Guidance

Trade union political funds: a guide for trade unions, their members and others

Updated 18 May 2026

Applies to England, Scotland and Wales

Introduction

A trade union (‘union’) wishing to spend money on party political activities must set up a separate political fund for financing any such expenditure. Trade unions must comply with the statutory requirements set out in the Trade Union and Labour Relations (Consolidation) Act 1992 (‘the 1992 Act’) in setting up and running such funds.

Union members have certain rights in relation to these requirements. In particular, no member is obliged to contribute to a union’s political fund should they not wish to do so.

The provisions of the legislation on political funds generally apply to unincorporated employers’ associations as well as trade unions. However, for the sake of simplicity this document refers throughout to trade unions only.

This document gives general guidance only and is not a substitute for professional legal advice. Authoritative interpretations of the law can only be given by the courts.

Setting up a political fund

When does a union need a political fund?

A trade union only needs a political fund if it wants to use its funds for what the law defines as political objects.

What are political objects?

Political objects cover what can broadly be described as electoral or other party-political activities. Section 72 of the 1992 Act defines political objects as the expenditure of money:

• on any contribution to the funds of, or on the payment of any expenses incurred directly or indirectly by, a political party
• on the provision of any service or property for use by or on behalf of any political party
• in connection with the registration of electors (defined as electors at an election to a political office), the candidature of any person, the selection of any candidate or the holding of any ballot by a union in connection with any election to a political office
• on the maintenance of any holder of a political office (as defined in the previous bullet point)
• on the holding of any conference or meeting by or on behalf of a political party or of any other meeting the main purpose of which is the transaction of business in connection with a political party (including any expenditure incurred in connection with the attendance of delegates or other participants)
• on the production, publication or distribution of any literature, document, film, sound recording or advertisement the main purpose of which is to persuade people to vote or not to vote for a political party or candidate

Expenditure for any purpose not included on this list, but allowable under the union’s own rules, may be made out of the union’s general fund. It can also be made out of some other fund, including the political fund.

What must a union do if it wishes to set up a political fund?

If a union wishes to set up a political fund, its members must approve a resolution adopting the political objects as an object of the union. This must happen in a secret ballot. The rules for conducting that ballot must be adopted as rules of the union and approved by the Certification Officer (an independent statutory officeholder responsible for regulating trade unions and employers’ associations in accordance with relevant legislation) before the ballot takes place.

The Certification Officer will give their approval only if the political fund ballot rules meet certain requirements. In particular:

• entitlement to vote must be given to every member of the union (with the exception that a union may choose not to give overseas members entitlement to vote)
• the ballot must be held by post
• the ballot must be conducted and supervised by an independent scrutineer, in accordance with the requirements of the relevant law

The detailed requirements relating to the conduct of the ballot and independent scrutiny are described in the sections of this document covering independent scrutiny of political fund ballots, the independent person and duty of confidentiality.

An information pack outlining the procedure to be followed and giving model rules is available from the Certification Officer.

You can contact the Certification Officer by post, email or telephone:

Certification Office
11th Floor, 14 Westfield Avenue
London
E20 1HZ
United Kingdom

Email: info@certoffice.org

Telephone: 0330 109 360

The Certification Officer’s webpage can also be viewed online.

Further information about the powers and functions of the Certification Officer can be obtained directly from their office.

What if the union fails to comply with the ballot rules approved by the Certification Officer?

If a union member believes that a political fund ballot has been, or will be, held by his union in a way that does not comply with the rules for holding the ballot approved by the Certification Officer, the member may complain either to the Certification Officer or to the County Court (or Sheriff Court in Scotland).

In either case the complaint would be on the ground that there has been a breach of the union’s rule book.

Who can complain?

A complaint can be made by any member of the union. Where the ballot has already been held, a person must also have been a member of the union at the time the ballot was taken.

When can a complaint be made?

A complaint about a political fund ballot which has already been held must be made within a year of its result having been announced by the union.

What procedures are involved?

The Certification Officer’s procedures are less formal than a court’s and they are required to reach a decision on an application within 6 months if possible. They are also required to give the parties to the complaint an opportunity to present their case in writing, and may also give the parties an opportunity to present their case orally.

The timetable for hearing an application to a court is a matter for the court itself to determine. However, the court has the power to grant an interim order, which would prevent a union from setting up a political fund pending a full hearing of the case, and may be willing to consider an application on this basis very quickly.

