Trade Union Bill

Amendment
to be moved
on report

Clause 10

LORD BURNS

LORD TYLER

THE EARL OF KINNOULL

[In substitution for the first amendment printed on sheet HL Bill 99(a)]

 

Page 6, leave out lines 5 to 42 and insert—

“(1)     A person who, after the transition period, joins a trade union that
has a political fund at the time the person joins shall, on the trade
union membership form (whether paper or electronic), be asked
whether or not the person wishes to contribute to the political fund,
and informed that the decision shall not affect any other aspects of
the person’s membership.

(2)     It shall be unlawful to require a person who joins a trade union after
the transition period to make a contribution to any political fund of
that trade union if the person has not given to the trade union
notice—

(a)   on the membership form (whether paper or electronic), or

(b)   in accordance with subsection (6),

of the person’s willingness to contribute to that fund.

(3)     It shall be unlawful for any trade union which does not have in
force a political resolution under section 73 (political resolution) at
the end of the transition period, but which subsequently passes a
political resolution under that section, to require a member of the
trade union to make a contribution to the political fund if the
member has not given notice to the trade union in accordance with
subsection (6) of the member’s willingness to contribute to that
fund.

(4)     A member of a trade union who contributes to a political fund but
wishes to cease contributing to that political fund shall give notice
to that effect to the trade union in accordance with subsection (6).

(5)     A member of a trade union who gives notice under subsection (4)
shall, after the end of the period of one month beginning with the
day on which it is given, no longer be required to contribute to the
political fund.

(6)     Notice under subsection (2), (3) or (4) may be given to a trade union
by being delivered—

(a)   to the head office of the trade union, or

(b)   to a branch office of the trade union,

in person, by any authorised agent, by post, or by electronic means.

(7)     The Certification Officer shall, within six months of section 10 of the
Trade Union Act 2016 coming into force, issue a code of practice
which must set out the minimum level of communications which
trade unions with political funds must have every year with
political fund contributors about their right to cease contributing to
the political fund.

(8)     The Certification Officer must monitor the compliance of trade
unions with political funds with the code of practice issued under
subsection (7), and shall in their annual report under section 258
(annual report and accounts) set out their findings.

(9)     In this Act “contributor”, in relation to the political fund of a trade
union, means a member who makes a contribution to the political
fund and has not given notice to the trade union under subsection
(4).

(10)     In this section “the transition period” means the period to be
specified by the Secretary of State in regulations made by statutory
instrument following consultation with the Certification Officer
and all trade unions which have a political fund.

(11)     The period to be specified by the Secretary of State under subsection
(10) shall be no less than 12 months, and shall start on the day on
which section 10 of the Trade Union Act 2016 comes into force.

(12)     A statutory instrument containing regulations under subsection
(10) may not be made unless a draft of the instrument has been laid
before, and approved by a resolution, of each House of Parliament.”

 

Prepared 9th March 2016