Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Introduction
In this Act “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992.
Ballot thresholds for industrial action
In section 226 of the 1992 Act (requirement of ballot before action by trade union), in subsection (2)(a), after sub-paragraph (ii) insert—.
Subsection (1) does not apply to any ballot opened before the day on which this section comes into force. For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.
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Electronic balloting
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Information requirements relating to industrial action
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In section 231 of the 1992 Act (information as to result of ballot), for the words after “all persons entitled to vote in the ballot” substitute
Subsection (1) does not apply to any ballot opened before the day on which this section comes into force. For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.
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Timing and duration of industrial action
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In section 234 of the 1992 Act (period after which ballot ceases to be effective), for subsection (1) substitute—
Subsection (1) and paragraphs 13 and 14 of Schedule 4 do not apply to any industrial action the ballot for which opened before the day on which this section comes into force. For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.
Picketing
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Application of funds for political objects
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For section 85 of the 1992 Act substitute—
In section 82 of the 1992 Act (rules as to political fund), in subsection (1), for the word “and” at the end of paragraph (c) substitute—.
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Facility time and check-off
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Certification Officer
In section 254 of the 1992 Act (the Certification Officer), at the end of subsection (2) insert “ (but is not subject to directions of any kind from any Minister of the Crown as to the manner in which he is to exercise his functions) ”.
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Schedule 2, which makes amendments to the 1992 Act in relation to the powers of the Certification Officer, has effect.
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The provisions of the 1992 Act set out below (which provide for certain orders made by the Certification Officer to be enforceable in the same way as orders of the court) are amended as shown.
after “enforced” insert “ by the Officer ”
after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5B)) ”
after “enforced” insert “ (by the Certification Officer or the applicant) ”
after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (6)) ”
after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5C)) ”
after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (8)) ”
after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5C)) ”
after “enforced” insert “ (by the Certification Officer, the complainant or a person mentioned in subsection (4A)) ”
after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (7)) ”
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In each of the following provisions of the 1992 Act, for “on any question of law arising” substitute “ on any question arising ”
section 45D (appeal from Certification Officer on question arising in proceedings etc under section 24B, 24C, 25, 31, 32ZC or 45C);
section 56A (appeal from Certification Officer on question arising in proceedings etc under section 55);
section 95 (appeal from Certification Officer on question arising in proceedings etc under Chapter 6 of Part 1);
section 104 (appeal from Certification Officer on question arising in proceedings etc under section 103);
section 108C (appeals from Certification Officer on question arising in proceedings etc under Chapter 7A of Part 1).
General
Schedule 4 (minor and consequential amendments) has effect.
There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.
An amendment or repeal made by this Act has the same extent as the enactment to which it relates.
Regulations under this section may include saving, transitional or transitory provision.
This Act may be cited as the Trade Union Act 2016.
Certification Officer: investigatory powers: Schedule to be inserted into the 1992 Act
Certification Officer: exercise of powers ... etc
Duty to secure positions not held by certain offenders
Section 45C of the 1992 Act (remedies and enforcement) is amended as follows.
In subsection (1), for “effect.” substitute “ effect; but the Certification Officer may also exercise the powers under this section where no application is made under this section. ”
After that subsection insert—
For subsection (2) substitute—
In subsection (6), for “the application on which the order was made” substitute “ an application under this section ”.
In subsection (7) omit “of the application”.
Elections for certain positions
Section 54 of the 1992 Act (remedy for failure to comply with requirements: general) is amended as follows.
For subsection (1) substitute—
In subsection (2), for the words before paragraph (a) substitute “ An application for a declaration under section 55 or 56 may be made only— ”.
Section 55 of the 1992 Act (application to Certification Officer) is amended as follows.
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For subsections (1) and (2) substitute—
In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”.
In subsection (7) omit “of the application”.
Application of a trade union's funds in the furtherance of political objects
Section 72A of the 1992 Act (application of funds in breach of section 71) is amended as follows.
In subsection (1), for “so.” substitute “ so; but the Certification Officer may also exercise the powers under this section where no application is made. ”
After that subsection insert—
For subsection (2) substitute—
In subsection (6) omit “of the application”.
In subsection (8), for “the application on which the order was made” substitute “ an application under this section ”.
Compliance with political ballot rules
Section 79 of the 1992 Act (remedy for failure to comply with ballot rules: general) is amended as follows.
For subsection (1) substitute—
In subsection (2), for “those sections” substitute “ section 80 or 81 ”.
