Section 72F

The trade union must, before the ballot is held, appoint a qualified independent person (“the scrutineer”) to carry out— the functions in relation to the ballot which are required under this section to be contained in the scrutineer’s appointment, and such additional functions in relation to the ballot as may be specified in the scrutineer’s appointment. A person (“P”) is a qualified independent person in relation to a ballot if— The power to make an order under paragraph (a) is exercisable by statutory instrument and such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament. P satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of State or P is so specified, the trade union has no grounds for believing either that P will carry out any functions conferred on P in relation to the ballot otherwise than competently or that P’s independence in relation to the union, or in relation to the ballot, might reasonably be called into question, and in the case of a ballot for which electronic voting or hybrid voting is a selected means of voting, the computer networks and systems which P intends to use for conducting the ballot are covered by one or more qualifying Cyber Essentials Plus certificates awarded to P. For the purposes of subsection (2)— “Cyber Essentials Plus certificate” means 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. The scrutineer’s appointment must require the scrutineer— in relation to voting papers sent or to be sent in accordance with section 72K (postal voting: voting paper and method of voting)— where someone other than the scrutineer is appointed under section 72L, to supervise the production and distribution of the voting papers; otherwise, to supervise the production of the voting papers, undertake the distribution of the voting papers and be the person to whom the voting papers are returned; in relation to voting papers sent or to be sent in accordance with paragraph 14(1) of Schedule A1A (hybrid voting), to supervise the production of the voting papers, undertake the distribution of the voting papers and be the person to whom the voting papers are returned; where electronic voting forms are to be used for the ballot— to generate and distribute voting access methods; to maintain the electronic voting system; to maintain the audit logs; to appropriately retain relevant personal information, voting information, voting access method information and the audit logs; to— whenever it appears to the scrutineer appropriate to do so and, in particular, when the conditions specified in subsection (5) are satisfied; inspect the register of names and addresses of the members of the trade union, or examine the copy of the register as at the relevant date which is supplied to the scrutineer in accordance with subsection (10)(a), to take such steps as appear to the scrutineer to be appropriate for the purpose of enabling the scrutineer to make the report (see section 72O); to make the report to the trade union as soon as reasonably practicable after the last voting day; to retain custody of all voting papers returned for the purposes of the ballot and the copy of the register supplied to the scrutineer in accordance with subsection (10)(a)— until the end of the period of one year beginning with the announcement by the union of the result of the ballot, and if within that period an application is made under section 79 (complaint of failure to comply with ballot rules), until the Certification Officer or the court authorises the scrutineer to dispose of the papers or copy. The conditions referred to in subsection (4)(d) are— that a request that the scrutineer inspect the register or examine the copy is made to the scrutineer during the appropriate period by a member of the trade union who suspects that the register is not, or at the relevant date was not, accurate and up-to-date, and that the scrutineer does not consider that the member’s suspicion is ill-founded. In subsection (5) “the appropriate period” means 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. The duty of confidentiality as respects the register is incorporated in the scrutineer’s appointment. The trade union must ensure that nothing in the terms of the scrutineer’s appointment (including any additional functions specified in the appointment) is such as to make it reasonable for any person to call the scrutineer’s independence in relation to the union into question. The trade union must, before the scrutineer begins to carry out the scrutineer’s functions, either— send a notice stating the name of the scrutineer to every member of the union to whom it is reasonably practicable to send such a notice, or take all such other steps for notifying members of the name of the scrutineer as it is the practice of the union to take when matters of general interest to all its members need to be brought to their attention. The trade union must— supply to the scrutineer as soon as is reasonably practicable after the relevant date a copy of the register of names and addresses of its members as at that date, and comply with any request made by the scrutineer to inspect the register. Where the register is kept by means of a computer the duty imposed on the trade union by subsection (10)(a) is either to supply a legible printed copy or (if the scrutineer prefers) to supply a copy of the computer data and allow the scrutineer use of the computer to read it at any time during the period when the scrutineer is required to retain custody of the copy. The trade union must ensure that the scrutineer duly carries out the scrutineer’s functions and that there is no interference with the scrutineer’s carrying out of those functions which would make it reasonable for any person to call the scrutineer’s independence in relation to the union into question. The trade union must comply with all reasonable requests made by the scrutineer for the purposes of, or in connection with, the carrying out of the scrutineer’s functions. The trade union must, so far as reasonably practicable, send to the scrutineer at least one of the following in respect of each person who is eligible to vote by electronic voting— an email address which meets the requirements in subsection (15); a mobile telephone number which meets the requirements in subsection (15). The requirements are that the email address or mobile telephone number— was not provided to the person by and is not controlled by— the person’s employer in their capacity as the person’s employer, or the trade union, has not been provided to the scrutineer in respect of any other person for the purposes of the ballot, and has been provided by the person to the trade union for the purpose of communication between the person and the trade union. In this section— “last voting day” means 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; “the relevant date” means— 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; “voting materials” means either or both of the following, as applicable— voting access methods; voting papers.

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