Section 72L Postal voting (counting of votes etc. by independent person)F1

(1)

The trade union must ensure that—

(a)

the storage and distribution of the voting papers for the purposes of the ballot, and

(b)

the counting of the votes cast in the ballot,

are undertaken by one or more independent persons appointed by the union.

(2)

A person appointed by the union (“P”) is an independent person in relation to a ballot if—

(a)

P is the scrutineer, or

(b)

P is a person other than the scrutineer and the trade union has no grounds for believing either that P will carry out any functions conferred on P in relation to the ballot otherwise than competently or that P’s independence in relation to the union, or in relation to the ballot, might reasonably be called into question.

(3)

An appointment under this section must require P to carry out P’s functions so as to minimise the risk of any contravention of requirements imposed by or under any enactment or the occurrence of any unfairness or malpractice.

(4)

The duty of confidentiality as respects the register is incorporated in an appointment under this section.

(5)

Where P is not the scrutineer, the appointment must require P to send the voting papers back to the scrutineer as soon as reasonably practicable after the counting has been completed.

(6)

The trade union—

(a)

must ensure that nothing in the terms of an appointment under this section is such as to make it reasonable for any person to call into question P’s independence in relation to the union,

(b)

must ensure that P duly carries out P’s functions and that there is no interference with P’s carrying out of those functions which would make it reasonable for any person to call into question P’s independence in relation to the union, and

(c)

must comply with all reasonable requests made by P for the purposes of, or in connection with, the carrying out of P’s functions.

Annotations

Textual amendments

F1: Ss. 72B-72P and cross-heading inserted (25.8.2026) by The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 4(2) (with art. 10)