Trade Union Act 2016

2016 c. 15

An Act to make provision about industrial action, trade unions, employers' associations and the functions of the Certification Officer.

Enacted[4th May 2016]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Introduction¶

^I11 Meaning of “the 1992 Act”¶

In this Act “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992.

Ballot thresholds for industrial action¶

^I32 Ballots: 50% turnout requirement¶

1 In section 226 of the 1992 Act (requirement of ballot before action by trade union), in subsection (2)(a), after sub-paragraph (ii) insert—

2 Subsection (1) does not apply to any ballot opened before the day on which this section comes into force.For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.

^F43 Ballots: 40% support requirement in important public services¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electronic balloting¶

^F54 Provision for electronic balloting: review and piloting scheme¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information requirements relating to industrial action¶

^F65 Information to be included on voting paper¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I46 Information to members etc about result of ballot¶

1 In section 231 of the 1992 Act (information as to result of ballot), for the words after “all persons entitled to vote in the ballot” substitute

^F77 Information to Certification Officer about industrial action etc¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Timing and duration of industrial action¶

^F88 Two weeks' notice to be given to employers of industrial action¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I59 Expiry of mandate for industrial action¶

1 In section 234 of the 1992 Act (period after which ballot ceases to be effective), for subsection (1) substitute—

2 Subsection (1) and paragraphs 13 and 14 of Schedule 4 do not apply to any industrial action the ballot for which opened before the day on which this section comes into force.For this purpose a ballot is “opened” on the first day when a voting paper is sent to any person entitled to vote in the ballot.

Picketing¶

^F910 Union supervision of picketing¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of funds for political objects¶

^I2^I611 Opting in by union members to contribute to political funds¶

^F101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 For section 85 of the 1992 Act substitute—

4 In section 82 of the 1992 Act (rules as to political fund), in subsection (1), for the word “and” at the end of paragraph (c) substitute—

^F125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1312 Union's annual return to include details of political expenditure¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Facility time and check-off¶

^F1413 Publication requirements¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1514 Reserve powers¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1615 Restriction on deduction of union subscriptions from wages in public sector¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certification Officer¶

^I3016 Certification Officer not subject to ministerial direction¶

In section 254 of the 1992 Act (the Certification Officer), at the end of subsection (2) insert “ (but is not subject to directions of any kind from any Minister of the Crown as to the manner in which he is to exercise his functions) ”.

^I23^I3117 Investigatory powers etc¶

^F171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Schedule 2, which makes amendments to the 1992 Act in relation to the powers of the Certification Officer, has effect.

^F2018 Enforcement by Certification Officer of new annual return requirements¶

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19 Further powers of Certification Officer where enforcement order made¶

^F211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F213 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I264 The provisions of the 1992 Act set out below (which provide for certain orders made by the Certification Officer to be enforceable in the same way as orders of the court) are amended as shown.

Provision	Amendment
In section 24B (enforcement of sections 24 to 24ZC by Certification Officer), subsection (12)	after “enforced” insert “ by the Officer ”
In section 25 (remedy for failure: application to Certification Officer), subsection (10)	after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5B)) ”
In section 31 (remedy for failure to comply with request for access), subsection (5)	after “enforced” insert “ (by the Certification Officer or the applicant) ”
In section 45C (remedies and enforcement), subsection (9)	after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (6)) ”
In section 55 (application to Certif-ication Officer), subsection (9)	after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5C)) ”
In section 72A (application of funds in breach of section 71), subsection (9)	after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (8)) ”
In section 80 (application to Certif-ication Officer), subsection (9)	after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (5C)) ”
In section 82 (rules as to political fund), subsection (4B)	after “enforced” insert “ (by the Certification Officer, the complainant or a person mentioned in subsection (4A)) ”
In section 108B (declarations and orders), subsection (8)	after “enforced” insert “ (by the Certification Officer, the applicant or a person mentioned in subsection (7)) ”

^I2520 Power to impose levy¶

1 After section 257 of the 1992 Act insert—

257A Levy payable to Certification Officer

1 The Secretary of State may by regulations make provision for the Certification Officer to require trade unions and employers' associations (“relevant organisations”) to pay a levy to the Officer.