A member who has complained to the Certification Officer is prevented from complaining to the court later on the same issue. Similarly, a member who has complained to the court is prevented from complaining to the Certification Officer later on the same issue.

What happens if a complaint is upheld?

Both the Certification Officer and the court have the power to make an order to remedy any breach that has occurred.

Where a trade union refuses to comply with an order made by the Certification Officer, the applicant can apply to the court to enforce it as if it were an order of the court.

What happens if the ballot results in a majority ‘yes’ vote?

When a ballot approves the establishment of a political fund, the union must adopt ‘political fund rules’, and these must be approved by the Certification Officer. The Certification Officer has issued guidance on establishing a political fund.

The rules must:

• provide that new members who join a union must be told on any application forms used to join the union that they have a choice to opt out and that they will not be subject to any detriment within the union should they decide not to contribute
• provide that members are sent notifications to remind them of their right to opt out of political fund contributions. The notification must be sent by the end of the period of eight weeks after the union passes a political resolution to establish a political fund, and after each subsequent 10-year anniversary of the political resolution being passed. A copy or copies of the notifications must be sent to the Certification Officer

A union member can complain about breaches of ‘political fund rules’ to the Certification Officer. The Certification Officer may make an order requiring the union to remedy any breach of its ‘political fund rules’ which has occurred, and a member may apply to the County Court (or Sheriff Court in Scotland) for any such order to be enforced.

Operating a political fund

How is a political fund financed?

The union’s political fund will normally be financed mainly, if not wholly, by members’ contributions.

A trade union is required to either:

• collect a separate amount for the political fund from members
• relieve members who are not contributors from the payment of the appropriate portion of any periodical contribution required from members towards the expenses of the union

In the latter case, the rules of the union need to provide:

• that (as far as possible) relief shall be given to all members who are not contributors on the occasion of the same periodical payment
• for enabling every member of the union to know what portion (if any) of any periodical contribution payable by the member is a contribution to the political fund

A union must not at any time transfer into its political fund any money (or other assets) which do not represent either direct contributions to the political fund or property which accrues to the fund in the course of administering the fund’s assets.

A member who believes that their union has failed to comply with these requirements may complain to the Certification Officer or the court.

Opting out of a political fund for new and existing members of a union

Trade unions are required to send notifications to all members informing them of their right to opt out of political fund contributions. The first notification must be sent within 8 weeks of the union passing a political resolution to establish a political fund. Subsequent notifications must also be sent every 10 years on the anniversary of the political resolution being passed.

The requirement to send a reminder notice every 10 years applies whether the political resolution was passed before or after section 62 Employment Rights Act 2025, which substitutes a new section 84A Trade Union and Labour Relations (Consolidation) Act 1992, came into force.

How does a member opt out?

A trade union member may opt out at any time and is not obliged to use an official exemption form.

They may complete and send to their union an opt-out notice which they have drawn up themselves (whether it is typed or handwritten) provided that the form follows the outline given in the opt-out notice template or has the same effect.

Members may provide an opt-out notice by either:

• delivering it, either personally, by an authorised agent, or by post, to the head office or a branch office of the union
• sending it by email to the union
• completing an electronic form provided by the union and sending it to the union by electronic means instructed by the union

Whatever form is used, it is essential that the member sends it to the union if the notice is to be effective.

Where a member gives notice to their union informing them of their desire to opt out of contributions to the union’s political fund, the opt-out takes effect from 1 January of the next calendar year, or on a date specified in the rules of the union, whichever comes first. A member denied their right to opt-out may complain to the Certification Officer, who will take the matter up with the union.

If the union continues to deny the member’s right, the Certification Officer may issue a declaration against it and an enforcement order, which can be enforced through the County Court (in Scotland the Sheriff Court).

If the political fund contribution is collected as part of the members’ total union subscription, then the political fund rules must specify how much of the subscription is a contribution to the political fund. Any existing member who opts out will therefore know exactly the amount of union dues of which they should be relieved.

