Section 12 Political fund resolutions: periodical ballots.
United Kingdom
In this Part of this Act references to a “resolution” are to a resolution under section 3 of the 1913 Act (restriction on application of trade union funds for certain political purposes).
A resolution shall, if it has not previously beem rescinded, cease to have effect—
on the expiry of the period of ten years beginning with the date (whether before or after the commencement date) of the ballot on which it was passed; or
if a ballot is held before the expiry of that period and the result of the ballot is that a new resolution is not passed, on the expiry of the period of two weeks beginning with the date of the ballot.
For the purposes of this section, any resolution which—
is in force on the commencement date; and
was passed more than nine years before that date;
shall be deemed to have been passed nine years before that date.
Where a trade union holds a ballot at a time when a resolution (the “old resolution”) is in force in respect of that union and the result of the ballot is that a new resolution is passed, the old resolution shall be treated as rescinded on the passing of the new resolution.
Where two or more trade unions have amalgamated under the 1964 Act and by virtue of section 5(4) of that Act the amalgamated union is treated as having passed a resolution immediately after the amalgamation, that resolution shall, for the purposes of this section, be treated as having been passed on the date of the earliest of the ballots on which the resolutions in force immediately before the amalgamation with respect to the amalgamating unions were passed.
Notes on the whole Act
Textual amendments
- F1
Act repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1