Trade Union Reform and Employment Rights Act 1993 (c. 19)

(The document as of February, 2008)

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(3) For the purposes of the application of the enactments applied by subsection (1) in relation to a relevant member of the House of Lords staff--

(a) the reference in paragraph 1(5)(c) of Schedule 9 to a person's undertaking or any undertaking in which he works shall be construed as a reference to the national interest or, if the case so requires, the interests of the House of Lords; and

(b) any other reference to an undertaking shall be construed as a reference to the House of Lords.

(4) Where the terms of his contract of employment restrict the right of a relevant member of the House of Lords staff to take part in--

(a) certain political activities, or

(b) activities which may conflict with his official functions,

nothing in section 29 shall require him to be allowed time off work for public duties connected with any such activities.

(5) In this section--

"relevant member of the House of Lords staff" means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords;
"civil employment claim" means a claim arising out of or relating to a contract of employment or any other contract connected with employment, or a claim in tort arising in connection with a person's employment; and
"the court" means the High Court or the county court.

(6) For the purposes of the application of the enactments applied by subsection (1) and of any civil employment claim in relation to a person continuously employed in or for the purposes of the House of Lords up to the time when he became so employed under a contract of employment with the Corporate Officer of the House of Lords, his employment shall not be treated as having been terminated by reason only of a change in his employer before or at that time. " .

12 In section 277 of the 1992 Act (House of Lords staff)--

(a) in subsection (1), for the words "Sections 137 to 143 (rights in relation to trade union membership: access to employment)" there shall be substituted the words "The provisions of this Act (except those specified below)",

(b) after that subsection there shall be inserted--

" (1A) The following provisions are excepted from subsection (1)--

sections 184 and 185 (remedy for failure to comply with declaration as to disclosure of information),

Chapter II of Part IV (procedure for handling redundancies). " ,

(c) in subsection (2), after the word "bringing" there shall be inserted the words "a civil employment claim before the court or from bringing",

(d) after that subsection there shall be inserted--

" (2A) For the purposes of the application of the other provisions of this Act as they apply by virtue of this section--

(a) the reference in section 182(1)(e) (disclosure of information for collective bargaining: restrictions) to a person's undertaking shall be construed as a reference to the national interest or, if the case so requires, the interests of the House of Lords; and

(b) any other reference to an undertaking shall be construed as a reference to the House of Lords. " , and

(e) for subsections (3) to (6) there shall be substituted--

" (3) In this section--

"relevant member of the House of Lords staff" means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords;
"civil employment claim" means a claim arising out of or relating to a contract of employment or any other contract connected with employment, or a claim in tort arising in connection with a person's employment; and
"the court" means the High Court or a county court. " .

Power to extend 1978 Act in certain health and safety cases

13 In section 149 of the 1978 Act (general power to amend Act), after subsection (2) there shall be inserted--

" (2A) The Secretary of State may by order provide that, subject to any such modifications and exceptions as may be prescribed in the order, sections 22A to 22C (and any other provisions of this Act so far as relating to those sections) shall apply to such descriptions of persons other than employees as may be prescribed in the order as they apply to employees (but as if references to their employer were references to such person as may be so prescribed). " .

Power to provide for continuity of employment following reinstatement or re-engagement

14 In Schedule 13 to the 1978 Act (computation of period of employment), in paragraph 20 (re-instatement or re-engagement of dismissed employee)--

(a) in sub-paragraph (2)(a), for the words "complaint under section 67" there shall be substituted the words "relevant complaint of dismissal";

(b) in sub-paragraph (2)(c), for the words "section 134(3)" there shall be substituted the words "his relevant conciliation powers or";

" (d) of the making of a relevant compromise contract. " ; and

(d) after sub-paragraph (2) there shall be inserted--

" (3) In sub-paragraph (2)--

"relevant complaint of dismissal" means a complaint under section 67 of this Act, a complaint under section 63 of the [1975 c. 65.] Sex Discrimination Act 1975 arising out of a dismissal or a complaint under section 54 of the [1976 c. 74.] Race Relations Act 1976 arising out of a dismissal;
"relevant conciliation powers" means section 134(3) of this Act, section 64(2) of the Sex Discrimination Act 1975 or section 55(2) of the Race Relations Act 1976; and
"relevant compromise contract" means an agreement or contract authorised by section 140(2)(fa) or (fb) of this Act, section 77(4)(aa) of the Sex Discrimination Act 1975 or section 72(4)(aa) of the Race Relations Act 1976. " .

