49 Appointment of independent scrutineer
Trade Union and Labour Relations (Consolidation) Act 1992 (1992 c 52) | Legislation

49  Appointment of independent scrutineer

(1)     The trade union shall, before the election is held, appoint a qualified independent person (“the scrutineer”) to carry out—

(a)     the functions in relation to the election which are required under this section to be contained in his appointment; and

(b)     such additional functions in relation to the election as may be specified in his appointment.

(2)     A person is a qualified independent person in relation to an election if—

(a)     he satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of State or is himself so specified; and

(b)     the trade union has no grounds for believing either that he will carry out any functions conferred on him in relation to the election otherwise than competently or that his independence in relation to the union, or in relation to the election, might reasonably be called into question.

An order under paragraph (a) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)     The scrutineer's appointment shall require him—

(a)     to be the person who supervises the production [of the voting

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