Section 230 — Trade Union and Labour Relations (Consolidation) Act 1992: Conduct of ballot.

Conduct of ballot. 230 1 Every person who is entitled to vote in the ballot must—

a be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees, and b so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.

2 Except as regards persons falling within subsection (2A), so far as is reasonably practicable, every person who is entitled to vote in the ballot must—

a have a voting paper sent to him by post at his home address or any other address which he has requested the trade union in writing to treat as his postal address;

and b be given a convenient opportunity to vote by post. 2A Subsection (2B) applies to a merchant seaman if the trade union reasonably believes that—

a he will be employed in a ship either at sea or at a place outside Great Britain at some time in the period during which votes may be cast, and b it will be convenient for him to receive a voting paper and to vote while on the ship or while at a place where the ship is rather than in accordance with subsection (2). 2B Where this subsection applies to a merchant seaman he shall, if it is reasonably practicable—

a have a voting paper made available to him while on the ship or while at a place where the ship is, and b be given an opportunity to vote while on the ship or while at a place where the ship is. 2C In subsections (2A) and (2B) “ merchant seaman ” means a person whose employment, or the greater part of it, is carried out on board sea-going ships.

4 A ballot shall be conducted so as to secure that—

a so far as is reasonably practicable, those voting do so in secret, and b the votes given in the ballot are fairly and accurately counted. For the purposes of paragraph (b) an inaccuracy in counting shall be disregarded if it is accidental and on a scale which could not affect the result of the ballot.