(1)Section 1 of the M1Employment Act 1980 (payments in respect of secret ballots) shall have effect as amended by subsections (2) to (4) below.
(2)In subsection (3) (ballots to which the section applies)—
(a)in paragraph (b) (election provided for by the union’s rules) at the end there shall be inserted the words “ or in relation to which section 2 of the Trade Union Act 1984 is required to be satisfied ”; and
(b)after paragraph (e) there shall be inserted—
“(f)obtaining a decision on a resolution for the purposes of section 3 of the Trade Union Act 1913”.
(3)After subsection (3) there shall be inserted the following subsection—
“(3A)Notwithstanding anything in subsections (2) and (3) above, this section does not apply to any ballot held by a trade union, if—
(a)the purpose of any question to be voted upon is the obtaining of a decision of the kind mentioned in paragraph (f) of subsection (3); and
(b)the ballot is held at a time when there is no resolution in force in respect of that union under section 3 of the Act 1913.”
(4)In subsection (5) (ballots to be conducted so as to secure that those voting may do so in secret) the word “may”, where it last occurs, shall be omitted.
(5)In section 2(2)(b) of the Act of 1980 (ballots to which section 2 applies to be conducted so as to secure that those voting may do so in secret), the word “may” shall be omitted.
Marginal Citations