Explanatory note
(This note is not part of the Order)
Section 15 of the Employment Act 1988 requires certain ballots and elections held by trade unions to be supervised by a qualified independent person (known as a “scrutineer”) appoin- ted by the trade union. This Order specifies the conditions which a person must meet to be eligible for appointment as a scrutineer and specifies three bodies by name as being eligible for appointment as scrutineers.
A person who meets the specified conditions or a body specified may be appointed as scrutineer of a ballot or election provided that the trade union has no grounds for believing—
that the person or body will carry out his functions less than competently; or
that the independence of the person or body in relation to the union, or the ballot or election, is open to question.
The Order comes into force on 1st February 1989, the same date as that on which section 15 comes into force.