The Funds for Trade Union Ballots (Amendment) Regulations 1990

• Citation: S.I. 1990/2379
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Funds for Trade Union Ballots (Amendment) Regulations 1990 and shall come into force on 1st January 1991.

Section 2 Interpretation

In these Regulations—

“the 1984 Act ” means the Trade Union Act 1984 ;

“the 1984 Regulations ” means the Funds for Trade Union Ballots Regulations 1984 .

Section 3 Definitions

(1) In regulation 3 of the 1984 Regulations (interpretation)—

(a) the definition of “contract of employment” shall be omitted;

(b) the words ““overseas member”” and “and “working hours”” shall be omitted, and after the word ““section”” there shall be inserted “and”;

(c) there shall be inserted after the definition of “the date of the ballot”—

“overseas member” has the meaning given in section 9(1) of the 1984 Act, as read (in the case only of a ballot which includes a question the purpose of which falls within paragraph (a) of regulation 5 below) with section 5(2) and (3) of the Employment Act 1990 ;

(d) there shall be inserted after the definition of “strike”—

“working hours” has the meaning given by section 11(11) of the 1984 Act, as read (in the case only of a ballot which includes a question the purpose of which falls within paragraph (a) of regulation 5 below) with section 5(1) of the Employment Act 1990;

(2) In each of the definitions inserted by sub-paragraphs (c) and (d) above, the words from “as read” to the end shall not apply in relation to a ballot if the first day on which votes may be cast in the ballot falls before 1st January 1991.

Section 4 Additional condition relating to industrial action ballots

(1) In regulation 12(b) of the 1984 Regulations (condition applying to a ballot concerned with industrial action), in the reference to provisions in section 11 of the 1984 Act after the words “(3), (4)” there shall be inserted “, (4A)” .

(2) This regulation shall not apply in relation to a ballot if the first day on which votes may be cast in the ballot falls before 1st January 1991.

Section 5 Additional condition relating to elections and political fund ballots

(1) In regulation 12(ec) of the 1984 Regulations (condition applying to a ballot carrying out an election governed by Part I of the 1984 Act or concerned with renewal of the adoption of political objects)—

(a) the word “and” at the end of sub-paragraph (ii) shall be omitted; and

(b) at the end there shall be inserted

and

(iv) stated the name of the scrutineer.

(2) This regulation shall not apply in relation to a ballot if the scrutineer begins to carry out his functions in relation to the ballot before 1st January 1991.