Codes of practice on employment : use in proceedings

15 In section 56A of the Sex Discrimination Act 1975 (codes of practice in the field of employment), in subsection (10) (relevance of codes in proceedings under that Act before industrial tribunals), after the words "under this Act" there shall be inserted the words "or the [1970 c. 41.] Equal Pay Act 1970".

Parliamentary procedure: orders modifying application of redundancy provisions

16 In section 149 of the 1978 Act (general power to amend Act)--

(a) in subsection (4) (orders to be subject to affirmative procedure), for the words "subsection (1)" there shall be inserted the words "this section, other than one to which subsection (5) applies,", and

(b) after subsection (4) there shall be inserted--

" (5) This subsection applies to an order under subsection (1)(b) which specifies only provisions contained in Part VI. " .

Miscellaneous minor corrections and amendments

17 In section 21(6) of the 1992 Act (repudiation by trade union of certain acts) for the words "six months" there shall be substituted the words "three months".

18 In section 34(5) of the 1992 Act (eligibility for appointment as auditor), the second sentence shall be omitted.

19 In section 35(5) of the 1992 Act (appointment and removal of auditors)--

(a) for the words "subsections (1) to (6)" there shall be substituted the words "subsections (1) to (4)", and

(b) for the words "subsection (7)" there shall be substituted the words "subsection (5)".

20 In section 110(3) of the 1992 Act (consideration by Commissioner of application for assistance for certain legal proceedings) for the word "(f)" there shall be substituted the word "(e)" and for the words "or ballot" there shall be substituted the words "or political ballot".

21 In section 158 of the 1992 Act (special award in cases of dismissal on grounds related to union membership or activities) after subsection (6) there shall be inserted--

" (7) Schedule 14 to the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (calculation of a week's pay) shall apply for the purposes of this section with the substitution, for paragraph 7, of the following:--

For the purposes of this Part in its application to section 158 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992, the calculation date is--

(a) where the dismissal was with notice, the date on which the employer's notice was given;

(b) where paragraph (a) does not apply, the effective date of termination. " .

22 In section 166(1) of the 1992 Act (consequences of failure to comply with order of reinstatement or re-engagement), for "(5)(a)" there shall be substituted "(5)".

23 In section 187(2) of the 1992 Act (meaning of refusal to deal where refusal on grounds of union exclusion), paragraph (c) shall become subparagraph (iii) of paragraph (b) and there shall be inserted as paragraph (c) the following, preceded by "or", namely--

" (c) he terminates a contract with that person for the supply of goods or services. " .

24 In section 228 of the 1992 Act (separate workplace ballots before action by trade union) after subsection (3) there shall be inserted--

" (4) In this section "place of work", in relation to any person who is employed, means the premises occupied by his employer at or from which that person works or, where he does not work at or from any such premises or works at or from more than one set of premises, the premises occupied by his employer with which his employment has the closest connection. " .

25 In section 229(3) of the 1992 Act (voting paper for industrial action ballot) for the word "20(3)" there shall be substituted the word "20(2)".

26 In section 246 of the 1992 Act (minor definitions relating to industrial action provisions) the definition of "place of work" shall be omitted.

27 In section 278(4)(c) of the 1992 Act (House of Commons staff), after the word "in" there shall be inserted the word "section".

Section 49(2).

SCHEDULE 8 Consequential amendments

The Factories Act 1961 (c. 34)

1 In section 119A of the Factories Act 1961 (notice of employment of a young person to be sent to local careers office), in subsection (2)(a) (definition of "local careers office"), for the words from ", under" to "the arrangements)" there shall be substituted the words "services are provided in pursuance of arrangements made, or a direction given, under section 10 of the [1973 c. 50.] Employment and Training Act 1973 in the area".

The Parliamentary Commissioner Act 1967 (c. 13)

2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation) there shall be inserted at the appropriate place-- " Office of the Commissioner for Protection Against Unlawful Industrial Action. " .

The Chronically Sick and Disabled Persons Act 1970 (c. 44)

3 In section 13(2) of the Chronically Sick and Disabled Persons Act 1970 (youth employment service), for the words "section 10(1)" there shall be substituted the words "section 10(6)".

The Employment Agencies Act 1973 (c. 35)

4 In section 13(7) of the Employment Agencies Act 1973 (exclusions from provisions of that Act), after paragraph (g) there shall be inserted--

" (ga) services provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973; " .