How does a member opt out after a ballot on a political resolution

Where a union’s members vote in a ballot to pass a new political resolution to establish a political fund:

• all members must be informed of their right to opt out of paying a contribution to the political fund, and
• a union must give immediate effect to any notices informing them of a member’s intention to opt out of political fund contributions, where these are provided to the union within 4 weeks of the union informing all members of their right to opt out

Giving effect to opt-out notices

Unions are encouraged, as a matter of best practice, to do the following to facilitate the opt-out process:

• include in the membership application form clarity on the methods by which a member is able to exercise their right to opt out. For example, unions might wish to consider including the email address to which an opt-out notice could be sent and a link to an online form that members can complete to give notice of their decision to opt out
• make electronic opt-out notice forms, or downloadable opt-out notice forms, readily available and easily findable on their website
• include in the rules of the union the timescale in which the union will give effect to opt-opt notices. The government suggests that this timing should reflect the earliest feasible opportunity for processing an opt-out notice after it has been received by the union. Unions should strive to ensure that, in any event and as a minimum, they give effect to an opt-out notice from a member within 6 weeks of receiving the opt-out notice
• where feasible, provide ‘new’ members who choose to opt out of political fund contributions with a rebate for any political fund contributions they have made while their opt-out notice was being processed. (For the purpose of this guidance, a ‘new’ member can be said to be a member that has joined a trade union within the preceding 4 week period)
• clearly state on any membership renewal forms, and in other relevant communications, that members have the right to opt out of political fund contributions, and that members will not be excluded from any benefits of the union, or be placed under disability or disadvantage compared with other members, if they opt-out

Opting in to a political fund

A trade union member who joins a union that operates a political fund on or after 18 February 2026 is automatically a ‘contributor’ to that union’s political fund, unless they have provided an opt-out notice informing the union of their decision to stop making contributions to the political fund.

If a member joined a union before 18 February 2026, their status as a contributor will not be automatically changed.

Where a trade union member joins a union that operates more than one political fund on or after 18 February 2026, they are automatically a ‘contributor’ to each political fund unless they provide an opt-out notice informing the union of their decision to stop making contributions to one or more of those political funds.

A trade union member who joined a union that operates a political fund between 1 March 2018 and 17 February 2026 is automatically opted out of contributions to a political fund. This is the case unless they have provided an opt-in notice confirming to the union that they intended to contribute to the political fund. These members who were automatically opted out of political fund contributions will continue to be opted out after 18 February 2026. They will be treated as having given an opt-out notice in relation to the political fund.

The guidance on trade union law: transition to the Employment Rights Act 2025 provides more information on the opt-in and opt-out status of members that joined a trade union before 18 February 2026

If a member decides, after previously opting out of political fund contributions, that they want to begin making contributions to the political fund then they can give their union a ‘withdrawal notice’ (withdrawing the opt-out notice they previously provided or are treated as having provided).

Members may provide a withdrawal notice by either:

• delivering it, either personally, by an authorised agent, or by post, to the head office or a branch office of the union
• sending it by email to the union
• completing an electronic form provided by the union and sending it to the union by electronic means as instructed by the union

Whatever form is used, it is essential that the member sends it to the union if the notice is to be effective.

What happens when ’check-off’ operates

There are additional safeguards for members who pay their union subscriptions by ’check-off’ where the political levy forms part of or is collected with their subscriptions. Check-off is the system under which the employer deducts trade union subscriptions from members’ pay.

An employer must stop collecting political contributions by ‘check-off’ from any union member who notifies them in writing of either of the following:

• that they are already exempt or opted-out from paying political contributions
• that they have notified their union of their wish to opt out

The employer must act upon this notification as soon as is reasonably practicable. 

The member may apply to an employment tribunal for a declaration that the employer’s action is unlawful if the employer does either of the following:

• refuses to reduce the level of that member’s check-off deduction by the amount of the political fund contribution
• cancels their check-off deduction altogether while continuing to operate the system for other members of the union

The tribunal may make such an order as it considers appropriate to prevent a repetition of the employer’s failure. The tribunal may also order a refund to the member of any political fund subscriptions deducted unlawfully.

Reviewing the political fund

Can the union maintain its political fund indefinitely?

A trade union political fund will remain in place indefinitely. It will only be rescinded if either of the following happens:

• the political resolution is rescinded in the same way as a rule of the union
• a ballot is held on a new political resolution and is not passed. (There is no longer a statutory requirement on a union to put such a new political resolution to a ballot after ten years)

What happens where a political resolution ceases to be in force?

Where there is no longer any political resolution in force, the union:

• must take such steps as are necessary to ensure that the collection of political contributions ceases as soon as is reasonably practicable
• may pay any political contributions collected in the meantime into a fund other than the union’s political fund
• must refund any political contributions collected in the meantime to individual union members if requested by them to do so
• must stop all spending on political objects within 6 months of the date of the ballot which results in the political resolution ceasing to be in force (or immediately if the political fund is in deficit)

The ‘date of the ballot’ means the last day on which votes may be cast.

