79 Remedy for failure to comply with ballot rules: general.U.K.
[F1(1)A person alleging that a trade union—
(a)has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or
(b)has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved,
may apply for a declaration under section 80 (by the Certification Officer) or section 81 (by the court); but the Certification Officer may also exercise the powers under section 80 where no application is made.]
(2)An application under [F2section 80 or 81] may be made only by a person who is a member of the trade union and, where the ballot has been held, was a member at the time when it was held.
References in [F2section 80 or 81] to a person having a sufficient interest are to such a person.
(3)No such application may be made after the end of the period of one year beginning with the day on which the union announced the result of the ballot.
Textual Amendments
F1S. 79(1) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 5(2); S.I. 2021/1373, reg. 4(b) (with reg. 11)
F2Words in s. 79(2) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 5(3); S.I. 2021/1373, reg. 4(b) (with reg. 11)