2 The regulations must require the Certification Officer, in determining the amounts to be levied, to aim to ensure that the total amount levied over any period of three years does not exceed the total amount of the Officers's expenses over that period that are referable to specified functions of the Officer.

3 The regulations may make provision for determining what things count as expenses of the Certification Officer for the purposes of provision made by virtue of subsection (2), and may in particular provide for the expenses to be treated as including—

a expenses incurred by ACAS in providing staff, accommodation, equipment and other facilities under section 254(5), or

b expenses in respect of which payments are made under section 255(1) or (2).

4 The regulations may provide for the Certification Officer to determine the amount of levy payable by a relevant organisation by reference to specified criteria, which may include—

a the number of members or the amount of income that the organisation has;

b whether the organisation is—

i a federated trade union,

ii a trade union that is not a federated trade union,

iii a federated employers' association, or

iv an employers' association that is not a federated employers' association;

c the different proportions of the Officer's expenses that are referable to—

i functions in relation to federated trade unions,

ii functions in relation to trade unions that are not federated trade unions,

iii functions in relation to federated employers' associations, and

iv functions in relation to employers' associations that are not federated employers' associations.

5 The regulations may provide—

a for the levy not to be payable, or for a reduced amount to be payable, in specified cases or in cases determined by the Certification Officer in accordance with the regulations;

b for the intervals at which the levy is to be paid;

c for interest to be payable where a payment is not made by the required date;

d for an amount levied to be recoverable by the Certification Officer as a debt.

6 The regulations may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient.

7 In this section—

“federated employers' association” has the same meaning as in section 135;
“federated trade union” has the same meaning as in section 118;
“specified” means specified in the regulations.

8 Before making regulations under this section the Secretary of State must consult relevant organisations and ACAS.

9 No regulations under this section shall be made unless a draft of them has been laid before Parliament and approved by a resolution of each House of Parliament.

10 The Certification Officer shall pay into the Consolidated Fund amounts received by virtue of this section.

2 In section 258 of that Act (annual reports and accounts), after subsection (1) insert—

^I3221 Rights of appeal not limited to questions of law¶

In each of the following provisions of the 1992 Act, for “on any question of law arising” substitute “ on any question arising ”

a section 45D (appeal from Certification Officer on question arising in proceedings etc under section 24B, 24C, 25, 31, 32ZC or 45C);

b section 56A (appeal from Certification Officer on question arising in proceedings etc under section 55);

c section 95 (appeal from Certification Officer on question arising in proceedings etc under Chapter 6 of Part 1);

d section 104 (appeal from Certification Officer on question arising in proceedings etc under section 103);

e section 108C (appeals from Certification Officer on question arising in proceedings etc under Chapter 7A of Part 1).

General¶

^I7^I3322 Minor and consequential amendments¶

Schedule 4 (minor and consequential amendments) has effect.

23 Financial provision¶

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

24 Extent¶

An amendment or repeal made by this Act has the same extent as the enactment to which it relates.

25 Commencement¶

1 This Act, apart from sections 23 to 26 (which come into force on the day on which this Act is passed), comes into force on whatever day or days the Secretary of State appoints by regulations made by statutory instrument.

2 Regulations under this section may include saving, transitional or transitory provision.

26 Short title¶

This Act may be cited as the Trade Union Act 2016.

SCHEDULES

^F1SCHEDULE 1 ¶

Certification Officer: investigatory powers: Schedule to be inserted into the 1992 Act

Section 17

SCHEDULE 2 ¶

Certification Officer: exercise of powers ^F3... etc

Section 17

Duty to secure positions not held by certain offenders¶

^I341

1 Section 45C of the 1992 Act (remedies and enforcement) is amended as follows.

2 In subsection (1), for “effect.” substitute “ effect; but the Certification Officer may also exercise the powers under this section where no application is made under this section. ”

3 After that subsection insert—

4 For subsection (2) substitute—

5 In subsection (6), for “the application on which the order was made” substitute “ an application under this section ”.

6 In subsection (7) omit “of the application”.

Elections for certain positions¶

^I352

1 Section 54 of the 1992 Act (remedy for failure to comply with requirements: general) is amended as follows.

2 For subsection (1) substitute—

3 In subsection (2), for the words before paragraph (a) substitute “ An application for a declaration under section 55 or 56 may be made only— ”.