The Employment and Training Act 1973 (c. 50)

5 In section 5(2)(a) of the Employment and Training Act 1973 (power to appoint advisers with respect to performance of certain functions), for the words from "on him" to the end there shall be substituted the words "or imposed on him by sections 2, 8 to 10 and 12 of this Act; and".

The House of Commons Disqualification Act 1975 (c. 24)

6 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) there shall be inserted at the appropriate place-- " Commissioner for Protection Against Unlawful Industrial Action. " .

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

7 In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) there shall be inserted at the appropriate place-- " Commissioner for Protection Against Unlawful Industrial Action. " .

The Sex Discrimination Act 1975 (c. 65)

8 In section 15 of the Sex Discrimination Act 1975 (employment agencies etc.)--

(a) for subsection (2) there shall be substituted--

" (2) It is unlawful for a local education authority or education authority or any other person to do any act in providing services in pursuance of arrangements made, or a direction given, under section 10 of the [1973 c. 50.] Employment and Training Act 1973 which constitutes discrimination. " , and

(b) in subsection (5), for the words "or an education authority" there shall be substituted the words ", education authority or other person".

The Race Relations Act 1976 (c. 74)

9 In section 14 of the Race Relations Act 1976 (employment agencies etc.)--

(a) for subsection (2) there shall be substituted--

" (2) It is unlawful for a local education authority or education authority or any other person to do any act in providing services in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973 which constitutes discrimination. " , and

(b) in subsection (5), for the words "or an education authority" there shall be substituted the words ", education authority or other person".

The Employment Protection (Consolidation) Act 1978 (c. 44)

10 In section 11 of the 1978 Act (enforcement of right to employment particulars)--

(a) in subsection (1) (references to determine what statement an employer ought to have given the employee), after the words "as required by section 1 or 4(1) or 8" there shall be inserted the words "(that is to say, either because he gives him no statement or because the statement he gives does not comply with those requirements)";

(b) in subsection (4)(b) (questions as to particulars which ought to have been included in a note about disciplinary procedures), for the words "a note under section 1(4)" there shall be substituted the words "the note required by section 3 to be included in the statement under section 1"; and

(c) in subsection (9) (time limit of three months for applications to industrial tribunals), at the end, there shall be inserted the words-- " or--

(b) within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the application to be made before the end of that period of three months " ; and after the word "made" (in the second place where it occurs) there shall be inserted "(a)".

11 In section 53 of the 1978 Act (written statement of reasons for dismissal), in subsection (4) (complaint on ground of unreasonable refusal to provide written statement under subsection (1))--

(a) for the words "refused to provide a written statement under subsection (1)" there shall be substituted the words "failed to provide a written statement under this section", and

(b) for the words "that subsection" there shall be substituted the words "this section".

12 In section 56 of the 1978 Act (failure to permit woman to return to work under section 47 treated as dismissal for purposes of unfair dismissal provisions), for the words "is entitled to return to work and has exercised her right to return in accordance with section 47" there shall be substituted the words "has the right to return to work under section 39 and has exercised it in accordance with section 42".

13 In section 56A of the 1978 Act (exclusion of section 56)--

(a) in subsection (1)(a), for the words "her absence began" there shall be substituted the words "the end of her maternity leave period (or, if it ends by reason of dismissal, immediately before the dismissal)", and

(b) in subsections (1)(b), (2)(a) and (3)(b), for the words "section 45(1)" there shall be substituted the words "section 39".

14 In section 59 of the 1978 Act (dismissal on ground of redundancy)--

(a) for the word "he", in both places where it occurs, and the word "him" there shall be substituted the words "the employee",

(b) for the words "in his case" there shall be substituted the words "in the case of the employee", and

" (3) For the purposes of this Part "a redundancy case" means a case where the reason or principal reason for the dismissal was that the employee was redundant but the equal application of the circumstances to non-dismissed employees is also shown. " .

15 In section 61 of the 1978 Act (dismissal of replacement)--

(a) in subsection (1)(a) (dismissal of employee on return to work of employee absent because of pregnancy or confinement)--

(i) for the words "return to work of" there shall be substituted the words "resumption of work by", and

(ii) for the word "confinement" there shall be substituted the word "childbirth", and

(b) in subsection (2) (dismissal of employee on resumption of work by employee suspended as mentioned in section 19)--

(i) after the word "19" there shall be inserted the words "or 45", and

(ii) for the words "other employee to resume his original work" there shall be substituted the words "resumption of work by the other employee".

