The Trade Union Act 2016 (Commencement No. 4 and Transitional) Regulations 2021

Transitional provision in relation to section 79 (Remedy for failure to comply with ballot rules: general) of the 1992 Act

11.  The amendments made to section 79(1) of the 1992 Act by section 17(3) of, and paragraph 5 of Schedule 2 to, the 2016 Act apply only where the trade union’s or unincorporated employers’ association’s holding of a ballot on a political resolution or failure to comply with political ballot rules, which is the subject of the application to the Certification Officer or the court or of the exercise of powers by the Certification Officer, occurs on or after 1st April 2022.

(1)

Section 79 also applies to unincorporated employers’ associations by virtue of section 132 of the 1992 Act.