# Trade Union Act 1913 (repealed 16.10.1992), Section 4: Approval of rules.

Extent: E+W+S+N.I.

(1) A ballot for the purposes of this Act shall be taken in accordance with rules of the union to be approved for the purpose . . . , by the Certification Officer but the Certification Officer shall not approve any such rules unless he is satisfied that every member has an equal right, and, if reasonably possible, a fair opportunity of voting, and that the secrecy of the ballot is properly securedthe requirements of subsections (1A) to (1F) below and of subsections (2) to (7) of section 15 of the Employment Act 1988 would be satisfied in relation to a ballot taken by the union in accordance with those rules.
(1A) Entitlement to vote in the ballot must be accorded equally to all members of the trade union.
(1B) The method of voting must be by the marking of a voting paper by the person voting.[; and each voting paper—
(a) must state the name of the independent scrutineer and clearly specify the address to which, and the date by which, the voting paper is to be returned;
(b) must be given one of a series of consecutive whole numbers every one of which is used in giving a different number in that series to each voting paper printed or otherwise produced for the purposes of the ballot; and
(c) must be marked with its number.
(1C) Every person who is entitled to vote in the ballot must—
(a) be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees; and
(b) so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.
(1D) So far as is reasonably practicable, every person who is entitled to vote in the ballot must—
(a) have made available to him—
(i) immediately before, immediately after, or during, his working hours; and
(ii) at his place of work or at a place which is more convenient for him;
or be supplied with, a voting paper; and
(b) be given—
(i) a convenient opportunity to vote by post (but no other opportunity to vote);
(ii) an opportunity to vote immediately before, immediately after, or during, his working hours and at his place of work or at a place which is more convenient for him (but no other opportunity); or
(iii) as alternatives, both of those opportunities (but no other opportunity).
(1D) So far as is reasonably practicable every person who is entitled to vote in the ballot must—
(a) have a voting paper sent to him by post at his home address or any other address which he has requested the trade union in writing to treat as his postal address; and
(b) be given a convenient opportunity to vote by post.
(1E) The ballot must be conducted so as to secure that—
(a) so far as is reasonably practicable, those voting do so in secret; and
(b) the votes given in the ballot are fairly and accurately counted (any inaccuracy in counting being disregarded for the purposes of this paragraph if it is accidental and on a scale which could not affect the result of the ballot).
(1F) In this section—
“post” means a postal service which—
(a)is provided by the Post Office or under a licence granted under section 68 of the British Telecommunications Act 1981; or
(b)does not infringe the exclusive privilege conferred on the Post Office by section 66(1) of that Act only by virtue of an order made under section 69 of that Act; and
“working hours”, in relation to an employee, means any time when, in accordance with his contract of employment, he is required to be at work. . . .
(2) If the Certification Officer is satisfied, and certifies, that rules for the purpose of a ballot under this Act or rules made for other purposes of this Act which require approval by the Certification Officer have been approved by a majority of members of a trade union . . . , voting for the purpose, or by a majority of delegates of such a trade union voting at a meeting called for the purpose those rules shall have effect as rules of the union, notwithstanding that the provisions of the rules of the union as to the alteration of rules or the making of new rules have not been complied with.

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Source: https://www.legislation.gov.uk/ukpga/Geo5/2-3/30/section/4 (the official version)
Page: https://openlegislation.uk/trade-union-act-1913-repealed-16101992/section-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.