16 In section 65 of the 1978 Act (exclusion in respect of dismissal procedures agreement), in subsection (4) (disapplication of subsection (3) in case of right not to be dismissed for any reason mentioned in section 60(1) or (2)), for the words from "right" to the end there shall be substituted the words "right conferred by section 60 or 60A(1).".

17 In section 86 of the 1978 Act (failure to permit woman to return to work under section 47 treated as dismissal for purposes of redundancy provisions), for the words "is entitled to return to work and has exercised her right to return in accordance with section 47" there shall be substituted the words "has the right to return to work under section 39 and has exercised it in accordance with section 42".

18 In section 122 of the 1978 Act (employee's rights on insolvency of employer), in subsection (4) (amounts treated as arrears of pay), after paragraph (c) there shall be inserted--

" (ca) remuneration on suspension on maternity grounds under section 47; " .

19 In section 132 of the 1978 Act (recoupment of benefits), in subsection (1)(b) (payments from which provision for recoupment may be made), after the words "or section" there shall be inserted the words "47 or".

20 In section 133(1)(a) of the 1978 Act (conciliation)--

(a) after the word "19", there shall be inserted the word "22A,", and

(b) after the word "31A," there shall be inserted the words "46, 47,".

21 In section 140 of the 1978 Act (restrictions on contracting-out), in subsection (2) (exceptions), after paragraph (f) there shall be inserted--

" (fa) to any agreement to refrain from instituting or continuing any proceedings before an industrial tribunal where the tribunal has jurisdiction in respect of the proceedings by virtue of an order under section 131; " .

22 In section 141(1) of the 1978 Act (disapplication of sections 1 to 4 in case of employees engaged in work wholly or mainly outside Great Britain), for the words "unless the employee ordinarily works in Great Britain and the work outside Great Britain is for the same employer" there shall be substituted the words " unless--

(a) the employee ordinarily works in Great Britain and the work outside Great Britain is for the same employer, or

(b) the law which governs his contract of employment is the law of England and Wales or of Scotland " .

23 In section 144 of the 1978 Act (mariners), for subsection (1) there shall be substituted--

" (1) Sections 1 to 4 and 49 to 51 do not apply to a person employed as a seaman in a ship registered in the United Kingdom under a crew agreement the provisions and form of which are of a kind approved by the Secretary of State. " .

24 In section 149(2) of the 1978 Act (provisions to which power to make orders amending that Act does not apply)--

(a) after the word "57," there shall be inserted the word "57A,",

(b) after the word "67," there shall be inserted the words "73(6C) and (6D),", and

25 In section 153 of the 1978 Act (interpretation)--

(a) in subsection (1) (definitions)--

(i) after the definition of "business" there shall be inserted--

" "childbirth" means the birth of a living child or the birth of a child whether living or dead after twenty-four weeks of pregnancy; " ,

(ii) for the definition of "expected week of confinement" there shall be substituted--

" "expected week of childbirth" means the week, beginning with midnight between Saturday and Sunday, in which it is expected that childbirth will occur; " ,

(iii) after the definition of "job" there shall be inserted--

" "maternity leave period" shall be construed in accordance with sections 34 and 35; " ,

(iv) in the definition of "notified day of return", for the words "has the meaning given by section 47(1) and (8)" there shall be substituted the words "shall be construed in accordance with section 43(3) and (4)", and

(v) after that definition there shall be inserted--

" "notified leave date" shall be construed in accordance with section 36; " , and

(b) in subsection (5) (irrelevance of what law governs a person's employment), for the word "For" there shall be substituted the words "Subject to section 141(1)(b), for".

26 In Schedule 2 to the 1978 Act (maternity)--

(a) in paragraph 2--

(i) in sub-paragraph (1), in the substituted subsection (3), for the words "sections 59 to 61" there shall be substituted the words "sections 57A to 61",

(ii) in sub-paragraph (2), for the words "section 45(3)" there shall be substituted the words "section 41(1)", and

(iii) in sub-paragraph (5), for the words "the original contract of employment" there shall be substituted the words "her contract of employment immediately before the beginning of her maternity leave period",

(b) in paragraph 4--

(i) in sub-paragraph (1), for paragraph (c) there shall be substituted--

" (c) the reference in section 84(3) to the provisions of the previous contract shall be construed as a reference to the provisions of the contract under which the employee worked immediately before the beginning of her maternity leave period. " , and

