OpenLegislation

Paragraph 28

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies if the holding of a ballot has been arranged under paragraph 24 whether or not it has been cancelled.

(2)

The gross costs of the ballot shall be borne—

(a)

as to half, by the employer, and

(b)

as to half, by the union (or unions).

(3)

If there is more than one union they shall bear their half of the gross costs—

(a)

in such proportions as they jointly indicate to the person appointed to conduct the ballot, or

(b)

in the absence of such an indication, in equal shares.

(4)

The person appointed to conduct the ballot may send to the employer and the union (or each of the unions) a demand stating—

(a)

the gross costs of the ballot, and

(b)

the amount of the gross costs to be borne by the recipient.

(5)

In such a case the recipient must pay the amount stated to the person sending the demand, and must do so within the period of 15 working days starting with the day after that on which the demand is received.

(6)

In England and Wales, if the amount stated is not paid in accordance with sub-paragraph (5) it shall, if F1 the county court so orders, be recoverable F2 under section 85 of the County Courts Act 1984 or otherwise as if it were payable under an order of that court.

F3(6A)

F4 Where a warrant of control is issued under section 85 of the 1984 Act to recover an amount in accordance with sub-paragraph (6), the power conferred by the warrant is exercisable , to the same extent and in the same manner as if the union were a body corporate, against any property held in trust for the union other than protected property as defined in section 23(2).

(7)

References to the costs of the ballot are to—

(a)

the costs wholly, exclusively and necessarily incurred in connection with the ballot by the person appointed to conduct it,

(b)

such reasonable amount as the person appointed to conduct the ballot charges for his services, and

(c)

such other costs as the employer and the union (or unions) agree.

Annotations

Textual amendments

F1

Words in Sch. A1 para. 28(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2

Words in Sch. A1 para. 28(6) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 110(2) (with s. 89); S.I. 2014/768, art. 2(1)(b)

F3

Sch. A1 para. 28(6A) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 23(6); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

F4

Words in Sch. A1 para. 28(6A) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 110(3) (with s. 89); S.I. 2014/768, art. 2(1)(b)

Notes on Schedule A1

Textual amendments

F1

Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)

Modifications

C1

Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)

C2

Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)