However, the law allows a union to transfer money from its political fund into other funds of the union if it chooses to do so. A union may make such a transfer without being in breach of trust or its rulebook. Alternatively, the union may retain its political fund but only for expenditure on matters other than political objects, and providing that this would not put the union in breach of trust or of the rulebook.

There are special provisions for complaints about failures to take steps to stop the collection of political contributions. In such circumstances a union member may apply to the court for a declaration that his union has failed to satisfy the statutory requirements. The court can also make an order setting out action which the union must take to put right its infringement and a time limit will normally be set within which the union must take that action.

Unlawful expenditure on political objects

A union member may complain if their union:

• spends money from its general fund (or any fund other than a political fund) on political objects. The position is the same when the political fund is in deficit. A union may not pay off a political fund debt from any of its funds other than its political fund
• spends money on political objects without a political fund resolution being in force or without approved political fund rules

Expenditure on political objects from the general fund will be a breach of the union’s ’political fund rules’. A member’s right to complain is the same as for any other breach of the political fund rules.

The member may complain to the Certification Office who, if they consider a breach has occurred, may make an order for remedying it which may then be enforced in the County Court (in Scotland the Sheriff Court).

Independent scrutiny of political fund ballots

The law:

• requires that union political fund ballots which are required to be held by statute must be supervised by an independent scrutineer appointed by the union
• sets out the requirements a union needs to satisfy in appointing an independent scrutineer, what the appointment must require the scrutineer to do, certain matters which must be contained in the scrutineer’s report, and the arrangements for circulating that report to union members
• gives the Secretary of State power to specify by statutory order those persons who may act as independent scrutineers and the qualifying conditions which other scrutineers must meet

The union must:

• before the ballot takes place, appoint a qualified independent scrutineer to carry out the functions described below and any additional functions it wishes
• ensure that nothing in the scrutineer’s terms of appointment, or in any additional functions which the union requires him to perform, could cast reasonable doubt on his independence from the union
• before the scrutineer begins to carry out his functions, either send a notice stating the scrutineer’s name to every member of the union to whom it is reasonably practicable to do so, or take whatever steps to notify members of the scrutineer’s name as is the practice of the union when matters of general interest are brought to the attention of members
• impose a duty of confidentiality on the scrutineer (see section on duty of confidentiality)
• supply to the scrutineer a copy of the register containing the names and addresses of those who are entitled to vote in the political fund ballot. (Where the register is held on computer, the union must supply the copy in computerised form, for example on a USB stick. If the scrutineer prefers it this way and gives him access to a computer, at any time during the period they are required to retain the copy, so that they can read it)
• comply with any request made by the scrutineer to inspect the union register as it stands at any particular time
• ensure that the scrutineer carries out the functions they are appointed to carry out and that there is no interference with his carrying out of those functions which could cast reasonable doubt on his independence from the union
• comply with all reasonable requests made by the scrutineer in connection with the carrying out of his functions

Who can be an independent scrutineer?

An independent scrutineer must be both:

• specified in, or satisfy conditions set out by the Secretary of State, in a statutory instrument. In broad terms, the current order (SI 1993 No.1909) covers practising solicitors, qualified accountants and named bodies
• someone whom the union has no reason to believe will carry out their functions incompetently or could reasonably have their independence in relation to the union or the election called into question

The general qualifications which must be satisfied to be eligible to act as an independent scrutineer of trade union political fund ballots are set out in Appendix 1.

Unions can appoint either a specified body or an individual or firm which satisfies the general conditions. Both the list of specified bodies and the qualifying conditions may be revised from time to time by statutory instrument made by the Secretary of State.

What must the independent scrutineer do?

The independent scrutineer must be required by the union to:

• supervise the production of all the voting papers used in the political fund ballot
• supervise the distribution of the voting papers used in the ballot, unless the scrutineer is also the independent person (see section on the independent person) and is, therefore, responsible themself for their distribution
• be the person to whom the voting papers are returned by the union members who take part in the ballot
• inspect the union’s membership register, whenever they consider it appropriate to do so and, in particular, when a union member or candidate requests that they do so because the member suspects the register is not accurate. Such a request must be made within the period beginning with the day on which the scrutineer is appointed and ending with the day before the day on which the scrutineer makes his report to the trade union. The scrutineer does not, however, have to act on a request that they consider to be ill-founded
• retain custody of all returned voting papers, and the copy of the register with which the union has supplied him (see previous point), for a period of one year following the announcement of the result of the ballot or, if a complaint is made about the conduct of the ballot, for any longer period that the Certification Officer or a court may require
• take whatever steps they consider necessary to enable them to produce a report on the conduct of the ballot
• make that report to the union as soon as reasonably practicable after the closing date for the return of voting papers
• carry out any additional functions that the union requires them to undertake

The scrutineer must also have regard to the duty of confidentiality (see section on duty of confidentiality) that the union must impose upon him (and which is also automatically incorporated into his appointment).