(ii) in sub-paragraph (4), for the words "the original contract of employment" there shall be substituted the words "her contract of employment immediately before the beginning of her maternity leave period",

(i) after the words "return to work" there shall be inserted the words "in accordance with section 42", and

(ii) for the words from "during her absence" to "confinement" there shall be substituted the words "on a day falling after the commencement of her maternity leave period and before the notified day of return",

(d) in paragraph 6--

(i) for sub-paragraph (1) there shall be substituted--

" (1) This paragraph applies where an employee has the right to return to work under section 39 and either her maternity leave period ends by reason of dismissal or she is dismissed after her maternity leave period. " , and

(ii) in sub-paragraph (2), for the words "during the period of her absence" there shall be substituted the words "after her maternity leave period" and for the words "section 48" there shall be substituted the words "section 44", and

(e) in paragraph 7(1), for the words "section 48" there shall be substituted the words "section 44".

27 In Schedule 3 to the 1978 Act (rights of employees in period of notice)--

(a) in paragraph 2--

(i) in sub-paragraph (1), after paragraph (b) there shall be inserted--

" (ba) the employee is absent from work wholly or partly because of pregnancy or childbirth; or " ,

(ii) in sub-paragraph (1), after the words "paragraphs (a), (b)" there shall be inserted ", (ba)", and

(iii) in sub-paragraph (2), after the words "statutory sick pay," there shall be inserted the words "maternity pay, statutory maternity pay,", and

(b) in paragraph 3(3)--

(i) after paragraph (a) there shall be inserted--

" (aa) in respect of any period during which the employee is absent from work wholly or partly because of pregnancy or childbirth, or " , and

(ii) after the words "statutory sick pay," there shall be inserted the words "maternity pay, statutory maternity pay,".

28 In Schedule 9 to the 1978 Act (industrial tribunals)--

(a) in paragraph 1(4)(b) (regulations as to procedure), for the word "confinement" there shall be substituted the word "childbirth",

(b) in sub-paragraph (1) of paragraph 1A (power to authorise pre-hearing reviews), for paragraph (a) there shall be substituted--

" (a) for authorising the carrying out by an industrial tribunal of a preliminary consideration of any proceedings before it ("a pre-hearing review"); and " , and

" 1B The regulations may also include provision for authorising an industrial tribunal to hear and determine any issue relating to the entitlement of any party to proceedings to bring or contest the proceedings in advance of the hearing and determination of the proceedings by that or any other industrial tribunal. " .

29 In paragraph 18(aa) of Schedule 11 to the 1978 Act (power for Employment Appeal Tribunal rules to regulate certain applications), for the words from "an application" to the end there shall be substituted the words "any application to the Appeal Tribunal may be made;".

30 In paragraph 18(e) of Schedule 11 to the 1978 Act (power for Employment Appeal Tribunal rules to provide for interlocutory proceedings to be dealt with otherwise than in accordance with paragraph 16), for the word "proceedings" there shall be substituted the words "matters arising on any appeal or application to the Appeal Tribunal".

31 In Schedule 13 to the 1978 Act (computation of period of employment)--

(a) in paragraph 9(1)(d), for the word "confinement" there shall be substituted the word "childbirth", and

(b) in paragraph 10--

(i) for the words "section 45(1)" there shall be substituted the words "section 39", and

(ii) for the word "confinement" there shall be substituted the word "childbirth".

32 In Schedule 14 to the 1978 Act (calculation of week's pay), in paragraph 7(1) (the calculation date)--

(a) after paragraph (e) there shall be inserted--

" (ea) where the calculation is for the purposes of section 47, the day before the suspension referred to in section 45(1) begins or where that day falls within an employee's maternity leave period or within the further period up to the day on which an employee exercises her right to return to work under section 39, the day before the beginning of the maternity leave period; " , and

(b) after paragraph (i) there shall be inserted--

" (ia) where the calculation is for the purposes of section 75A and the dismissal was with notice, the date on which the employer's notice was given;

(ib) where the calculation is for the purposes of section 75A but sub-paragraph (ia) does not apply, the effective date of termination; " .

The Agricultural Training Board Act 1982 (c. 9)

33 In section 4(1)(f) of the Agricultural Training Board Act 1982 (functions of the Agricultural Training Board), at the end there shall be inserted the words "and may provide services or arrange for the provision of services in pursuance of arrangements made, or a direction given, under section 10 of the [1973 c. 50.] Employment and Training Act 1973 (careers services)".

