Article 3 Transitional provision

(1)

The Code of Practice does not apply to—

(a)

a ballot or election in relation to which, before the appointed day, a scrutineer has been appointed;

(b)

a ballot held under section 73(1) (political resolution) of the 1992 Act^f1 in relation to which, before the appointed day, political ballot rules have been submitted to the Certification Officer for approval in accordance with section 74(1) of that Act;

(c)

a ballot held under section 97(1)(b) (amalgamation) or section 97(2)(b) (transfer of engagements) of the 1992 Act^f2 in relation to which, before the appointed day, the instrument of amalgamation or transfer has been submitted to the Certification Officer for approval in accordance with section 98(1) of that Act^f3;

(d)

a ballot held under section 226(1)(a) (industrial action) of the 1992 Act^f4 in relation to which, before the appointed day, the trade union has given the employer notice in accordance with section 226A(1) of that Act^f5.

(2)

In this article, “the appointed day” means the date referred to in article 2.

Annotations

Footnotes

f1: Section 73(1) was amended by S.I. 2026/881.
f2: Sections 97(1)(b) and (2)(b) were amended by paragraph 52 of Schedule 8 to the Trade Union Reform and Employment Rights Act 1993 (c. 19) and S.I. 2026/881.
f3: Section 98(1) was amended by paragraph 53 of Schedule 8 to the Trade Union Reform and Employment Rights Act 1993 (c. 19).
f4: Section 226(1) was amended by section 18 of, and paragraph 73 of Schedule 8 to, the Trade Union Reform and Employment Rights Act 1993 (c. 19).
f5: Section 226A was inserted by section 18 of the Trade Union Reform and Employment Rights Act 1993 (c. 19). Section 226A(1) was amended by section 22 of the Employment Relations Act 2004 (c. 24) and S.I. 2026/881.