HC Deb 26 March 1984 vol 57 cc104-5
Mr. Alan Clark

I beg to move amendment No. 4, in page 4, line 35, at end insert— '(1A) An application relating to an election which has been held must be made before the expiry of the period of one year beginning with the date on which the result of the election is announced by the trade union.' This is purely a technical amendment. The Bill as currently drafted provides that an application to the courts for a declaration that an election failed to comply with the requirements of part I can be made at any time. The amendment requires that any such application must be made within a year of the result of the election being announced by the union. This is obviously a sensible alteration.

Amendment agreed to.

Mr. Alan Clark

I beg to move amendment No. 5, in page 5, line 24, leave out 'is a member of the union at the appropriate time' and insert 'satisfies the requirements of subsection (10) below'.

Mr. Speaker

With this it will be convenient to discuss Government amendments Nos. 6, 14 and 15.

Mr. Clark

These amendments are equally non-controversial and complement each other. Clause 3(9) and (10) as currently drafted provide that, where a court makes an order in relation to the holding of an election which is not complied with, any person can institute contempt proceedings so long as he is a member of the union at the time when such proceedings are begun.

Amendments Nos. 5 and 6 provide, in contrast, that those instituting contempt proceedings must also have been members of the union at the time that the order was made. Amendments Nos. 14 and 15 make similar provisions in respect of the institution of contempt proceedings where a trade union has failed to comply with a court order made under clause 13(2) requiring it to take such steps as may be specified to secure that the collection of the political levy ceases following an unsuccessful review ballot.

Amendment agreed to.

Amendment made: No. 6, in page 5, line 27, leave out subsection (10) and insert— '(10) The requirements are that—

  1. (a) he is a member of the union at the time when the proceedings to enforce obedience to the order are begun; and
  2. (b) he was such a member at the time when the order was made.'.—[Mr. Alan Clark.]

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