^I363

1 Section 55 of the 1992 Act (application to Certification Officer) is amended as follows.

^F222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 For subsections (1) and (2) substitute—

4 In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”.

5 In subsection (7) omit “of the application”.

Application of a trade union's funds in the furtherance of political objects¶

^I374

1 Section 72A of the 1992 Act (application of funds in breach of section 71) is amended as follows.

2 In subsection (1), for “so.” substitute “ so; but the Certification Officer may also exercise the powers under this section where no application is made. ”

3 After that subsection insert—

4 For subsection (2) substitute—

5 In subsection (6) omit “of the application”.

6 In subsection (8), for “the application on which the order was made” substitute “ an application under this section ”.

Compliance with political ballot rules¶

^I385

1 Section 79 of the 1992 Act (remedy for failure to comply with ballot rules: general) is amended as follows.

2 For subsection (1) substitute—

3 In subsection (2), for “those sections” substitute “ section 80 or 81 ”.

^I396

1 Section 80 of the 1992 Act (application to Certification Officer) is amended as follows.

^F232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 For subsections (1) and (2) substitute—

1 Where the Certification Officer is satisfied, either on an application by a person having a sufficient interest (see section 79(2)) or without any such application having been made, that a trade union—

a has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or

b has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved,

the Officer may make a declaration to that effect.

2 Before deciding the matter the Certification Officer—

a may make such enquiries as the Officer thinks fit,

b must give the union and the applicant (if any) an opportunity to make written representations, and

c may give the union and the applicant (if any) an opportunity to make oral representations.

4 In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”.

5 In subsection (7) omit “of the application”.

Rules as to political fund¶

^I24^I281 Section 82 of the 1992 Act (rules as to political fund) is amended as follows.

^I272 In subsection (2), for “Officer.” substitute “ Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made. ”

^I24^I283 For subsections (2A) and (3) substitute—

^I274 In subsection (3A) omit “of the application”.

^I275 In subsection (4A), for “the complaint on which it was made” substitute “ a complaint under this section ”.

Ballots on amalgamations or transfers¶

^I408

1 Section 103 of the 1992 Act (complaints as to passing of resolution) is amended as follows.

2 In the heading, for “Complaints” substitute “ Powers of Certification Officer ”.

3 In subsection (1), for “Officer.” substitute “ Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made. ”

4 Omit subsection (2A).

5 In subsection (3), for the words before paragraph (a) substitute “ Where the Certification Officer is satisfied that there has been a failure such as is mentioned in paragraph (a) or (b) of subsection (1)— ”.

6 After that subsection insert—

7 In subsection (4) omit “on a complaint”.

8 In subsection (6) omit “of the application”.

9 In subsection (8), for “the complaint on which the order was made” substitute “ a complaint under this section ”.

^F2SCHEDULE 3 ¶

Certification Officer: power to impose financial penalties: Schedule to be inserted into the 1992 Act

Section 19

^F2SCHEDULE A4

Certification Officer: power to impose financial penalties

Section 256D

^F2Introduction

^F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2Power to impose financial penalties

^F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2Enforcement of conditional penalty order

^F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2Representations

^F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2Appeals

^F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2Amount of penalty

^F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2Early or late payment, and enforcement

^F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2Regulations

^F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2Payment of penalties etc into Consolidated Fund

^F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 ¶

Minor and consequential amendments

Section 22

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)¶

^I411Omit section 24C and sections 24ZH to 24ZK of the 1992 Act (which are superseded by the inserted Schedule set out in Schedule 1 to this Act).

