{
  "url": "https://openlegislation.uk/trade-union-and-labour-relations-consolidation-act-1992/section-94",
  "json_url": "https://openlegislation.uk/trade-union-and-labour-relations-consolidation-act-1992/section-94.json",
  "legislation": "ukpga/1992/52",
  "legislation_title": "Trade Union and Labour Relations (Consolidation) Act 1992",
  "legislation_url": "https://openlegislation.uk/trade-union-and-labour-relations-consolidation-act-1992",
  "path": "section/94",
  "kind": "section",
  "number": "94",
  "heading": "Overseas members of trade union.",
  "text": "(1) Where a political resolution is in force in relation to the union—\n(a) rules made by the union for the purpose of complying with section 72D (trade union without a branch or section in Northern Ireland: trade union with a branch or section in Northern Ireland: political ballot rules) or section 74 (political ballot rules) 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 84A (opt-out information notices) may provide for opt-out information notices not to be given by the union to its overseas members.\n(2) Accordingly, where provision is made in accordance with subsection (1)(a), the Certification Officer shall not on that ground withhold his approval of the rules ; and where provision is made in accordance with subsection (1)(b), section 84A(1) is not to be taken to require opt-out information notices to be given to overseas members ...\n(3) An “overseas member” means a member of the trade union (other than a merchant seaman or offshore worker) who is outside Great Britain throughout the period during which votes may be cast.\nFor this purpose—\n“merchant seaman” means a person whose employment, or the greater part of it, is carried out on board sea-going ships; and\n“offshore worker” means a person in offshore employment, other than one who is in such employment in an area where the law of Northern Ireland applies.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 94(1)(a) inserted (E.W.S.) (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(8)(a) (with art. 10)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 94(1)(a) inserted (E.W.S.) (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(8)(b) (with art. 10)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 94(1)(b) and word inserted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 62(5)(a), 159(2)(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 94(2) inserted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 62(5)(b), 159(2)(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in s. 94(2) omitted (1.3.2017) by virtue of Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 9(3); S.I. 2017/139, reg. 2(n)(i) (with reg. 4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1992/52/section/94",
    "retrieved_at": "2026-10-29T09:35:34.194369+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."
}