Paragraph 5 I1
Section 79 of the 1992 Act (remedy for failure to comply with ballot rules: general) is amended as follows.
For subsection (1) substitute—
“(1)A person alleging that a trade union—
(a)has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or
(b)has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved,
may apply for a declaration under section 80 (by the Certification Officer) or section 81 (by the court); but the Certification Officer may also exercise the powers under section 80 where no application is made.”
In subsection (2), for “those sections” substitute “ section 80 or 81 ”.
Annotations
Commencement
- I1
Sch. 2 para. 5 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 11)
Notes on Schedule 2
Textual amendments
- F1
Words in Sch. 2 heading omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 83(10)(b)(i), 159(2)(o) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 16)