Part V E+W+S Industrial action

Requirement of ballot before action by trade union E+W+S

[F1 231B Scrutineer’s report. E+W+S

(1) The scrutineer’s report on the ballot shall state whether the scrutineer is satisfied—

(a) that there are no reasonable grounds for believing that there was any contravention of a requirement imposed by or under any enactment in relation to the ballot,

(b) that the arrangements made with respect to the production, storage, distribution, return or other handling of the voting papers used in the ballot, and the arrangements for the counting of the votes, included all such security arrangements as were reasonably practicable for the purpose of minimising the risk that any unfairness or malpractice might occur, and

(c) that he has been able to carry out the functions conferred on him under section 226B(1) without any interference from the trade union or any of its members, officials or employees;

and if he is not satisfied as to any of those matters, the report shall give particulars of his reason for not being satisfied as to that matter.

(2) If at any time within six months from the date of the ballot—

(a) any person entitled to vote in the ballot, or

(b) the employer of any such person,

requests a copy of the scrutineer’s report, the trade union must, as soon as practicable, provide him with one either free of charge or on payment of such reasonable fee as may be specified by the trade union.]

Textual Amendments

F1 S. 231B inserted (30.8.1993) by 1993 c. 19, s. 20(3); S.I. 1993/1908, art. 2(1), Sch.1

Modifications etc. (not altering text)

C1 S. 231B applied (14.8.2000) by S.I. 2000/1828, art. 2(5)(c)