The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993

• Citation: S.I. 1993/1909
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993 and shall come into force on 30 August 1993.

(2) In this Order, unless the context otherwise requires—

“an individual potentially qualified to be a scrutineer” means an individual who satisfies the requirement specified in either paragraph (a) of article 3 or paragraph (a) of article 4;

“the 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992;

“the relevant provisions” means the provisions of sections 49(2)(a), 75(2)(a), 100A(2)(a) and 226B(2)(a) of the 1992 Act.

Section 2 Qualifications

An individual satisfies the condition specified for the purposes of the relevant provisions in relation to a ballot or election, (as the case may be), if he satisfies the condition specified in article 3 or 4.

Section 3 Qualifications

An individual satisfies this condition if—

(a) he has in force a practising certificate issued by the Law Society of England and Wales or the Law Society of Scotland; and

(b) he is not disqualified from satisfying this condition by virtue of article 5.

Section 4 Qualifications

An individual satisfies this condition if—

(a) he is qualified to be an auditor of a trade union by virtue of section 34(1) of the 1992 Act; and

(b) he is not disqualified from satisfying this condition by virtue of article 5.

Section 5 Qualifications

(1) An individual potentially qualified to be a scrutineer does not satisfy the condition specified in article 3 or 4 if he or any existing partner of his has—

(a) during the preceding 12 months, been a member, an officer or an employee of the trade union proposing to hold the ballot or election; or

(b) in acting at any time as a scrutineer for any trade union, knowingly permitted any member, officer or employee of the trade union to assist him in carrying out any of the functions referred to in sections 49(3), 75(3), 100A(3) and 226B(1) of the 1992 Act.

(2) References in this article to an officer shall be construed as not including an auditor.

Section 6 Qualifications

A partnership satisfies the condition specified for the purposes of the relevant provisions in relation to a ballot or election, (as the case may be), if—

(a) every member of the partnership is an individual potentially qualified to be a scrutineer; and

(b) no member of the partnership is disqualified from being a scrutineer by virtue of article 5.

Section 7 Persons specified by name

The following persons are specified for the purposes of the relevant provisions—

Electoral Reform Ballot Services Limited;

The Industrial Society; and

Unity Security Balloting Services Limited.

Section 8 Persons specified by name

The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1988 is hereby revoked.