ceases to be effective) of the Act shall not apply in relation to a ballot if the first day on which votes may be cast in the ballot falls before 1st January 1991.

(2) Where—

(a) it is alleged in proceedings that industrial action did not have the support of a ballot on the ground that there was a call by the trade union to take part or continue to take part in industrial action, or an authorisation or endorsement by the trade union of such action, before the date of the ballot; and

(b) it is determined that the call or authorisation or endorsement occurred before 1st January 1991,

the call shall only be taken to have been made by the union, and industrial action shall only be taken to have been authorised or endorsed by the union if there was an authorisation or endorsement of an act (within the meaning of subsection (2) of section 15 of the Employment Act 1982) which made the act an act done by the union for the purposes of the said section 15 as it stood before the amendments made to it by section 6 of the Act came into force.