1. The Trade Union and Labour Relations (Consolidation) Act 1992 shall be amended as provided by this Schedule.

2.—(l) Section 226 (requirement of ballot before action by trade union) shall be amended as follows.

(2) In subsection (2) (industrial action to be regarded as having support of ballot only if certain conditions are fulfilled) in paragraph (a)(ii) for "231A" substitute "231", omit the word "and" at the end of paragraph (b), and after paragraph (b) insert—

"(bb) section 232A does not prevent the industrial action from being regarded as having the support of the ballot; and".

(3) After subsection (3) insert—

"(3A) If the requirements of section 231A fall to be satisfied in relation to an employer, as respects that employer industrial action shall not be regarded as having the support of a ballot unless those requirements are satisfied in relation to that employer."

3.—(1) Section 226A (notice of ballot and sample voting paper for employers) shall be amended as follows.

(2) In subsection (2)(c) (notice of ballot must describe employees entitled to vote) for "describing (so that he can readily ascertain them) the employees of the employer" substitute "containing such information in the union's possession as would help the employer to make plans and bring information to the attention of those of his employees".

(3) After subsection (3) insert—

"(3A) These rules apply for the purposes of paragraph (c) of subsection (2)—

(3B) In subsection (3) references to employees are to employees of the employer concerned."

4. In section 227 (entitlement to vote in ballot) subsection (2) (position where member is denied entitlement to vote) shall be omitted.

5.—(1) Section 229 (voting paper) shall be amended as follows.

(2) After subsection (2) (voting paper must ask whether voter is prepared to take part in a strike or industrial action short of a strike) insert—

"(2A) For the purposes of subsection (2) an overtime ban and a call-out ban constitute industrial action short of a strike."

(3) At the end of the statement in subsection (4) (statement that industrial action may be a breach of employment contract to be set out on every voting paper) insert—

"However, if you are dismissed for taking part in strike or other industrial action which is called officially and is otherwise lawful, the dismissal will be unfair if it takes place fewer than eight weeks after you started taking part in the action, and may be unfair if it takes place later."