Defined terms — TULRCA 1992

Defined terms — Trade Union and Labour Relations (Consolidation) Act 1992

United Kingdom · ukpga/1992/52 · 3820 provisions

184 defined in this instrument.

a recognition dispute — a trade dispute between employers and workers which is connected wholly or partly with the recognition by employers or employers' associations of the right of a trade union to represent workers in negotiations, consultations or other procedures relating to any of the matters mentioned in paragraphs (a) to (f) of section 218(1) Section 210A

a voting member of the executive — a person entitled in his own right to attend meetings of the executive and to vote on matters on which votes are taken by the executive (whether or not he is entitled to attend all such meetings or to vote on all such matters or in all circumstances) Section 45B(5)

Access — — physical entry into a workplace; communication with workers Section 70ZA(4)

Access agreement — — and such an agreement is “entered into” when the terms are so agreed or decided. terms on which the union is (or unions are) to have access to the relevant workers and which are agreed between the parties under paragraph 19H during the negotiation period, or terms on which the union is (or unions are) to have access to the relevant workers and which are decided by the CAC under paragraph 19I Schedule A1, Part I, paragraph 19J(2)

Access agreement — — and such an agreement is “entered into” when the terms are so agreed or decided. terms on which the union is (or unions are) to have access to the relevant workers and which are agreed between the parties under paragraph 81B during the negotiation period, or terms on which the union is (or unions are) to have access to the relevant workers and which are decided by the CAC under paragraph 81C Schedule A1, Part III, paragraph 81D(2)

Access agreement — — and such an agreement is to be treated as “entered into” when the terms are so agreed or decided. terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are agreed between the parties under paragraph 116B during the negotiation period, or terms on which the union is (or unions are) to have access to the workers constituting the bargaining unit and which are decided by the CAC under paragraph 116C Schedule A1, Part IV, paragraph 116D(2)

access request — a request under subsection (1) given in accordance with subsection (3) Section 70ZB(6)

accountant — a person who is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 Section 30(4)

accounting period — any period in relation to which it is required to send a return to the Certification Officer Section 33(2)

affected transferring individual — a transferring individual who may be affected by the proposed dismissals or who may be affected by measures taken in connection with the proposed dismissals; “pre-transfer consultation” has the meaning given in subsection (2) Section 198A(7)

agent — a banker or solicitor of, or any person employed as an auditor by, the union or any branch or section of the union; “branch or section”, except where the context otherwise requires, includes a branch or section which is itself a trade union Section 119

an appropriate time — — a time outside the worker’s working hours, or a time within his working hours at which, in accordance with arrangements agreed with or consent given by his employer, it is permissible for him to take part in the activities of a trade union or (as the case may be) make use of trade union services Section 145A(2)

an appropriate time — — and for this purpose “working hours”, in relation to a worker, means any time when, in accordance with his contract of employment (or other contract personally to do work or perform services), he is required to be at work. a time outside the worker's working hours, or a time within his working hours at which, in accordance with arrangements agreed with or consent given by his employer, it is permissible for him to take part in the activities of a trade union or (as the case may be) make use of trade union services Section 146(2)

an appropriate time — — and for this purpose “working hours”, in relation to an employee, means any time when, in accordance with his contract of employment, he is required to be at work. a time outside the employee’s working hours, or a time within his working hours at which, in accordance with arrangements agreed with or consent given by his employer, it is permissible for him to take part in the activities of a trade union or (as the case may be) make use of trade union services Section 152(2)

applicant worker — a worker who— falls within a bargaining unit (“his bargaining unit”) and has made an application under paragraph 112 or 137 to have bargaining arrangements ended Schedule A1, Part IX, paragraph 170A

appointed person — — a person appointed to handle communications under paragraph 19C, or a person appointed to conduct a ballot under paragraph 25; “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act) Schedule A1, Part I, paragraph 19J(11)

appropriately qualified actuary — a person who is either— or is approved by the Certification Officer on the application of the trade union as a person having actuarial knowledge. a Fellow of the Institute of Actuaries, or a Fellow of the Faculty of Actuaries Section 42

assistive technology — hardware or software which enables persons with disabilities to interact with, or assists such persons with interacting with, content on the internet Schedule A1A, Part 1, paragraph 5(2)

