Section 49(2)

A person is a qualified independent person in relation to an election if— An order under paragraph (a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. he satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of State or is himself so specified; ... the trade union has no grounds for believing either that he will carry out any functions conferred on him in relation to the election otherwise than competently or that his independence in relation to the union, or in relation to the election, might reasonably be called into question; and in the case of an election for which electronic voting or hybrid voting is a selected means of voting, the computer networks and systems which the person intends to use for conducting the election are covered by one or more qualifying Cyber Essentials Plus certificates awarded to the person;

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Source: legislation.gov.uk · retrieved 2026-09-04