The Industrial Training Act 1982 (c. 10)

34 In section 5(3)(e) of the Industrial Training Act 1982 (functions of industrial training boards), at the end there shall be inserted the words "and may provide services or arrange for the provision of services in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973 (careers services)".

The Insolvency Act 1986 (c. 45)

35 In paragraph 13(2) of Schedule 6 to the Insolvency Act 1986 (amounts treated as remuneration), in paragraph (b), after the word "Act" there shall be inserted the words "or remuneration on suspension on maternity grounds under section 47 of that Act".

The Wages Act 1986 (c. 48)

36 In section 30(1) and (3) of the Wages Act 1986 (excluded employments), for the words "Parts I and II do" there shall be substituted the words "Part I does".

37 In section 33(4) of that Act (commencement), for the words "paragraphs 4 to 7" there shall be substituted the words "paragraph 4".

The Employment Act 1988 (c. 19)

38 In subsection (1) of section 26 (status of trainees etc.) of the Employment Act 1988--

(a) after the words "under section 2(3)" there shall be inserted the words "or section 14A"; and

(b) for the words "the said section 2, or as the case may be the said section 2(3)" there shall be substituted the words "any of those three sections".

The Legal Aid Act 1988 (c. 34)

39 In Part II of Schedule 2 to the Legal Aid Act 1988 (excepted proceedings), after paragraph 5A there shall be inserted--

" 5B Proceedings to the extent that they consist in, or arise out of, an application to the court under section 235A of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992. " .

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

40 In section 25 of the 1992 Act (application to Certification Officer as respects failures in relation to the register of members)--

(a) in subsection (1), after the words "section 24" there shall be inserted the words "or 24A"; and

(b) after subsection (7), there shall be inserted--

" (8) The Certification Officer shall not entertain an application for a declaration as respects an alleged failure to comply with the requirements of section 24A in relation to a ballot to which that section applies unless the application is made before the end of the period of one year beginning with the last day on which votes could be cast in the ballot. " .

41 In section 26 of the 1992 Act (application to court as respects failures in relation to the register of members)--

(a) in subsection (1), after the words "section 24" there shall be inserted the words "or 24A"; and

(b) after subsection (6) there shall be inserted--

" (7) The court shall not entertain an application for a declaration as respects an alleged failure to comply with the requirements of section 24A in relation to a ballot to which that section applies unless the application is made before the end of the period of one year beginning with the last day on which votes could be cast in the ballot. " .

42 In section 32 of the 1992 Act (annual return), after subsection (6) there shall be inserted--

" (7) For the purposes of this section and section 32A "member of the executive" includes any person who, under the rules or practice of the union, may attend and speak at some or all of the meetings of the executive, otherwise than for the purpose of providing the committee with factual information or with technical or professional advice with respect to matters taken into account by the executive in carrying out its functions. " .

43 In section 43(1) (provisions not to apply in case of newly-formed trade unions)--

(a) in paragraph (b) (disapplication of sections 32 to 37), after the words "annual return," there shall be inserted the words "statement for members,", and

(b) after that paragraph there shall be inserted--

" (ba) sections 37A to 37E (investigation of financial affairs), and " .

44 In section 44 of the 1992 Act (discharge of duties in case of union having branches or sections)--

(a) in subsections (2) and (4), for the words "sections 32 to 37" there shall be substituted the words "sections 32 and 33 to 37", and

(b) after subsection (4) there shall be inserted--

" (5) Where the duty falling on a trade union under section 32 to send to the Certification Officer a return relating to its affairs is treated as discharged by the union by virtue of subsection (2) or (4) of this section, the duties imposed by section 32A in relation to the return shall be treated as duties of the branch or section of the union, or the trade union of which it is a branch or section, by which that duty is in fact discharged. " .

45 In section 45(1) of the 1992 Act (offences for breach of duty under sections 32 to 37 etc.), after the words "annual return," there shall be inserted the words "statement for members,".

46 In section 49(3)(a) of the 1992 Act (election scrutineer to supervise certain matters), for the words "and distribution of the voting papers" there shall be substituted the words "of the voting papers and (unless he is appointed under section 51A to undertake the distribution of the voting papers) their distribution".

47 In section 62 of the 1992 Act (right of trade union members to obtain order to prevent inducement to take part in industrial action not having support of a ballot)--

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