Section 94

Where a political resolution is in force in relation to the union— rules made by the union for the purpose of complying with section 72D (trade union without a branch or section in Northern Ireland: trade union with a branch or section in Northern Ireland: political ballot rules) or section 74 (political ballot rules) in relation to a proposed ballot may provide for overseas members of the union not to be accorded entitlement to vote in the ballot , and rules made by the union for the purpose of complying with section 84A (opt-out information notices) may provide for opt-out information notices not to be given by the union to its overseas members. Accordingly, where provision is made in accordance with subsection (1)(a), the Certification Officer shall not on that ground withhold his approval of the rules ; and where provision is made in accordance with subsection (1)(b), section 84A(1) is not to be taken to require opt-out information notices to be given to overseas members ... An “overseas member” means 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. For this purpose— “merchant seaman” means a person whose employment, or the greater part of it, is carried out on board sea-going ships; and “offshore worker” means a person in offshore employment, other than one who is in such employment in an area where the law of Northern Ireland applies.

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