authorised official — an official of the trade union authorised by it to act for the purposes of this section Section 161(4)

award of compensation for unfair dismissal — an award of compensation for unfair dismissal under section 112(4) or 117(3)(a) of that Act Section 167(2)

breach of duty — breach of a duty imposed by any rule of law or by or under any enactment; “personal injury” includes any disease and any impairment of a person’s physical or mental condition Section 22(5)

candidate — a candidate for election to a political office and includes a prospective candidate; “contribution”, in relation to the funds of a political party, includes any fee payable for affiliation to, or membership of, the party and any loan made to the party Section 72(4)

certificate of independence — a certificate issued under— section 6(6), or section 101A(4); contravention includes a failure to comply, and cognate expressions shall be construed accordingly; dismiss, dismissal and effective date of termination, in relation to an employee, shall be construed in accordance with Part X of the Employment Rights Act 1996; “legal professional privilege”, as respects Scotland, means confidentiality of communications; . . . tort, as respects Scotland, means delict, and cognate expressions shall be construed accordingly Section 298

collective agreement — any agreement or arrangement made by or on behalf of one or more trade unions and one or more employers or employers’ associations and relating to one or more of the matters specified below Section 178(1)

collective bargaining — negotiations relating to or connected with one or more of those matters Section 178(1)

commercial contract — means any contract other than— a contract of employment, or any other contract under which a person agrees personally to do work or perform services for another Section 21(7)

complaint of unfair dismissal — a complaint under section 111 of the Employment Rights Act 1996 Section 167(2)

Cyber Essentials Plus certificate — a certificate awarded in accordance with Cyber Essentials Plus Test Specification v3.2, or a later version of that document, published by the Government Communications Headquarters; a Cyber Essentials Plus certificate awarded to a person is a “qualifying Cyber Essentials Plus certificate” if its expiry date is such that the certificate will remain valid for the duration of the ballot for which the person is appointed Section 100A(2A)

Cyber Essentials Plus certificate — a certificate awarded in accordance with Cyber Essentials Plus Test Specification v3.2, or a later version of that document, published by the Government Communications Headquarters; a Cyber Essentials Plus certificate awarded to a person is a “qualifying Cyber Essentials Plus certificate” if its expiry date is such that the certificate will remain valid for the duration of the election for which the person is appointed Section 49(2A)

date of dismissal — — where the employee’s contract of employment was terminated by notice, the date on which the employer’s notice was given, and in any other case, the effective date of termination Section 238(5)

date of the ballot — in the case of a ballot in which votes may be cast on more than one day, the last of those days; .. Section 246

date of the ballot — in the case of a ballot in which votes may be cast on more than one day, the last of those days Section 96

electors — electors at an election to a political office; “film” includes any record, however made, of a sequence of visual images, which is capable of being used as a means of showing that sequence as a moving picture Section 72(4)

electronic voting — submitting an electronic voting form where the voting access method used to access the electronic voting form was sent under paragraph 12(1) of Schedule A1A; “electronic voting form” has the meaning given in paragraph 3(1) of Schedule A1A; “electronic voting instructions” has the meaning given in paragraph 2(3) of Schedule A1A; “electronic voting system” has the meaning given in paragraph 6(7) of Schedule A1A; “eligible to vote” is to be interpreted in accordance with— in relation to an election under section 46(1)(a) (elections for certain positions), section 46A(9)(b); in relation to a ballot under section 72C(1) (political resolution), section 72E(9)(b); in relation to a ballot under section 97(1)(b) (amalgamation) or section 97(2)(b) (transfer of engagements), section 100ZA(10)(b); in relation to a ballot under section 226(1)(a) (industrial action), section 226ZA(11)(b) Section 298A

electronic voting materials — — the voting access method, the electronic voting instructions, and in the case of an election held under section 46(1)(a) (elections for certain positions), a list of the candidates at the election Schedule A1A, Part 2, paragraph 12(6)

electronic voting platform — the website or software through which the electronic voting form is accessed Schedule A1A, Part 4, paragraph 18

electronic voting platform — the website or software through which the electronic voting form is accessed; “responsible person”, in relation to a ballot or election, has the meaning given by whichever of the following provisions is applicable— section 46A; section 72E; section 100ZA; section 226ZA Schedule ZA1, paragraph 2(5)

