Amendment summary
Lord Burns moved Motion E1, as an amendment to Motion E, to leave out from “disagreed” to end and insert “do disagree with the Commons in their Amendment 72C in lieu of Lords Amendments 61 and 72; and do propose Amendments 72D to 72H in lieu—
72D Clause 59, page 86, line 24, leave out from “fund),” to end of line 25, and insert, “for subsection (1)(ca)(i), substitute “a requirement for the person to make a choice (without which the application to join the union cannot be processed) between being a contributor to the fund or not being a contributor to the fund, and””
72E Clause 59, page 86, leave out from beginning of line 28 to end of line 9 on page 88, and insert—
“84 Contributions to political fund from union members
(1) It is unlawful to require a member of a trade union to make a contribution to the political fund of a trade union if the member has not chosen to become a contributor.
(2) For the purposes of this Act, a member of a trade union is deemed to have chosen to become a contributor to the political fund of the union if they—
(a) are an existing contributor to the political fund immediately before the date on which section 59 of the Employment Rights Act 2025 comes into force,
(b) have chosen to be a contributor under the provisions of section 82(1)(ca)(i) or subsection (5), or
(c) have chosen to become a contributor at a later date by submitting a political fund contribution change form under subsection (8).
(3) A trade union must give a political fund contribution consent form to each member of the union within the period of eight weeks beginning with the day after the day on which a political resolution is passed by the members of the union under section 73.
(4) A “political fund contribution consent form” is a form which requires the person to make a choice between being a contributor to the fund or not being a contributor to the fund.
(5) Any member who is issued with a political fund contribution consent form under subsection (3) shall only be deemed to be a contributor if they have returned the form indicating that they wish to be a contributor.
(6) A member of a trade union may change their choice about whether to contribute to the political fund at any time.
(7) A member of a trade union may change their choice about whether to contribute to the political fund by completing a political fund contribution change form provided by their union and—
(a) delivering it (either personally or by an authorised agent or by post) at the head office or a branch office of the union;
(b) sending it by email to an address that the union has told its members can be used for sending such notices;
(c) completing an electronic form provided by the union, and sending it to the union by electronic means in accordance with instructions given by the union;
(d) by such other electronic means as may be prescribed.
(8) A political fund contribution change form takes effect at the end of the period of one month beginning with the day on which it is given.
84A Information to members about changing their choice on contributing to political fund
(1) A trade union must give a political fund contribution change notice to each member of the union within the period of eight weeks beginning with the end of—
(a) the period of one year beginning with the day on which a political resolution is passed, and
(b) each successive year,
unless during that previous year the political resolution is rescinded or otherwise ceases to have effect.
(2) A “political fund contribution change notice” is a notice stating that—
(a) each member of the union has the right to change whether they are a contributor to the political fund of the union, and
(b) a member may exercise that right by completing a political fund contribution change form under section 84.
(3) A political fund contribution change notice must be given in accordance with rules of the union approved for the purpose by the Certification Officer.
(4) In deciding whether to approve those rules, the Certification Officer must have regard in each case to the existing practice and character of the union.”
72F_ Clause 59, page 88, line 25, leave out subsections (4) and (5) and insert—
“(4) The amendments made by subsection (3) apply only after the end of the transition period.
(5) In subsection (4) “the transition period” means a period of not less than 12 months, starting on the day on which this section comes into force, specified by the Secretary of State in regulations made by statutory instrument.
(5A) Before making regulations under subsection (5) the Secretary of State must consult—
(a) the Certification Officer, and
(b) all trade unions that have a political fund.
(5B) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
72G Clause 59, page 89, line 2, leave out “84(1)” and insert “84(2)”
72H Clause 59, page 89, line 6, leave out paragraph (b).