Explanatory note

These Regulations amend the Funds for Trade Union Ballots Regulations 1984 (as amended), which set out the terms of a scheme for payment of certain expenditure incurred by independent trade unions in holding secret postal ballots for specified purposes.

The effect of the amendments is to alter the conditions which a ballot must meet in order to be eligible for a payment under the scheme to take account of the following provisions of the Employment Act 1990:

• section 5(1), (2) and (3) of the Act, the effects of which are to alter the meaning of “contract of employment” and “overseas member” in the legislation relating to industrial action ballots;

• section 5(4) of the Act which provides that the voting paper must state the name of the independent scrutineer in certain elections and political fund ballots;

• section 7(1) of the Act which provides, in the case of an industrial action ballot, that the voting paper must specify who is authorised to call upon members to take the industrial action if the vote is in favour.

The Regulations come into force on 1st January 1991.