electronic voting system — — the electronic voting platform, the databases referred to in paragraph 8(3), and any other software which the scrutineer intends to use for the purpose of carrying out the ballot Schedule A1A, Part 1, paragraph 6(7)

employer — — in relation to a worker, the person for whom he works; in relation to a former worker, the person for whom he worked Section 145F

employer — — in relation to a worker, the person for whom he works; in relation to a former worker, the person for whom he worked Section 151

employer — — in relation to a worker, the person for whom the worker works; in relation to a former worker, the person for whom the former worker worked Section 236A(8)

employers’ association — an organisation (whether temporary or permanent)— which consists wholly or mainly of employers or individual owners of undertakings of one or more descriptions and whose principal purposes include the regulation of relations between employers of that description or those descriptions and workers or trade unions; or which consists wholly or mainly of— and whose principal purposes include the regulation of relations between employers and workers or between employers and trade unions, or the regulation of relations between its constituent or affiliated organisations. constituent or affiliated organisations which fulfil the conditions in paragraph (a) (or themselves consist wholly or mainly of constituent or affiliated organisations which fulfil those conditions), or representatives of such constituent or affiliated organisations Section 122(1)

employment — employment under a contract of employment, and related expressions shall be construed accordingly Section 143(1)

employment agency — a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers, but subject to subsection (2) below Section 143(1)

executive — the principal committee of the union exercising executive functions, by whatever name it is called Section 119

federated employers’ association — a employers’ association which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of “employers’ association” in section 122 Section 135(1)

federated trade union — a trade union which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of “trade union” in section 1 Section 118(1)

financial affairs — affairs of the union relating to any fund which is applicable for the purposes of the union (including any fund of a branch or section of the union which is so applicable) Section 119

fixed term contract — a contract of employment that, under its provisions determining how it will terminate in the normal course, will terminate— on the expiry of a specific term, on the completion of a particular task, or on the occurrence or non-occurrence of any other specific event other than the attainment by the employee of any normal and bona fide retiring age in the establishment for an employee holding the position held by him Section 282(1)

GB-linked ship — a ship providing a service— for the carriage of persons or goods, with or without vehicles, and that is within subsection (4) or (5) Section 285(3)

general secretary — the official of the union who holds the office of general secretary or, where there is no such office, holds an office which is equivalent, or (except in section 14(4)) the nearest equivalent, to that of general secretary; “officer” includes— any member of the governing body of the union, and any trustee of any fund applicable for the purposes of the union Section 119

hybrid voting — — in relation to a ballot under section 226(1)(a) (industrial action)— returning a voting paper which was sent under paragraph 14(1) of Schedule A1A or provided under paragraph 16(5)(a) of that Schedule, or submitting an electronic voting form where the voting access method used to access the electronic voting form was sent under paragraph 14(1) of Schedule A1A or provided under paragraph 16(5)(a) of that Schedule; in the case of any other ballot or election— returning a voting paper which was sent under paragraph 14(1) of Schedule A1A, or submitting an electronic voting form where the voting access method used to access the electronic voting form was sent under paragraph 14(1) of Schedule A1A; “permissible means of voting” is to be interpreted in accordance with— in relation to an election under section 46(1)(a) (elections for certain positions), section 46A(8); in relation to a ballot under section 72C(1) (political resolution), section 72E(8); in relation to a ballot under section 97(1)(b) (amalgamation) or section 97(2)(b) (transfer of engagements), section 100ZA(9); in relation to a ballot under section 226(1)(a) (industrial action), section 226ZA(10) Section 298A

hybrid voting materials — — a voting paper which complies with the requirements of this Part, instructions for the return of the voting paper, a voting access method, electronic voting instructions, and in the case of an election held under section 46(1)(a) (elections for certain positions), a list of the candidates at the election Schedule A1A, Part 3, paragraph 17

independent trade union — a trade union which— and references to “independence”, in relation to a trade union, shall be construed accordingly. is not under the domination or control of an employer or group of employers or of one or more employers’ associations, and is not liable to interference by an employer or any such group or association (arising out of the provision of financial or material support or by any other means whatsoever) tending towards such control Section 5

industrial action — a strike or other industrial action by persons employed under contracts of employment Section 108A(9)

