§ 49 — Secret ballot

49.—(1) The rules of a registered platform work association relating to the taking of decisions by secret ballot must ensure that —(a)

every member or delegate (as the case may be) has an equal right, and a reasonable opportunity to record his or her vote freely;

(b)

the results of the voting are correctly ascertained and declared; and

(c)

the secrecy of the ballot is properly secured.

(2) The Registrar may, for the purpose of satisfying himself or herself that a secret ballot taken by a registered platform work association has been properly conducted —(a)

order a person to deliver to the Registrar any ballot papers, envelopes, lists or other documents which have been used in connection with or are relevant to the secret ballot and which are in the possession or under the control of that person;

(b)

take possession of any such ballot papers, envelopes, lists or other documents; and

(c)

inspect those ballot papers, envelopes, lists or other documents and retain them for such period as is necessary for that purpose.

(3) Subject to subsection (2) or as may be provided in the rules of the platform work association, no person is allowed to inspect or copy any paper or document relating to a secret ballot.

(4) A registered platform work association and every officer of a registered platform work association who is able to do so must, despite anything in the rules of the platform work association, take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents used in connection with or relevant to a secret ballot are kept at the registered office of the platform work association for a period of 6 months after the completion of the secret ballot.

(5) The secretary of the platform work association must send the results of a secret ballot taken to decide any of the matters specified in paragraph 8 of the Third Schedule to the Registrar within 7 days after the holding of the secret ballot in the form directed by the Registrar.

—(1) The rules of a registered platform work association relating to the taking of decisions by secret ballot must ensure that —(a)

every member or delegate (as the case may be) has an equal right, and a reasonable opportunity to record his or her vote freely;

(b)

the results of the voting are correctly ascertained and declared; and

(c)

the secrecy of the ballot is properly secured.

(2) The Registrar may, for the purpose of satisfying himself or herself that a secret ballot taken by a registered platform work association has been properly conducted —(a)

order a person to deliver to the Registrar any ballot papers, envelopes, lists or other documents which have been used in connection with or are relevant to the secret ballot and which are in the possession or under the control of that person;

(b)

take possession of any such ballot papers, envelopes, lists or other documents; and

(c)

inspect those ballot papers, envelopes, lists or other documents and retain them for such period as is necessary for that purpose.

(3) Subject to subsection (2) or as may be provided in the rules of the platform work association, no person is allowed to inspect or copy any paper or document relating to a secret ballot.

(4) A registered platform work association and every officer of a registered platform work association who is able to do so must, despite anything in the rules of the platform work association, take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents used in connection with or relevant to a secret ballot are kept at the registered office of the platform work association for a period of 6 months after the completion of the secret ballot.

(5) The secretary of the platform work association must send the results of a secret ballot taken to decide any of the matters specified in paragraph 8 of the Third Schedule to the Registrar within 7 days after the holding of the secret ballot in the form directed by the Registrar.