Section 72O

The scrutineer’s report on the ballot must state, so far as relevant— the means of voting by which votes have been cast in the ballot, the number of persons who were entitled to vote in the ballot, the number of voting papers returned to the scrutineer, the number of electronic voting forms submitted, the number of valid votes cast in the ballot for and against the resolution, the number of spoiled or otherwise invalid voting papers returned and electronic voting forms submitted, the name of the person (or of each of the persons) appointed under section 72L or, if no person was so appointed, that fact, the number of submitted electronic voting forms which were discounted by the scrutineer following a request from the person who submitted the electronic voting form, and the changes made to permissions to access and edit the electronic voting system during the ballot. The report must also state whether the scrutineer is satisfied— and if the scrutineer is not satisfied as to any of those matters, the report must give particulars of the scrutineer’s reasons for not being satisfied as to that matter. that there are no reasonable grounds for believing that there was any contravention of a requirement imposed by or under any enactment in relation to the ballot, that the arrangements made (whether by the scrutineer or by any other person) with respect to the following matters, so far as relevant, included all such security arrangements as were reasonably practicable for the purpose of minimising the risk that any unfairness or malpractice might occur— the production, storage, distribution, return or other handling of the voting papers used in the ballot, the production, distribution and storage of voting access methods and the maintenance of the electronic voting system, the counting of the votes, and that the scrutineer has been able to carry out the scrutineer’s functions without such interference as would make it reasonable for any person to call the scrutineer’s independence in relation to the union into question, The report must also state— but must not state the name of any member who has requested such an inspection or examination. whether the scrutineer— has inspected the register of names and addresses of the members of the trade union, or has examined the copy of the register as at the relevant date which is supplied to the scrutineer in accordance with section 72F(10)(a), if the scrutineer has, whether in the case of each inspection or examination the scrutineer was acting on a request by a member of the trade union or at the scrutineer’s own instance, whether the scrutineer declined to act on any such request, and whether any inspection of the register, or any examination of the copy of the register, has revealed any matter which the scrutineer considers should be drawn to the attention of the trade union in order to assist it in securing that the register is accurate and up-to-date, Where one or more persons other than the scrutineer are appointed under section 72L, the statement included in the scrutineer’s report in accordance with subsection (2)(b) must also indicate— whether the scrutineer is satisfied with the performance of the person, or each of the persons, so appointed, and if the scrutineer is not satisfied with the performance of the person, or any of them, particulars of the reasons for not being so satisfied. The trade union must not publish the result of the ballot until it has received the scrutineer’s report. The trade union must within the period of three months after it receives the report— send a copy of the report to every member of the union to whom it is reasonably practicable to send such a copy, or take all such other steps for notifying the contents of the report to the members of the union (whether by publishing the report or otherwise) 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. Any such copy or notification must be accompanied by a statement that the union will, on request, supply any member of the union with a copy of the report, either free of charge or on payment of such reasonable fee as may be specified in the notification. The trade union must so supply any member of the union who makes such a request and pays the fee (if any) notified to the member.

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