UKPGA-2016-15 Trade Union Act 2016 UK

Current to 2026-05-08

Contents
preamble

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

s. 1 — Meaning of “the 1992 Act”

In this Act “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992.

Ballot thresholds for industrial action

s. 2 — Ballots: 50% turnout requirement
s. 2(1)

In section 226 of the 1992 Act (requirement of ballot before action by trade union), in subsection (2)(a), after sub-paragraph (ii) insert—.

s. 2(2)

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.

s. 3 — Ballots: 40% support requirement in important public services

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Electronic balloting

s. 4 — Provision for electronic balloting: review and piloting scheme

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Information requirements relating to industrial action

s. 5 — Information to be included on voting paper

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s. 6 — Information to members etc about result of ballot
s. 6(1)

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

s. 6(2)

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.

s. 7 — Information to Certification Officer about industrial action etc

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Timing and duration of industrial action

s. 8 — Two weeks' notice to be given to employers of industrial action

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s. 9 — Expiry of mandate for industrial action
s. 9(1)

In section 234 of the 1992 Act (period after which ballot ceases to be effective), for subsection (1) substitute—

s. 9(2)

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

s. 10 — Union supervision of picketing

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Application of funds for political objects

s. 11 — Opting in by union members to contribute to political funds
s. 11(1)

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s. 11(2)

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s. 11(3)

For section 85 of the 1992 Act substitute—

s. 11(4)

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—.

s. 11(5)

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s. 11(6)

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s. 11(7)

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s. 11(8)

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s. 12 — Union's annual return to include details of political expenditure

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Facility time and check-off

s. 13 — Publication requirements

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s. 14 — Reserve powers

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s. 15 — Restriction on deduction of union subscriptions from wages in public sector

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Certification Officer

s. 16 — Certification Officer not subject to ministerial direction

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) ”.

s. 17 — Investigatory powers etc
s. 17(1)

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s. 17(2)

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s. 17(3)

Schedule 2, which makes amendments to the 1992 Act in relation to the powers of the Certification Officer, has effect.

s. 18 — Enforcement by Certification Officer of new annual return requirements

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s. 19 — Further powers of Certification Officer where enforcement order made
s. 19(1)

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s. 19(2)

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s. 19(3)

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s. 19(4)

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.

Paragraph

after “enforced” insert “ by the Officer ”

Paragraph

after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5B)) ”

Paragraph

after “enforced” insert “ (by the Certification Officer or the applicant) ”

Paragraph

after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (6)) ”

Paragraph

after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5C)) ”

Paragraph

after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (8)) ”

Paragraph

after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5C)) ”

Paragraph

after “enforced” insert “ (by the Certification Officer, the complainant or a person mentioned in subsection (4A)) ”

Paragraph

after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (7)) ”

s. 20 — Power to impose levy

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s. 21 — Rights of appeal not limited to questions of law

In each of the following provisions of the 1992 Act, for “on any question of law arising” substitute “ on any question arising ”

s. 21(a)

section 45D (appeal from Certification Officer on question arising in proceedings etc under section 24B, 24C, 25, 31, 32ZC or 45C);

s. 21(b)

section 56A (appeal from Certification Officer on question arising in proceedings etc under section 55);

s. 21(c)

section 95 (appeal from Certification Officer on question arising in proceedings etc under Chapter 6 of Part 1);

s. 21(d)

section 104 (appeal from Certification Officer on question arising in proceedings etc under section 103);

s. 21(e)

section 108C (appeals from Certification Officer on question arising in proceedings etc under Chapter 7A of Part 1).

General

s. 22 — Minor and consequential amendments

Schedule 4 (minor and consequential amendments) has effect.

s. 23 — Financial provision

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.

s. 24 — Extent

An amendment or repeal made by this Act has the same extent as the enactment to which it relates.

s. 25 — Commencement
s. 25(1)

This Act, apart from sections 23 to 26 (which come into force on the day on which this Act is passed), comes into force on whatever day or days the Secretary of State appoints by regulations made by statutory instrument.

s. 25(2)

Regulations under this section may include saving, transitional or transitory provision.

s. 26 — Short title

This Act may be cited as the Trade Union Act 2016.

