(1)Entitlement to vote in the ballot must be accorded equally to all the members of the trade union who it is reasonable at the time of the ballot for the union to believe will be induced [F1by the union] to take part or, as the case may be, to continue to take part in the industrial action in question, and to no others.
F2[(2)The requirement in subsection (1) shall be taken not to have been satisfied if any person who was a member of the trade union at the time when the ballot was held and was denied entitlement to vote in the ballot is induced by the union to take part or, as the case may be, to continue to take part in the industrial action].
Textual Amendments
F1Words in s. 227(1) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 23, 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)
F2S. 227(2) omitted (18.9.2000 and repealed prosp.) by virtue of 1999 c. 26, ss. 4, 44, 45, Sch. 3 paras. 1, 4, Sch. 9(1); S.I. 2000/2242, art. 2(2) (with transitional provisions in art. 4)
Modifications etc. (not altering text)
C1S. 227 applied by S.I. 2000/1828, art. 2(5)(b)