industrial action — a strike or other industrial action by persons employed under contracts of employment Section 62(6)

instrument of appointment — an instrument in writing appointing a new trustee of a trade union whose name is entered in the list of trade unions Section 14(1)

instrument of discharge — an instrument in writing discharging a trustee of such a trade union Section 14(1)

last voting day — the later of the following days, so far as applicable— the last day for the return of voting papers; the last day for submission of electronic voting forms Section 100A(13)

last voting day — the later of the following days, so far as applicable— the last day for the return of voting papers; the last day for submission of electronic voting forms Section 49(8)

last voting day — the later of the following days, so far as applicable— the last day for the return of voting papers; the last day for submission of electronic voting forms Section 72F(16)

local authority — a local authority within the meaning of section 270 of the Local Government Act 1972 or section 235 of the Local Government (Scotland) Act 1973 Section 72(4)

malware — software designed to disrupt, damage, or gain unauthorised access to computer networks and systems Schedule A1A, Part 1, paragraph 6(7)

members’ superannuation scheme — any scheme or arrangement made by or on behalf of a trade union (including a scheme or arrangement shown in the rules of the union) in so far as it provides— for benefits to be paid by way of pension (including any widows’ , widowers’, surviving civil partners’ or children’s pensions or dependants’ pensions) to or in respect of members or former members of the trade union, and for those benefits to be so paid either out of the funds of the union or under an insurance scheme maintained out of those funds Section 38(1)

merchant seaman — a person whose employment, or the greater part of it, is carried out on board sea-going ships. if it has no individual members other than representatives of constituent or affiliated organisations, or if its individual members (other than such representatives) are all merchant seamen and a majority of them are ordinarily resident outside the United Kingdom Section 118(6)

merchant seaman — a person whose employment, or the greater part of it, is carried out on board sea-going ships Section 230(2C)

merchant seaman — a person whose employment, or the greater part of it, is carried out on board sea-going ships Section 232

merchant seaman — a person whose employment, or the greater part of it, is carried out on board sea-going ships Section 60

merchant seaman — a person whose employment, or the greater part of it, is carried out on board sea-going ships Section 94

mobile telephone message — a message comprised of text or media sent via a mobile messaging protocol to a telephone number allocated in accordance with a national or international numbering plan Schedule A1A, Part 4, paragraph 18

multi-factor authentication — a method of electronic authentication in which a person is granted access to a database or application only after successfully presenting two or more distinct types of evidence of identity Schedule A1A, Part 1, paragraph 8(5)

Northern Ireland union — a trade union whose principal office is situated in Northern Ireland Section 120

not protected — excluded from the protection afforded by this section or, where the expression is used with reference to a particular person, excluded from that protection as respects that person. sections 222 to 225 (action excluded from protection), section 226 (requirement of ballot before action by trade union), and section 234A (requirement of notice to employer of industrial action) Section 219(4)

notified category of employee — — a category of employee that is listed in the notice, or where the notice contains the information mentioned in subsection (3C), a category of employee that the employer (at the time he receives the notice) can readily deduce from the notice is a category of employee to which some or all of the affected employees belong, and a Section 234A(5B)

notified workplace — — a workplace that is listed in the notice, or where the notice contains the information mentioned in subsection (3C), a workplace that the employer (at the time he receives the notice) can readily deduce from the notice is the workplace at which some or all of the affected employees work Section 234A(5B)

off-site location — a location which is near the workplace of those who are eligible to vote by workplace voting Section 230F(6)

office — any position— by virtue of which the holder is an official of the union, or to which Chapter IV of Part I applies (duty to hold elections) Section 137

official — — and includes a person so elected or appointed who is an employee of the same employer as the members or one or more of the members whom he is to represent; an officer of the union or of a branch or section of the union, or a person elected or appointed in accordance with the rules of the union to be a representative of its members or of some of them Section 119

offshore worker — a person in offshore employment, other than one who is in such employment in an area where the law of Northern Ireland applies Section 232

offshore worker — a person in offshore employment, other than one who is in such employment in an area where the law of Northern Ireland applies Section 60

offshore worker — a person in offshore employment, other than one who is in such employment in an area where the law of Northern Ireland applies Section 94