Section 80 of the 1992 Act (application to Certification Officer) is amended as follows.
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For subsections (1) and (2) substitute—
In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”.
In subsection (7) omit “of the application”.
Rules as to political fund
Section 82 of the 1992 Act (rules as to political fund) is amended as follows.
In subsection (2), for “Officer.” substitute “ Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made. ”
For subsections (2A) and (3) substitute—
In subsection (3A) omit “of the application”.
In subsection (4A), for “the complaint on which it was made” substitute “ a complaint under this section ”.
Ballots on amalgamations or transfers
Section 103 of the 1992 Act (complaints as to passing of resolution) is amended as follows.
In the heading, for “Complaints” substitute “ Powers of Certification Officer ”.
In subsection (1), for “Officer.” substitute “ Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made. ”
Omit subsection (2A).
In subsection (3), for the words before paragraph (a) substitute “ Where the Certification Officer is satisfied that there has been a failure such as is mentioned in paragraph (a) or (b) of subsection (1)— ”.
After that subsection insert—
In subsection (4) omit “on a complaint”.
In subsection (6) omit “of the application”.
In subsection (8), for “the complaint on which the order was made” substitute “ a complaint under this section ”.
Certification Officer: power to impose financial penalties: Schedule to be inserted into the 1992 Act
Minor and consequential amendments
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
Omit section 24C and sections 24ZH to 24ZK of the 1992 Act (which are superseded by the inserted Schedule set out in Schedule 1 to this Act).
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In section 45D of the 1992 Act (appeals from Certification Officer)—
omit “24C,”;
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In section 62 of the 1992 Act (right to a ballot before industrial action), for subsection (2) substitute—
In section 71 of the 1992 Act (restriction on use of funds for political objects), in subsection (1)(b), for sub-paragraph (ii) substitute—.
Section 82 of the 1992 Act (rules as to political fund) is amended as follows.
In subsection (1), for paragraph (b) substitute—.
In subsection (1)(c), for “being so exempt” substitute “ not being a contributor ”.
Section 86 of the 1992 Act is amended as follows.
For the heading substitute “ Employer not to deduct contributions where member gives certificate ”.
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In section 91 of the 1992 Act (rules to cease to have effect), in subsection (4), for the words before paragraph (a) substitute “ A member of a trade union who has at any time not been a contributor to its political fund shall not for that reason— ”.
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In section 118 of the 1992 Act (federated trade unions), in subsection (7), for “not exempt from the obligation to contribute” substitute “ contributors ”.
In section 135 of the 1992 Act (federated employers' associations), in subsection (4), for “not exempt from the obligation to contribute” substitute “ contributors ”.
In section 226 of the 1992 Act (requirement of ballot before action by trade union), in subsection (2)(a), omit the word “and” at the end of sub-paragraph (ii).
In section 233 of the 1992 Act (calling of industrial action with support of ballot), for subsections (1) to (3) substitute—
In section 234 of the 1992 Act (period after which ballot ceases to be effective)—
in subsection (3) omit the words after paragraph (b);
in subsection (6) omit the second sentence.
Section 254 of the 1992 Act (the Certification Officer) is amended as follows.
In subsection (5A) omit “Subject to subsection (6),”.
Omit subsection (6).
In section 256 of the 1992 Act (procedure before the Certification Officer), in subsection (1)(c), for the words after “declaration or” substitute “ order under section 24B, 32ZC, 45C, 55, 72A, 80, 82 or 103 or under paragraph 5 of Schedule A3 ”.
After section 297 of the 1992 Act insert—
In section 298 of the 1992 Act (minor definitions: general), at the appropriate place insert—.
In section 299 of the 1992 Act (index of defined expressions), at the appropriate places insert—
Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)
Article 71 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)) (application to Great Britain unions and members) is amended as follows.
In paragraph (3)—
for “exempt from the obligation to contribute” substitute “ not a contributor ”;
for “so exempt” substitute “ not a contributor to that fund ”.
Omit paragraph (5)(b).
Consequential repeals
In consequence of the amendments made by this Act, omit the following—
in the Trade Union Reform and Employment Rights Act 1993, paragraph 47(b) of Schedule 8;
in the Employment Relations Act 1999, paragraph 10 of Schedule 3 and paragraphs 17(2) and 18(2) of Schedule 6;
in the Employment Relations Act 2004, section 24(2) and paragraph 14 of Schedule 1.