Sch 1

Certification Officer: investigatory powers: Schedule to be inserted into the 1992 Act

Sch 2

Certification Officer: exercise of powers ... etc

Duty to secure positions not held by certain offenders

Sch 2 para 1
Sch 2 para 1(1)

Section 45C of the 1992 Act (remedies and enforcement) is amended as follows.

Sch 2 para 1(2)

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. ”

Sch 2 para 1(3)

After that subsection insert—

Sch 2 para 1(4)

For subsection (2) substitute—

Sch 2 para 1(5)

In subsection (6), for “the application on which the order was made” substitute “ an application under this section ”.

Sch 2 para 1(6)

In subsection (7) omit “of the application”.

Elections for certain positions

Sch 2 para 2
Sch 2 para 2(1)

Section 54 of the 1992 Act (remedy for failure to comply with requirements: general) is amended as follows.

Sch 2 para 2(2)

For subsection (1) substitute—

Sch 2 para 2(3)

In subsection (2), for the words before paragraph (a) substitute “ An application for a declaration under section 55 or 56 may be made only— ”.

Sch 2 para 3
Sch 2 para 3(1)

Section 55 of the 1992 Act (application to Certification Officer) is amended as follows.

Sch 2 para 3(2)

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Sch 2 para 3(3)

For subsections (1) and (2) substitute—

Sch 2 para 3(4)

In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”.

Sch 2 para 3(5)

In subsection (7) omit “of the application”.

Application of a trade union's funds in the furtherance of political objects

Sch 2 para 4
Sch 2 para 4(1)

Section 72A of the 1992 Act (application of funds in breach of section 71) is amended as follows.

Sch 2 para 4(2)

In subsection (1), for “so.” substitute “ so; but the Certification Officer may also exercise the powers under this section where no application is made. ”

Sch 2 para 4(3)

After that subsection insert—

Sch 2 para 4(4)

For subsection (2) substitute—

Sch 2 para 4(5)

In subsection (6) omit “of the application”.

Sch 2 para 4(6)

In subsection (8), for “the application on which the order was made” substitute “ an application under this section ”.

Compliance with political ballot rules

Sch 2 para 5
Sch 2 para 5(1)

Section 79 of the 1992 Act (remedy for failure to comply with ballot rules: general) is amended as follows.

Sch 2 para 5(2)

For subsection (1) substitute—

Sch 2 para 5(3)

In subsection (2), for “those sections” substitute “ section 80 or 81 ”.

Sch 2 para 6
Sch 2 para 6(1)

Section 80 of the 1992 Act (application to Certification Officer) is amended as follows.

Sch 2 para 6(2)

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Sch 2 para 6(3)

For subsections (1) and (2) substitute—

Sch 2 para 6(4)

In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”.

Sch 2 para 6(5)

In subsection (7) omit “of the application”.

Rules as to political fund

Sch 2 para 7
Sch 2 para 7(1)

Section 82 of the 1992 Act (rules as to political fund) is amended as follows.

Sch 2 para 7(2)

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. ”

Sch 2 para 7(3)

For subsections (2A) and (3) substitute—

Sch 2 para 7(4)

In subsection (3A) omit “of the application”.

Sch 2 para 7(5)

In subsection (4A), for “the complaint on which it was made” substitute “ a complaint under this section ”.

Ballots on amalgamations or transfers

Sch 2 para 8
Sch 2 para 8(1)

Section 103 of the 1992 Act (complaints as to passing of resolution) is amended as follows.

Sch 2 para 8(2)

In the heading, for “Complaints” substitute “ Powers of Certification Officer ”.

Sch 2 para 8(3)

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. ”

Sch 2 para 8(4)

Omit subsection (2A).