order for reinstatement or re-engagement — an order for reinstatement or re-engagement under section 113 of that Act Section 167(2)

overseas member — a member of the union (other than a merchant seaman or offshore worker) who is outside Great Britain throughout the period during which votes may be cast Section 60(2)

overseas member — a member of the trade union (other than a merchant seaman or offshore worker) who is outside Great Britain throughout the period during which votes may be cast Section 94(3)

personal information — information relating to a person whose identity— is specified in the information, or can be deduced from it Schedule A1A, Part 1, paragraph 8(5)

political office — the office of member of Parliament, member of the European Parliament or member of a local authority or any position within a political party Section 72(4)

postal voting — returning a voting paper sent or otherwise provided under— in relation to an election under section 46(1)(a) (elections for certain positions), section 51ZC(1); in relation to a ballot under section 72C(1) (political resolution), section 72K(1); in relation to a ballot under section 97(1)(b) (amalgamation) or section 97(2)(b) (transfer of engagements), section 100CC(1); in relation to a ballot under section 226(1)(a) (industrial action), section 230(2)(a) (voting paper sent to address) or section 230(2B)(a) (voting paper made available on ship); “relevant personal information” has the meaning given in paragraph 8(5) of Schedule A1A; “voting access method” has the meaning given in paragraph 2(5) of Schedule A1A; “voting access method information” has the meaning given in paragraph 8(5) of Schedule A1A; “voting information” has the meaning given in paragraph 8(5) of Schedule A1A Section 298A

pre-commencement declaration of recognition — a declaration of recognition issued by the CAC before the coming into force of the order Schedule A1, Part IX, paragraph 171A

pre-commencement method of collective bargaining — a method of collective bargaining specified by the CAC before the coming into force of the order, and references to a post-commencement declaration of recognition or method of collective bargaining shall be construed accordingly Schedule A1, Part IX, paragraph 171A

president — the official of the union who holds the office of president or, where there is no such office, who holds an office which is equivalent, or (except in section 14(4) or Chapter IV) the nearest equivalent, to that of president; and “rules”, except where the context otherwise requires, includes the rules of any branch or section of the union Section 119

property — any property, whether real or personal (or in Scotland, heritable or moveable) Section 22(5)

qualifying ballot box — a box, used for storing marked voting papers, which— is possessed solely by the scrutineer throughout the ballot, and is secured with a seal which remains unbroken until the ballot is complete; “qualifying location” is to be interpreted in accordance with section 230F Section 230E(9)

qualifying election — an election satisfying the relevant requirements Section 46(5A)

qualifying internet messaging service — an internet messaging service— which requires a unique telephone number for registration, and for which the means of sending a message using the service is to send the message to the unique telephone number associated with a particular account Schedule A1A, Part 4, paragraph 18

re-employment orders — orders requiring that persons found to have been unfairly dismissed be reinstated, re-engaged or otherwise re-employed Section 212A(8)

relevant address — in respect of a person, their home address or another address which they have requested the trade union in writing to treat as their postal address Schedule A1A, Part 3, paragraph 14(5)

relevant ballot — any ballot that is or may be held in which workers are asked whether they want the union (or unions) to conduct collective bargaining on their behalf Schedule A1, Part I, paragraph 19M(3)

relevant ballot — any ballot that is or may be held in which workers are asked whether the bargaining arrangements should be ended Schedule A1, Part IV, paragraph 116H(3)

relevant Code of Practice — a Code of Practice issued under this Chapter which relates exclusively or primarily to procedure for the resolution of disputes Section 207A(4)

relevant court — such court, being the Court of Session or the Employment Appeal Tribunal, as may be specified in the scheme, and a different court may be specified as regards different grounds or matters. that a reference on a preliminary point may be made, or conferring a right of appeal which shall lie Section 212A(7)

relevant employees — — Nothing in section 237 (dismissal of those taking part in unofficial industrial action) affects the question who are relevant employees for the purposes of this section. in relation to a lock-out, employees who were directly interested in the dispute in contemplation or furtherance of which the lock-out occurred, and in relation to a strike or other industrial action, those employees at the establishment of the employer at or from which the complainant works who at the date of his dismissal were taking part in the action Section 238(3)

relevant employer — a person who it is reasonable for the trade union to believe (at the time when the steps are taken) was at the time of the ballot the employer of any persons entitled to vote Section 231A(2)

