- Conference
- 2004 National Delegate Conference
- Date
- 2 March 2004
- Decision
- Carried
Delete all, including Appendix 1 and 2, and replace with:
“Schedule E: Political Fund Ballot
RULES FOR BALLOT TO MAINTAIN A POLITICAL FUND
UNISON
PARTIAL ALTERATION OF RULES
Rules for a ballot under section 74 of the Trade Union and Labour Relations (Consolidation) Act 1992 (as amended).
GENERAL
1. The executive shall be responsible to the Union for securing that the ballot which is held to maintain a political fund is conducted in accordance with these rules. This overall responsibility cannot be delegated, even where the responsibility for carrying out a particular duty falls upon a person not subject to the rules of the Union.
Administration tasks for the conduct of such a ballot may be delegated in accordance with the rules or practice of the union.
INTERPRETATION
2. In these ballot rules, unless the context otherwise requires:
“the Act” means the Trade Union and Labour Relations (Consolidation) Act 1992 (as amended);
“the Certification Officer” means the Certification Officer for Trade Unions and Employer’s Associations whose address is Brandon House, 180 Borough High Street, London SE1 1LW.
“dispatch envelope” means the envelope (in the form required by these rules) in which the voting paper and return envelope are dispatched to the member;
“executive” means the National Executive Council;
“independent person” means the person or persons appointed to act as the independent person or persons in respect of the ballot under the provisions of section 77A of the Act and these rules;
“person” in relation to the position of an independent person or a scrutineer, includes an unincorporated or incorporated body of persons;
“proper address” in relation to any member means his/her home address or other address which he/she has requested the Union in writing to treat as his/her postal address under Section 24(5) of the Act;
“return envelope” means an envelope in the form required by these rules;
“scrutineer” means the independent person appointed by the Union to that position in relation to the ballot under section 75 of the Act and these rules;
“the period specified before disposal” means the end of the period of one year beginning with the day of the announcement by the Union of the result of the ballot or, if within that period an application is made under section 80 or 81 (complaint of failure to comply with the ballot rules) of the Act, until the Certification Officer or the court authorises him/her to dispose of the papers or, as the case may be, records;
“voting paper” or “ballot paper” means a voting paper in the form required by these rules.
PURPOSE OF THESE RULES
3. These rules are adopted for the purposes of a ballot under section 73 of the Act and apply only to such a ballot.
COPIES OF THESE RULES TO BE AVAILABLE TO MEMBERS
4. The executive shall ensure that a copy of these rules is supplied, free of charge, or on payment of a reasonable charge to any member of the Union who requests a copy.
APPOINTMENT OF A SCRUTINEER WHERE THE SCRUTINEER ACTS AS THE INDEPENDENT PERSON
5. Before the ballot is held, a scrutineer shall be appointed to carry out the functions in relation to the ballot as are required under the Act, to act as the independent person both (under section 77A of the 1992 Act) in relation to the ballot and to carry out such additional functions as are specified in the appointment.
6. A person is eligible for appointment as scrutineer if:
(a) the person satisfies the conditions which are for the time being specified by the Secretary of State pursuant to section 75 (2) of the Act or is a person specified in an order made under that section (the conditions and the persons specified by the Secretary of State were, at the time of the adoption of these rules, contained in The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 2002 (SI 2002/2267) – available at www.hmso.gov.uk ); and
(b) there are no grounds for believing that the person in question will carry out any function conferred on him/her in relation to the ballot otherwise than competently; or that his/her independence in relation to the Union or in relation to the ballot might reasonably be called into question.
TERMS OF THE APPOINTMENT
7. The terms of the appointment shall require the scrutineer:
(a)to supervise the production of the voting papers and to undertake the storage and distribution of the voting papers and the counting of votes cast;
(b) to be the person to whom the voting papers are returned by those voting;
(c) to inspect the register of names and addresses of members of the Union or to examine the copy of the register as at the relevant date which is supplied to him/her in accordance with section 75(5A)(a) of the Act whenever it appears to him/her appropriate to do so and in particular where the conditions specified in section 75(3A) of the Act are satisfied;
(d) take such steps as appear to be appropriate to the scrutineer for the purpose of enabling him/her to make a report under these rules;
(e) to make that report to the Union as soon as is reasonably practicable after the last date for the return of voting papers;
(f)to retain custody of and keep secure in a safe place all voting papers returned for the purposes of the ballot, together with the relevant copy of the register of names and addresses of members entitled to vote and supplied to him/her by the Union for the period specified before disposal; as defined in rule 2;
(g)to carry out such other functions in relation to the ballot as are required of him/her under these rules or otherwise, as the executive consider