^F242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I423In section 45D of the 1992 Act (appeals from Certification Officer)—

a omit “24C,”;

^F25b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I84In section 62 of the 1992 Act (right to a ballot before industrial action), for subsection (2) substitute—

^I95In section 71 of the 1992 Act (restriction on use of funds for political objects), in subsection (1)(b), for sub-paragraph (ii) substitute—

^I106

1 Section 82 of the 1992 Act (rules as to political fund) is amended as follows.

2 In subsection (1), for paragraph (b) substitute—

3 In subsection (1)(c), for “being so exempt” substitute “ not being a contributor ”.

^I117

1 Section 86 of the 1992 Act is amended as follows.

2 For the heading substitute “ Employer not to deduct contributions where member gives certificate ”.

^F263 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I128In section 91 of the 1992 Act (rules to cease to have effect), in subsection (4), for the words before paragraph (a) substitute “ A member of a trade union who has at any time not been a contributor to its political fund shall not for that reason— ”.

^F279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^I1310In section 118 of the 1992 Act (federated trade unions), in subsection (7), for “not exempt from the obligation to contribute” substitute “ contributors ”.

^I1411In section 135 of the 1992 Act (federated employers' associations), in subsection (4), for “not exempt from the obligation to contribute” substitute “ contributors ”.

^I1512In section 226 of the 1992 Act (requirement of ballot before action by trade union), in subsection (2)(a), omit the word “and” at the end of sub-paragraph (ii).

^I1613In section 233 of the 1992 Act (calling of industrial action with support of ballot), for subsections (1) to (3) substitute—

^I1714In section 234 of the 1992 Act (period after which ballot ceases to be effective)—

a in subsection (3) omit the words after paragraph (b);

b in subsection (6) omit the second sentence.

^I4315

1 Section 254 of the 1992 Act (the Certification Officer) is amended as follows.

2 In subsection (5A) omit “Subject to subsection (6),”.

3 Omit subsection (6).

^I4416In section 256 of the 1992 Act (procedure before the Certification Officer), in subsection (1)(c), for the words after “declaration or” substitute “ order under section 24B, 32ZC, 45C, 55, 72A, 80, 82 or 103 or under paragraph 5 of Schedule A3 ”.

^I1817After section 297 of the 1992 Act insert—

^I1918In section 298 of the 1992 Act (minor definitions: general), at the appropriate place insert—

^I2019In section 299 of the 1992 Act (index of defined expressions), at the appropriate places insert—

Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)¶

^I2120

1 Article 71 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)) (application to Great Britain unions and members) is amended as follows.

2 In paragraph (3)—

a for “exempt from the obligation to contribute” substitute “ not a contributor ”;

b for “so exempt” substitute “ not a contributor to that fund ”.

3 Omit paragraph (5)(b).

Consequential repeals¶

21In consequence of the amendments made by this Act, omit the following—

^I22a in the Trade Union Reform and Employment Rights Act 1993, paragraph 47(b) of Schedule 8;

^I29b in the Employment Relations Act 1999, paragraph 10 of Schedule 3 and paragraphs 17(2) and 18(2) of Schedule 6;

c in the Employment Relations Act 2004, section 24(2) and paragraph 14 of Schedule 1.