relevant lawyer — — a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act, or an advocate or solicitor in Scotland Section 216(7)

relevant person — a person who is eligible to vote by either or both of the following means of voting— electronic voting; hybrid voting Schedule A1A, Part 4, paragraph 18

relevant personal information — in relation to relevant persons— names; email addresses; mobile telephone numbers; home addresses; any other personal information provided to the scrutineer by the trade union Schedule A1A, Part 1, paragraph 8(5)

relevant protected characteristic — age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexual orientation, each of which is to be read in accordance with the Equality Act 2010; a reference to qualifying members of the trade union is a reference to members of the trade union— who are employees of the employer of a description in respect of which the union is recognised by the employer, and in relation to whom it is the function of the equality representative to act as such Section 168B(12)

relevant transfer — — and “transferor” and “transferee” are to be construed accordingly; a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, anything else regarded, by virtue of an enactment, as a relevant transfer for the purposes of those Regulations, or where an enactment provides a power to make provision which is the same as or similar to those Regulations, any other novation of a contract of employment effected in the exercise of that power, “transferring individual” has the meaning given in subsection (1)(c) Section 198A(7)

relevant worker — any worker who is or would be entitled to vote in a relevant ballot Schedule A1, Part I, paragraph 19M(3)

relevant worker — any worker who is or would be entitled to vote in a relevant ballot Schedule A1, Part III, paragraph 81G(3)

relevant worker — any worker who is or would be entitled to vote in a relevant ballot Schedule A1, Part IV, paragraph 116H(3)

remedial order — an order under this sub-paragraph. to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order, and to do so within such period as the CAC considers reasonable and specifies in the order Schedule A1, Part I, paragraph 19F(1)

reporting period — a period in relation to which the union is required by section 32 to send an annual return to the Certification Officer Section 24ZA(2)

respondent — any trade union, or other body, that has such a right Section 256ZA

response — any response made by a trade union or other body in the exercise of a right to be heard, or to make representations, in response to the application or complaint Section 256ZA

response notice — a notice under subsection (4) given in accordance with subsection (5) Section 70ZB(6)

scrutineer’s report — a report produced in accordance with whichever of the following provisions is applicable to the ballot or election in question— section 52; section 72O; section 100E; section 231B Schedule A1A, Part 1, paragraph 9(3)

secure database — a database— access to which requires multi-factor authentication, and all data stored in which is encrypted to a standard which provides a reasonable level of protection to ensure its confidentiality, integrity, and availability Schedule A1A, Part 1, paragraph 8(5)

security event — — an attempt by a person to gain unauthorised access to the electronic voting platform; a cyber attack or suspected cyber attack which affects or could have affected the electronic voting platform; other events which have the effect of overwhelming or causing a failure or requiring a shutdown of the electronic voting platform Schedule A1A, Part 1, paragraph 9(3)

selected means of voting — in relation to a ballot, a permissible means of voting that is available for the ballot as a result of a determination under this section; a person is “eligible to vote” in a ballot by a particular means of voting if the determination under this section for the ballot sets out that that means is available for the person (see subsection (3)) Section 100ZA(10)

selected means of voting — in relation to an election, a permissible means of voting that is available for the election as a result of a determination under this section; a person is “eligible to vote” at an election by a particular means of voting if the determination under this section for the election sets out that that means is available for the person (see subsection (3)) Section 46A(9)

separate fund — a fund separate from the general funds of the trade union Section 38

special register body — an organisation whose name appeared in the special register maintained under section 84 of the Industrial Relations Act 1971 immediately before 16 September 1974, and which is a company registered under the Companies Act 2006 or is incorporated by charter or letters patent Section 117(1)

specified — specified in an order under this paragraph Schedule A1, Part IX, paragraph 166B(8)

specified — specified in a requirement under this paragraph Schedule A1, Part IX, paragraph 170A

specified — specified in the regulations Section 195A(9)

specified — specified in a requirement under this section; and “workers” has the meaning given in section 218(5) Section 210A

strike — (except for the purposes of section 229(2) (see section 229(2A)) any concerted stoppage of work; “working hours”, in relation to a person, means any time when under his contract of employment, or other contract personally to do work or perform services, he is required to be at work Section 246

