Timing and duration of industrial action

I19Expiry of mandate for industrial action

1

In section 234 of the 1992 Act (period after which ballot ceases to be effective), for subsection (1) substitute—

1

Industrial action that is regarded as having the support of a ballot shall cease to be so regarded at the end of the period, beginning with the date of the ballot—

a

of six months, or

b

of such longer duration not exceeding nine months as is agreed between the union and the members' employer.

1A

Subsection (1) has effect—

a

without prejudice to the possibility of the industrial action getting the support of a fresh ballot; and

b

subject to the following provisions.

2

Subsection (1) and paragraphs 13 and 14 of Schedule 4 do not apply to any industrial action the ballot for which opened before the day on which this section comes into force.

For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.