Commentary on provisions of Act Section 3: Ballots: 40% support requirement in important public service
This section introduces a new minimum threshold of support that must be satisfied in ballots for industrial action in defined important public services. Important public services may be specified in six sectors: health, education of those aged under 17, fire, transport, decommissioning of nuclear installations and management of radioactive waste and spent fuel, and border security.
	In order for a ballot in these important public services to lead to industrial action, a trade union must obtain the support of at least 40% of all union members entitled to vote in the ballot. This applies where the union reasonably believes that a majority of those balloted are workers who are normally engaged in the provision of important public services.
	This threshold is in addition to the 50% participation threshold introduced by section 2. So ballots for industrial action in important public services require at least half of those entitled to vote to do so before the ballot is valid. In addition, these ballots would also need a simple majority (more than half of votes cast) and at least 40% of union members to vote in favour to obtain a mandate for industrial action.
	In an example where 1000 union members make up the bargaining unit affected by the dispute, as per section 2 the 50% participation threshold would need to be met: so at least 500 members would need to vote. The next test would be to determine whether the dispute was within an important public service and subject to the 40% threshold. If it was, then at least 40% of the 1000 members entitled to vote would need to vote in favour to enable industrial action. That means at least 400 members would need to vote in favour to enable action. A simple majority is still required in all ballots, so if all 1000 members had voted, then 501 votes in favour would be required to enable action.
	This section confers a power on the Secretary of State to make regulations, subject to the affirmative procedure, to define "important public services". These will be limited to those working in six sectors: health services, fire services, transport services, the education of those under the age of 17, decommissioning of nuclear installations and management of radioactive waste and spent fuel, and border security.
	The new 40% important public services threshold comes into force for all ballots taking place after this section comes into effect. Ballots which have already opened would not be subject to the requirements in this section.