# The Code of Practice (Electronic and Workplace Balloting for Statutory Trade Union Ballots) Order 2026, 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 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 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;
(d) a ballot held under section 226(1)(a) (industrial action) of the 1992 Act 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.
(2) In this article, “the appointed day” means the date referred to in article 2.

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Source: https://www.legislation.gov.uk/uksi/2026/880/article/3 (the official version)
Page: https://openlegislation.uk/code-of-practice-electronic-and-workplace-balloting-for-statutory-trade-union-ballots-order-2026/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.