Footnotes

I1
S. 1 in force at 3.11.2016 by S.I. 2016/1051, reg. 3(a)
I2
S. 11 in force at 5.12.2016 for specified purposes by S.I. 2016/1170, reg. 2(b)
I3
S. 2 in force at 1.3.2017 by S.I. 2017/139, reg. 2(a)
I4
S. 6 in force at 1.3.2017 by S.I. 2017/139, reg. 2(d)
I5
S. 9 in force at 1.3.2017 by S.I. 2017/139, reg. 2(g)
I6
S. 11 in force at 1.3.2017 in so far as not already in force by S.I. 2017/139, reg. 2(i)
I7
S. 22 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)
I8
Sch. 4 para. 4 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i)
I9
Sch. 4 para. 5 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) (with reg. 4)
I10
Sch. 4 para. 6 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) (with reg. 4)
I11
Sch. 4 para. 7 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) (with reg. 4)
I12
Sch. 4 para. 8 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) (with reg. 4)
I13
Sch. 4 para. 10 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) (with reg. 4)
I14
Sch. 4 para. 11 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i) (with reg. 4)
I15
Sch. 4 para. 12 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i)
I16
Sch. 4 para. 13 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i)
I17
Sch. 4 para. 14 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(i)
I18
Sch. 4 para. 17 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(ii)
I19
Sch. 4 para. 18 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(ii)
I20
Sch. 4 para. 19 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(ii)
I21
Sch. 4 para. 20 in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(ii) (with reg. 4)
I22
Sch. 4 para. 21(a)(c) in force at 1.3.2017 by S.I. 2017/139, reg. 2(n)(iii)
I23
S. 17 in force at 8.12.2021 for specified purposes by S.I. 2021/1373, reg. 3(a)
I24
Sch. 2 para. 7(1)(3) in force at 8.12.2021 for specified purposes by S.I. 2021/1373, reg. 3(a)
I25
S. 20 in force at 8.12.2021 by S.I. 2021/1373, reg. 3(c)
I26
S. 19(3)(4) in force at 1.4.2022 by S.I. 2021/1373, reg. 4(c) (with reg. 15)
I27
Sch. 2 para. 7(2)(4)(5) in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 13)
I28
Sch. 2 para. 7(1)(3) in force at 1.4.2022 in so far as not already in force by S.I. 2021/1373, reg. 4(b) (with reg. 13)
I29
Sch. 4 para. 21(b) in force at 1.4.2022 by S.I. 2021/1373, reg. 4(e)
I30
S. 16 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(a)
I31
S. 17 in force at 1.4.2022 in so far as not already in force by S.I. 2021/1373, reg. 4(b) (with regs. 5-14)
I32
S. 21 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(d) (with reg. 16)
I33
S. 22 in force at 1.4.2022 in so far as not already in force by S.I. 2021/1373, reg. 4(e)
I34
Sch. 2 para. 1 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 7)
I35
Sch. 2 para. 2 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 8)
I36
Sch. 2 para. 3 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 9)
I37
Sch. 2 para. 4 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 10)
I38
Sch. 2 para. 5 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 11)
I39
Sch. 2 para. 6 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 12)
I40
Sch. 2 para. 8 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 14)
I41
Sch. 4 para. 1 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(e)
I42
Sch. 4 para. 3 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(e)
I43
Sch. 4 para. 15 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(e)
I44
Sch. 4 para. 16 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(e)
F1
Sch. 1 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 82(7)(b)(ii), 159(2)(n) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 15)
F2
Sch. 3 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 84(4)(b), 159(2)(p)
F3
Words in Sch. 2 heading omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 83(10)(b)(i), 159(2)(o) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 16)
F4
S. 3 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 69(4), 159(2)(f)
F5
S. 4 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 73(1), 159(2)(j) (with s. 73(2))
F6
S. 5 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 71(2), 159(2)(h) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 8)
F7
S. 7 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 79(2), 159(3); S.I. 2026/3, reg. 3(9)
F8
S. 8 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 74(2), 159(2)(k) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 10)
F9
S. 10 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 75(2), 159(2)(l)
F10
S. 11(1) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 62(7)(a), 159(2)(b)
F11
S. 11(2) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 62(7)(a), 159(2)(b)
F12
S. 11(5)-(8) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 62(7)(a), 159(2)(b)
F13
S. 12 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 80(7), 159(2)(m) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 13)
F14
S. 13 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 66(2), 159(2)(d)
F15
S. 14 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 66(2), 159(2)(d)
F16
S. 15 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 63(2), 159(2)(c) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 5)
F17
S. 17(1) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 82(7)(b)(i), 159(2)(n) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 15)
F18
S. 17(2) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 82(7)(b)(i), 159(2)(n) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 15)
F19
Words in s. 17(3) substituted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 83(10)(a), 159(2)(o) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 16)
F20
S. 18 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 81(6)(a), 159(3); S.I. 2026/3, reg. 3(10) (with Sch. 2 para. 14)
F21
S. 19(1)-(3) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 84(4)(a), 159(2)(p)
F22
Sch. 2 para. 3(2) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 83(10)(b)(ii), 159(2)(o) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 16)
F23
Sch. 2 para. 6(2) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 83(10)(b)(iii), 159(2)(o) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 16)
F24
Sch. 4 para. 2 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 82(7)(b)(iii), 159(2)(n) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 15)
F25
Sch. 4 para. 3(b) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 82(7)(b)(iii), 159(2)(n) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 15)
F26
Sch. 4 para. 7(3) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 62(7)(b)(i), 159(2)(b)
F27
Sch. 4 para. 9 omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 62(7)(b)(ii), 159(2)(b)

