Commentary Means of voting in ballots and elections
362.Section 54 - Unions are required under the 1992 Act to hold ballots or elections:
	for certain major positions within the union (sections 46 to 61);
	to approve a political resolution for the purpose of enabling the union to spend money on political objects (sections 73 to 78);
	when amalgamating with or transferring its engagements to another union (sections 100 to 100E);
	when proposing to organise industrial action (sections 226 to 234);
Currently, the provisions governing the above ballots and elections require the method of voting to be by post.  The 1992 Act also governs recognition and derecognition ballots under Schedule A1.
363.The general effect of the power contained in section 54 is to allow the Secretary of State, by order subject to the affirmative resolution procedure, to widen the means of voting that are to be available in ballots and elections conducted under the provisions of the 1992 Act. The order has to specify what means of voting are available in principle in relation to a description of the ballot or election.
364.An order under this section may also identify “a responsible person” to determine, in relation to a particular ballot or election of that description, the voting means that must or may be used (these are permitted to be different for different voters in order to take account of the varying circumstances that may apply in relation to different groups of voters). The order must contain factors to be taken into account and criteria to be applied by the responsible person in making this determination. In specifying these the Secretary of State is under a duty to have regard to the need for ballots to meet a required standard such that there is an opportunity to vote, the votes cast are secret and the risk of unfairness or malpractice is minimised. Since the requirements in relation to ballots under Schedule A1 to the 1992 Act are less stringent in relation to these matters than the requirements in relation to other ballots under the Act, it is possible that a responsible person will be able to permit a method to be used in Schedule A1 ballots which he could not permit to be used in other ballots.
365.Subsection (1) provides that the Secretary of State may make provision, in relation to any description of ballot or election authorised or required by the 1992 Act, that any ballot or election or ballot of that description is to be conducted by one or more “permissible means” specified in the order as determined by “the responsible person”.
366.Subsection (2) provides that a “permissible means” is a means of voting that the order provides is permissible for a specified description of ballot or election and subsection (3) provides that “the responsible person” is a person specified, or of a description specified, in the order.
367.Subsection (4) enables an order made under this section, (a) to include provision about the determinations by the responsible person as to what means are to be used or allowed in a particular ballot, including requirements that he is to take specified factors into account or apply specified criteria, (b) to allow different means of voting to be chosen by the responsible person in different circumstances, and (c) to allow the responsible person to permit some or all of the voters to have a choice of means by which they may vote.
368.Subsection (5) has the effect that the “means” that an order made under the power in the section may specify as being “permissible means” must always include (or consist of) postal voting.
369.Subsection (7) provides that an order made under this section may modify the provisions of the 1992 Act, exclude or apply (with or without modifications) the provisions of the Act and make provision, in relation to a ballot or election conducted by a specified means, that is similar to any provision of the Act.
370.Subsection (10) prohibits the making of an order providing that a means is permissible for a description of ballot or election unless the Secretary of State considers that a ballot or election of that description conducted by that means could, if particular conditions were satisfied, meet the “required standard” specified in subsection (12) of this section, and that in relation to any ballot or election of that description the responsible person will not be permitted to allow the use of the means unless he has taken specified factors into account or applied certain criteria.
371.Subsection (11) provides that in specifying factors in the order that the responsible person is to take into account or criteria he is to apply, the Secretary of State must have regard to the need for ballots and elections to meet the “required standard” specified in subsection (12).
372.Subsection (12) provides that for the purposes of subsections (10) and (11) of the section, a ballot or election meets “the required standard” if it is such that those entitled to vote have an opportunity to do so, votes cast are secret and the risk of unfairness or malpractice is minimised.
373.Subsections (6), (8), (9) and (13) contain ancillary and procedural provisions.