Trade Union Act 1984

1 Duty of trade union to hold elections for certain positions

(1) Subject to the following provisions of this Part of this Act, it shall be the duty of every trade union (notwithstanding anything in its rules) to secure—

(a) that every person who is a voting member of the principal executive committee of the union holds that position by virtue of having been elected as such a member at an election in relation to which section 2 of this Act has been satisfied; and

(b) that no person remains such a member for a period of more than five years without being re-elected at such an election.

(2) Where a person is a voting member of the principal executive committee of a trade union by virtue of holding some other position in that union, subsection (1) above shall apply as if references to a voting member of that committee were references to the holder of that other position.

(3) Where a person—

(a) was a voting member of the principal executive committee of a trade union immediately before an election; and

(b) is not elected at that election as such a member or, as the case may be, as the holder of a position in the union by virtue of which the holder is such a member;

nothing in this section shall be taken to require the union to prevent him from continuing to be such a member, or continuing to hold that position, at any time before the expiry of such period (not exceeding six months) as may reasonably be required for effect to be given to the result of the election.

(4) Any term or condition upon which a person is employed by a trade union shall be disregarded in so far as it would otherwise prevent the union from complying with any provision of this Part.

(5) In this section " principal executive committee ", in relation to a trade union, means the principal committee of the trade union exercising executive functions, by whatever name it is known.

(6) Nothing in this Part shall affect the validity of anything done by the principal executive committee of a trade union.

(7) For the purposes of this section a person is a voting member of the principal executive committee of a trade union if he is entitled in his own right to attend meetings of the committee and to vote on matters on which votes are taken by the committee (whether or not he is entitled to attend all such meetings or to vote on all such matters or in all circumstances).