Subsequent statutory provisions — provisions made by or under an Act of Parliament and coming into force after the Code was issued (whether before or after the commencement of this Act) Section 201(1)

the 1996 Act — the Employment Rights Act 1996 Section 136A(5)

the amalgamation date — the date on which the instrument of amalgamation takes effect Section 101A(5)

the appropriate period — the period— beginning with the day on which the scrutineer is appointed, and ending with the day before the day on which the scrutineer makes his report to the trade union Section 100A(5)

the appropriate period — the period— beginning with the first day on which a person may become a candidate in the election or, if later, the day on which the scrutineer is appointed, and ending with the day before the day on which the scrutineer makes his report to the trade union Section 49(3B)

the appropriate period — the period— beginning with the day on which the scrutineer is appointed, and ending with the day before the day on which the scrutineer makes the scrutineer’s report to the trade union Section 72F(6)

the appropriate trustees — the trustees of that branch, unless the rules of the amalgamated or transferee union provide that the property to be so held is to be held by the trustees of the union Section 105(2)

the appropriate trustees — the trustees of the amalgamated or transferee union Section 105(3)

the CAC case manager — the member of the staff provided to the CAC by ACAS who is named in the requirement (but the CAC may, by notice given to the recipient of a requirement under this paragraph, change the member of that staff who is to be the CAC case manager for the purposes of that requirement); “collective bargaining” is to be construed in accordance with paragraph 3 Schedule A1, Part IX, paragraph 170A

the negotiation period — a prescribed period beginning with the day on which a response notice is given Section 70ZC

the relevant date — — where the trade union has rules determining who is entitled to vote in the ballot by reference to membership on a particular date, that date, and otherwise, the date, or the last date, on which voting materials are distributed for the purposes of the ballot Section 100A(13)

the relevant date — — where the trade union has rules determining who is entitled to vote in the election by reference to membership on a particular date, that date, and otherwise, the date, or the last date, on which voting materials are distributed for the purposes of the election Section 49(8)

the relevant date — — where the trade union has rules determining who is entitled to vote in the ballot by reference to membership on a particular date, that date, and otherwise, the date, or the last date, on which voting papers are distributed for the purposes of the ballot Section 75(8)

the relevant day — — in a case where— the day on which the opt-out notice is given; a political resolution is passed on a ballot held at a time when no such resolution is in force, and the opt-out notice is given before the end of the period of four weeks beginning with the day on which an opt-out information notice is given to the member under section 84A, in any other case, the earlier of— a day specified in, or determined in accordance with, the rules of the union, and 1 January in the year following the year in which the opt-out notice is given Section 84(4)

the relevant period — the period of 12 months beginning with the date of the declaration Section 70ZI(3)

the relevant time — the time when the application is made. Those provisions also apply in relation to proceedings for failure to comply with an order under this section as they apply in relation to the original proceedings Section 62

the required percentage — 10%. The Secretary of State may by regulations amend this paragraph so that the required percentage is a percentage— not greater than 10%, and not less than 2%. Regulations under sub-paragraph (2)— are to be made by statutory instrument; may include supplementary, incidental, saving or transitional provision, including provision amending this Schedule; may make different provision for different cases. A statutory instrument containing regulations under sub-paragraph (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament Schedule A1, Part IX, paragraph 171B

the response period — a prescribed period beginning with the day on which an access request is given Section 70ZC

trade dispute — a dispute between employers and workers, or between workers and workers, which is connected with one or more of the following matters— terms and conditions of employment, or the physical conditions in which any workers are required to work; engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers; allocation of work or the duties of employment as between workers or groups of workers; matters of discipline; the membership or non-membership of a trade union on the part of a worker; facilities for officials of trade unions; and machinery for negotiation or consultation, and other procedures, relating to any of the foregoing matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in any such negotiation or consultation or in the carrying out of such procedures Section 218(1)

trade dispute — a dispute between workers and their employer which relates wholly or mainly to one or more of the following— terms and conditions of employment, or the physical conditions in which any workers are required to work; engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers; allocation of work or the duties of employment between workers or groups of workers; matters of discipline; a worker’s membership or non-membership of a trade union; facilities for officials of trade unions; and machinery for negotiation or consultation, and other procedures, relating to any of the above matters, including the recognition by employers or employers’ associations of the right of a trade union to represent workers in such negotiation or consultation or in the carrying out of such procedures Section 244(1)