Trade Union Act 2016

Introduction¶

I11 Meaning of “the 1992 Act”¶

Ballot thresholds for industrial action¶

I32 Ballots: 50% turnout requirement¶

F43 Ballots: 40% support requirement in important public services¶

Electronic balloting¶

F54 Provision for electronic balloting: review and piloting scheme¶

Information requirements relating to industrial action¶

F65 Information to be included on voting paper¶

I46 Information to members etc about result of ballot¶

F77 Information to Certification Officer about industrial action etc¶

Timing and duration of industrial action¶

F88 Two weeks' notice to be given to employers of industrial action¶

I59 Expiry of mandate for industrial action¶

Picketing¶

F910 Union supervision of picketing¶

Application of funds for political objects¶

I2I611 Opting in by union members to contribute to political funds¶

F1312 Union's annual return to include details of political expenditure¶

Facility time and check-off¶

F1413 Publication requirements¶

F1514 Reserve powers¶

F1615 Restriction on deduction of union subscriptions from wages in public sector¶

Certification Officer¶

I3016 Certification Officer not subject to ministerial direction¶

I23I3117 Investigatory powers etc¶

F2018 Enforcement by Certification Officer of new annual return requirements¶

19 Further powers of Certification Officer where enforcement order made¶

I2520 Power to impose levy¶

I3221 Rights of appeal not limited to questions of law¶

General¶

I7I3322 Minor and consequential amendments¶

23 Financial provision¶

24 Extent¶

25 Commencement¶

26 Short title¶

SCHEDULES

F1SCHEDULE 1 ¶

Certification Officer: investigatory powers: Schedule to be inserted into the 1992 Act

SCHEDULE 2 ¶

Certification Officer: exercise of powers F3... etc

Duty to secure positions not held by certain offenders¶

Elections for certain positions¶

Application of a trade union's funds in the furtherance of political objects¶

Compliance with political ballot rules¶

Rules as to political fund¶

Ballots on amalgamations or transfers¶

F2SCHEDULE 3 ¶

Certification Officer: power to impose financial penalties: Schedule to be inserted into the 1992 Act

SCHEDULE 4 ¶

Minor and consequential amendments

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)¶

Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)¶

Consequential repeals¶

Footnotes

^I11 Meaning of “the 1992 Act”¶

^I32 Ballots: 50% turnout requirement¶

^F43 Ballots: 40% support requirement in important public services¶

^F54 Provision for electronic balloting: review and piloting scheme¶

^F65 Information to be included on voting paper¶

^I46 Information to members etc about result of ballot¶

^F77 Information to Certification Officer about industrial action etc¶

^F88 Two weeks' notice to be given to employers of industrial action¶

^I59 Expiry of mandate for industrial action¶

^F910 Union supervision of picketing¶

^I2^I611 Opting in by union members to contribute to political funds¶

^F1312 Union's annual return to include details of political expenditure¶

^F1413 Publication requirements¶

^F1514 Reserve powers¶

^F1615 Restriction on deduction of union subscriptions from wages in public sector¶

^I3016 Certification Officer not subject to ministerial direction¶

^I23^I3117 Investigatory powers etc¶

^F2018 Enforcement by Certification Officer of new annual return requirements¶

^I2520 Power to impose levy¶

^I3221 Rights of appeal not limited to questions of law¶

^I7^I3322 Minor and consequential amendments¶

^F1SCHEDULE 1 ¶

Certification Officer: exercise of powers ^F3... etc

^F2SCHEDULE 3 ¶