Certification Officer
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Who this guidance is for
This guidance is for officials of trade unions that have an existing political resolution in force and a separate fund for spending on political objects (a political fund).
This guidance sets out
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the legal requirements for trade unions with an existing political resolution to renew their resolution
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the process a trade union must follow to seek renewal of an existing resolution
These requirements are set out in the Trade Union and Labour Relations (Consolidation) Act 1992.
Read Chapter VI of the act on legislation.gov.uk.
A trade union that has not already established a political fund should refer to the COs guidance.
Establishing A Political Fund - GOV.UK (www.gov.uk)
The guidance on political funds apply to unincorporated employers associations as well as trade unions. For simplicity, this guide only refers to trade unions.
Employers associations wanting to set up a political fund should contact the Certification Office:
Email: info@certoffice.orgTelephone: 0330 109 3602
This guide should not be regarded as a complete or authoritative statement of the law.
Trade unions in Northern Ireland
British law on political funds does not apply to trade unions with headquarters in, and a membership restricted to, Northern Ireland.
A trade union that has its main office in Great Britain and has members in Northern Ireland should seek additional guidance from the Northern Ireland Certification Officer.
Further details can be found on the Northern Ireland Certification Officers website.
Website: Certification Officer for Northern Ireland.
Email: info@nicertoffice.org.uk
Telephone: 028 9023 7773
What the law requires
A trade union may not spend any part of its funds in the furtherance of political objects unless those objects have first been approved by a resolution passed on a ballot of its members.
Political objects means the expenditure of money by the trade union that directly or indirectly benefits a political party. The full list of political objects is set out atsection 72of the Trade Union and Labour Relations (Consolidation) Act 1992 (the 1992 Act).
Read section 72 of the act on legislation.gov.uk.
After approval of the initial political resolution, the resolution must be put to the trade unions members every 10 years via a ballot. This is known as a review ballot.
The ballot must be held in accordance with rules approved beforehand by the CO.
When a review ballot is a legal requirement
A review ballot must be held within 10 years of the date of the last ballot that was held. The date of the ballot is defined as the last date on which votes were able to be cast in that ballot.
Special provisions apply to a trade union formed by an amalgamation of two or more trade unions each of which had political resolutions in force. A trade union formed in this way must hold a review ballot within 10 years of the date of the earliest of the ballots which passed the political resolutions in force immediately before the amalgamation.
Actions the trade union needs to take in preparation
The following is a summary of actions a trade union needs to take in preparation for a review ballot.
- Prepare the draft ballot rules.
- Submit the draft ballot rules for preliminary approval by the Certification Officer.
- Adopt the ballot rules.
- Submit the ballot rules for formal approval.
- Hold the ballot.
- Notify members of the result of the ballot.
- If the resolution is passed, and if the ballot is in favour of retaining the political fund, trade union members must be notified of their right to an exemption.
The ballot rules
The CO advises you to follow the model ballot rules which are appropriate in most cases. There are also alternative model rules for situations where the roles of the scrutineer and the independent person are to be carried out by different people.
You should submit the draft ballot rules to the CO for preliminary approval well before the date when the trade union would need to adopt the ballot rules. This is to enable sufficient time to make the necessary practical arrangements for the voting.
The CO must be satisfied that the ballot rules meet the requirements of sections 75 to 78 of the 1992 act. She will need more time to consider the rules if you choose not to adopt the model rules.
Read sections 75 to 78 of the act on legislation.gov.uk
The COs preliminary approval
You should email the draft rules to the CO for her comments before the trade union adopts the rules.
If the model rules are followed, the CO will usually be able to give her preliminary approval within 2 weeks.
If the model rules are not followed, the CO may ask for amendments to be made before giving preliminary approval. In the latter case, you should allow at least 8 weeks to complete this process.
Adoption of the ballot rules by the trade union
The political fund ballot rules can be adopted by a majority of delegates of the trade union voting at a meeting called for the purpose. Most trade unions chose to achieve this through a majority vote on a trade unions executive committee which was called to approve rules relating to political funds.
The CO has prepared a draft resolution which you may choose to follow at the meeting to adopt the ballot rules.
If the political objects in the ballot rules differ from the model ballot rules, the trade union must take steps to adopt the revised political objects. The CO must approve all changes to the trade unions political fund rules. Any change to the political objects can be adopted by the trade union at the same time and by the same method as the ballot rules along with any other rule changes required.
If the trade union anticipates any amendments to the political fund rules, it is advisable to seek preliminary approval from the CO before the trade union formally adopts them.
The COs formal approval
Once the ballot rules have been adopted and before the ballot is held you will need to send:
- a copy of the ballot rules, signed by 3 members of the executive committee or other governing body of the trade union
- a completed application form signed by the trade unions general secretary
- a copy of the minutes of the meeting at which the rules were adopted
Download the application form to request the COs formal approval.
These should be sent by email to info@certoffice.org
If the CO approves the ballot rules, she will send the trade union a certifica