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Schedule 2

Volume 172: debated on Thursday 17 May 1990

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Consequential Amendments

Amendment made: No. 15, in page 17, leave out lines 12 to 35 and insert—

'(2) For subsections (1) and (2) substitute—
"(1) An act done by a trade union to induce a person to take part, or continue to take part, in industrial action is not within section 13 of the 1974 Act (protection from certain liabilities in tort) unless the industrial action has the support of a ballot.".
(3) In subsection (3), for the words from "an act" to "done with" substitute "industrial action shall be regarded as having", in paragraph (a) for the words from "strike" to "occurred" substitute "industrial action in question", and for paragraph (c) substitute—
  • "(c) the requirements of section (Calling of industrial action with support of ballot) of the Employment Act 1990 are satisfied;".
  • (4) In subsection (3A), in paragraph (a), for the words from "by an act" to "performance" substitute "to take part, or continue to take part, in industrial action", in paragraph (b) for the words from "strike" to "interference" substitute "industrial action", and omit the words "of that breach or interference".
    (5) In subsection (4) omit the words "strike or other".
    (6) In subsection (4A), omit the words "inducing a breach or interference", and for the words from "in the course of which" to the end substitute "to which the act relates".
    (7) In subsection (5) omit the definitions of "authorisation or endorsement", "commercial contract", "contract of employment", "relevant act" and "tort" and the words from "and any reference" to the end.

    Employment Act 1988 ( C19)

    3.—(1) Section 1 of the Employment Act 1988 (right to a ballot before industrial action) is amended as follows.
    (2) In subsection (1), for the words from "that the union" to "continue to take part" substitute "that members of the union, including himself, are likely to be or have been induced by the union to take part or to continue to take part in industrial action which does not have the support of a ballot".
    (3) In subsection (2), for paragraphs (a) to (c) substitute "that the application is well-founded" and omit the words from "(including" to "endorsement)".
    (4) For subsections (3) and (4) substitute—
    "(3) For the purposes of this section an act shall be taken to have been done by a trade union if it was authorised or endorsed by the union; and the provisions of subsections (3) to (7) of section 15 of the Employment Act 1982 apply for the purpose of determining whether an act is to be taken to have been so authorised or endorsed.
    Those provisions also apply in relation to proceedings for failure to comply with an order under this section as they apply in relation to the original proceedings.".
    (5) In subsection (5) omit the words "an authorisation or endorsement by a trade union of any" and for paragraph (e) substitute—
  • "(e) the requirements of section (Calling of industrial action with support of ballot) of the Employment Act 1990 are satisfied.".'.—[Mr. Howard.]