{
  "url": "https://openlegislation.uk/trade-union-act-1984-repealed-16101992/section-13",
  "json_url": "https://openlegislation.uk/trade-union-act-1984-repealed-16101992/section-13.json",
  "legislation": "ukpga/1984/49",
  "legislation_title": "Trade Union Act 1984 (repealed 16.10.1992)",
  "legislation_url": "https://openlegislation.uk/trade-union-act-1984-repealed-16101992",
  "path": "section/13",
  "kind": "section",
  "number": "13",
  "heading": "Ballots: supplementary provisions.",
  "text": "(1) In section 4(1) of the 1913 Act (ballots to be in accordance with rules approved by the Certification Officer) for the words from “every member” to the end there shall be substituted “ the requirements of subsections (1A) to (1F) below would be satisfied in relation to a ballot taken by the union in accordance with those rules. ”\n(2) After subsection (1) of section 4 of the 1913 Act there shall be inserted the following subsections—\n“(1A) Entitlement to vote in the ballot must be accorded equally to all members of the trade union.\n(1B) The method of voting must be by the marking of a voting paper by the person voting.\n(1C) Every person who is entitled to vote in the ballot must—\n(a) be allowed to vote, without interference from, or constraint imposed by, the union or any of its members, officials or employees; and\n(b) so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.\n(1D) So far as is reasonably practicable, every person who is entitled to vote in the ballot must—\n(a) have made available to him—\n(i) immediately before, immediately after, or during his working hours; and\n(ii) at his place of work or at a place which is more convenient for him;\nor be supplied with, a voting paper; and\n(b) to be given—\n(i) a convenient opportunity to vote by post (but no other opportunity to vote);\n(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\n(iii) as alternatives, both of those opportunites (but no other opportunity).\n(1E) The ballot must be conducted so as to secure that—\n(a) so far as is reasonably practicable, those voting do so in secret; and\n(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).\n(1F) In this section—\n“post” means a postal service which—\n(a) is provided by the Post Office or under a licence granted under section 68 of the British Telecommunications Act 1981; or\n(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\n“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.”\n(3) Where it is proposed to hold a ballot, section 4(1) of the 1913 Act shall have effect so as to require the rules of the trade union to be approved in relation to the proposed ballot notwithstanding that approval has been given under that section in relation to a ballot previously held by that union.\n(4) If the Certification Officer is satisfied, and certifies, that rules made for the purposes of complying with the provisions of section 4(1) or section 5(1) of that Act (rules relating to giving to members of notice of right to be exempt from contributing to political fund) have been approved by the principal executive committee of a trade union, those rules shall have effect as rules of the trade union for the purposes of section 4(1) or, as the case may be, 5(1) as it applies in relation to the first review, 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.\n(5) Subsection (4) above applies only where a resolution was in force with respect to the union at the commencement date.\n(6) In subsection (4) above “first review” means a ballot which—\n(a) is held before the expiry of the period of one year beginning with the commencement date; and\n(b) is the first ballot held during that period.\n(7) Where a resolution is in force with respect to a trade union—\n(a) rules made by the union for the purpose of complying with section 4(1) of the 1913 Act in relation to a proposed ballot may provide for overseas members of the union not to be accorded entitlement to vote in the ballot; and\n(b) rules made by the union for the purpose of complying with section 5(1) of the 1913 Act may provide for notice not to be given by the union to its overseas members.\n(8) Where subsection (7) above applies—\n(a) in a case where rules have been made by virtue of paragraph (a) of subsection (7), the Certification Officer shall not withhold his approval under section 4(1) of the 1913 Act on the ground that the rule in question makes such provision in relation to overseas members of the union as is mentioned in subsection (7); and\n(b) in a case where rules have been made by virtue of paragraph (b) of subsection (7), section 5(1) of the 1913 Act shall be taken not to require notice to be given by the union to its overseas members.\n(9) Where, following a notice given by a trade union under subsection (1) of section 5 of the 1913 Act on the passing of a new resolution, a member of the union gives notice of his objection to contribute to the political fund of the union, subsection (2) of that section (effective date of exemption) shall have effect as if the words from “or,in the case” to the end were omitted.\n(10) In this section—\n“new resolution”, in relation to a trade union, means a resolution passed on a ballot held at the time when a resolution is in force in respect of that union; and\n“overseas member” has the same meaning as is given in section 9(1) of this Act.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1984/49/section/13",
    "retrieved_at": "2026-10-29T10:01:15.808485+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}