Sch 2 para 8(5)

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)— ”.

Sch 2 para 8(6)

After that subsection insert—

Sch 2 para 8(7)

In subsection (4) omit “on a complaint”.

Sch 2 para 8(8)

In subsection (6) omit “of the application”.

Sch 2 para 8(9)

In subsection (8), for “the complaint on which the order was made” substitute “ a complaint under this section ”.

Sch 3

Certification Officer: power to impose financial penalties: Schedule to be inserted into the 1992 Act

Sch 4

Minor and consequential amendments

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

Sch 4 para 1

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).

Sch 4 para 2

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Sch 4 para 3

In section 45D of the 1992 Act (appeals from Certification Officer)—

Sch 4 para 3(a)

omit “24C,”;

Sch 4 para 3(b)

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Sch 4 para 4

In section 62 of the 1992 Act (right to a ballot before industrial action), for subsection (2) substitute—

Sch 4 para 5

In section 71 of the 1992 Act (restriction on use of funds for political objects), in subsection (1)(b), for sub-paragraph (ii) substitute—.

Sch 4 para 6
Sch 4 para 6(1)

Section 82 of the 1992 Act (rules as to political fund) is amended as follows.

Sch 4 para 6(2)

In subsection (1), for paragraph (b) substitute—.

Sch 4 para 6(3)

In subsection (1)(c), for “being so exempt” substitute “ not being a contributor ”.

Sch 4 para 7
Sch 4 para 7(1)

Section 86 of the 1992 Act is amended as follows.

Sch 4 para 7(2)

For the heading substitute “ Employer not to deduct contributions where member gives certificate ”.

Sch 4 para 7(3)

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Sch 4 para 8

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— ”.

Sch 4 para 9

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Sch 4 para 10

In section 118 of the 1992 Act (federated trade unions), in subsection (7), for “not exempt from the obligation to contribute” substitute “ contributors ”.

Sch 4 para 11

In section 135 of the 1992 Act (federated employers' associations), in subsection (4), for “not exempt from the obligation to contribute” substitute “ contributors ”.

Sch 4 para 12

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).

Sch 4 para 13

In section 233 of the 1992 Act (calling of industrial action with support of ballot), for subsections (1) to (3) substitute—

Sch 4 para 14

In section 234 of the 1992 Act (period after which ballot ceases to be effective)—

Sch 4 para 14(a)

in subsection (3) omit the words after paragraph (b);

Sch 4 para 14(b)

in subsection (6) omit the second sentence.

Sch 4 para 15
Sch 4 para 15(1)

Section 254 of the 1992 Act (the Certification Officer) is amended as follows.

Sch 4 para 15(2)

In subsection (5A) omit “Subject to subsection (6),”.

Sch 4 para 15(3)

Omit subsection (6).

Sch 4 para 16

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 ”.

Sch 4 para 17

After section 297 of the 1992 Act insert—

Sch 4 para 18

In section 298 of the 1992 Act (minor definitions: general), at the appropriate place insert—.

Sch 4 para 19

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)

Sch 4 para 20
Sch 4 para 20(1)

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.

Sch 4 para 20(2)

In paragraph (3)—

Sch 4 para 20(2)(a)

for “exempt from the obligation to contribute” substitute “ not a contributor ”;

Sch 4 para 20(2)(b)

for “so exempt” substitute “ not a contributor to that fund ”.

Sch 4 para 20(3)

Omit paragraph (5)(b).

Consequential repeals

Sch 4 para 21

In consequence of the amendments made by this Act, omit the following—

Sch 4 para 21(a)

in the Trade Union Reform and Employment Rights Act 1993, paragraph 47(b) of Schedule 8;

Sch 4 para 21(b)

in the Employment Relations Act 1999, paragraph 10 of Schedule 3 and paragraphs 17(2) and 18(2) of Schedule 6;

Sch 4 para 21(c)

in the Employment Relations Act 2004, section 24(2) and paragraph 14 of Schedule 1.