trade union — an organisation (whether temporary or permanent)— which consists wholly or mainly of workers of one or more descriptions and whose principal purposes include the regulation of relations between workers of that description or those descriptions and employers or employers’ associations; or which consists wholly or mainly of— and whose principal purposes include the regulation of relations between workers and employers or between workers and employers’ associations, or the regulation of relations between its constituent or affiliated organisations. constituent or affiliated organisations which fulfil the conditions in paragraph (a) (or themselves consist wholly or mainly of constituent or affiliated organisations which fulfil those conditions), or representatives of such constituent or affiliated organisations Section 1

trade union services — services made available to the worker by an independent trade union by virtue of his membership of the union, and references to a worker’s “making use” of trade union services include his consenting to the raising of a matter on his behalf by an independent trade union of which he is a member Section 145A(4)

trade union services — services made available to the employee by an independent trade union by virtue of his membership of the union, and references to an employee’s “making use” of trade union services include his consenting to the raising of a matter on his behalf by an independent trade union of which he is a member Section 152(2A)

unique telephone number — in relation to a qualifying internet messaging service, a telephone number which is not associated with any other account registered with the service Schedule A1A, Part 4, paragraph 18

voting access method — a code, password or other method which allows a person to access the electronic voting platform Schedule A1A, Part 1, paragraph 2(5)

voting access method information — in relation to relevant persons— voting access methods; whether a person received their voting access method by email, mobile telephone message, internet message via a qualifying internet messaging service or post Schedule A1A, Part 1, paragraph 8(5)

voting information — in relation to relevant persons— votes cast in the ballot; timestamps showing when each electronic voting form was submitted; IP addresses from which electronic voting forms have been submitted; whether a person cast their vote by returning a voting paper or submitting an electronic voting form Schedule A1A, Part 1, paragraph 8(5)

voting materials — either or both of the following, as applicable— voting access methods; voting papers Section 100A(13)

voting materials — — voting papers, and voting access methods Section 100CA(3)

voting materials — — voting papers, and voting access methods Section 228C(3)

voting materials — such of the following as are relevant— voting papers; electronic voting forms Section 233(5)

voting materials — either or both of the following, as applicable— voting access methods; voting papers Section 49(8)

voting materials — — voting papers, and voting access methods Section 51ZA(3)

voting materials — either or both of the following, as applicable— voting access methods; voting papers Section 72F(16)

voting materials — — voting papers, and voting access methods Section 72I(3)

voting materials — either or both of the following— voting papers; voting access methods Section 99(6)

voting member of the executive — a person entitled in his own right to attend meetings of the executive and to vote on matters on which votes are taken by the executive (whether or not he is entitled to attend all such meetings or to vote on all such matters or in all circumstances) Section 46(5)

voting station — an area— in a qualifying location, and where— a person who is eligible to vote by workplace voting can do so in accordance with subsections (4) to (6), and there is one or more qualifying ballot box Section 230E(3)

worker — an individual who works, or normally works, as mentioned in paragraphs (a) to (c) of section 296(1) Section 145F

worker — an individual who works, or normally works, as mentioned in paragraphs (a) to (c) of section 296(1) Section 151

worker — an individual who works, or normally works, as mentioned in paragraphs (a) to (c) of section 296(1) Section 236A(8)

working day — any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 Section 236A(8)

working day — any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971. where the employee’s contract of employment is terminated by notice, when the notice is given, where the employee’s contract of employment is terminated without notice, when the termination takes effect, and where the employee is employed under a contract for a fixed term which expires without being renewed under the same contract, when that term expires Section 237(5)

workplace installation — a vehicle or structure which is— controlled by the scrutineer, placed in the workplace of those who are eligible to vote by workplace voting during the ballot, and provided at the cost of the trade union Section 230F(6)

workplace location — a location in the workplace of those who are eligible to vote by workplace voting which is not a workplace installation Section 230F(6)

workplace voting — returning a voting paper provided under section 230E(6) Section 298A

workplace voting list — the list of the names of the persons eligible to vote by workplace voting sent in accordance with section 226B(7) Section 230E(9)