The union is free to specify the exact nature of any additional functions so long as these do not conflict with the functions described above. A union could, for example, require the scrutineer to carry out all parts of the balloting process.

What must be included in the independent scrutineer’s report?

The independent scrutineer’s report on the ballot must state:

• the number of voting papers distributed
• the number of voting papers returned to the scrutineer
• the number of valid votes cast for and against the resolution
• the number of returned voting papers which were spoiled or otherwise invalid
• the name of the independent person appointed to undertake the storage, distribution and counting of ballot papers if applicable (see section on the independent person) or, if no independent person was appointed, state that fact

The report must also state:

• whether the scrutineer inspected the register of names and addresses of the members of the trade union
• if they did make an inspection, whether in each case they were acting on a request by a member of the trade union or candidate or at his own instance
• whether they declined to act on a request to inspect the register
• whether any inspection of the register revealed any matter which they consider should be drawn to the attention of the trade union in order to assist it in securing that the register is accurate and up to date

The scrutineer’s report must not state the name of any member who requested that they make an inspection of the register.

The report must also state whether the independent scrutineer is satisfied that:

• there are no reasonable grounds for believing that the conduct of the ballot violated any legislative requirements
• security arrangements for the production, storage, distribution, return or other handling of the voting papers and for the counting of them were, so far as reasonably practicable, sufficient to minimise the risk of any unfairness or malpractice
• they were able to carry out their functions without any interference which would cast reasonable doubt on their independence from the union
• the performance of the independent person or people was satisfactory (where one or more people other than the scrutineer are appointed to be an independent person)

If they are not satisfied with the above matters, the scrutineer’s report must explain why that is the case.

Can members see the scrutineer’s report?

Having received the report, the union has 3 months to either:

• send a copy to every member of the union to whom it is reasonably practicable to do so
• notify members of the contents of the report in whatever way is normal when matters of general interest to all members need to be brought to their attention

The union must ensure that any copy of the report sent out or notification of its contents is accompanied by a statement that the union will, on request, supply any union member with a copy of the report either free of charge or on payment of a reasonable fee which has been specified by the union. 

The union must then supply a copy of the report to any member who requests one and pays any specified fee

Who can complain?

Any union member may complain to the Certification Officer or to the court if they believe that the union has not complied, or is not complying, with the statutory requirements concerning independent scrutiny.

The independent person

The law requires that some aspects of a union’s political fund ballot which is required to be held by statute must be carried out by an ‘independent person’ appointed by the union. The law also sets out the requirements that must be satisfied in appointing an independent person.

What must the union do?

The union must appoint one or more independent people. When appointing them, the union must:

• require the independent person to carry out their functions in a way that minimises the risk of any illegality, unfairness or malpractice occurring
• impose a duty of confidentiality (see section on duty of confidentiality) on the independent person
• ensure that nothing in an independent person’s terms of appointment could call into question their independence from the union
• ensure that an independent person carries out their functions and that there is no interference with that could call into question the independent person’s independence from the union
• comply with all reasonable requests made by an independent person in connection with the carrying out of their functions

Who can be an ‘independent person’?

The law provides that a person is qualified to act as an independent person if:

• they are the scrutineer, or
• they are a person other than the scrutineer and the trade union has no grounds for believing either that they will carry out his functions incompetently or their independence in relation to the union could reasonably be called into question.

Role of the independent person

The independent person (or persons) must be required by the union to:

• undertake the storage and distribution of the political fund ballot voting papers;
• count the votes cast in the ballot; and
• send the voting papers back to the scrutineer (where the independent person doing the counting is not themselves the scrutineer) as soon as reasonably practicable after the counting has been completed

The independent person must also have regard to the duty of confidentiality which the union must impose on them, and which is automatically incorporated into the terms of their appointment.

Who can complain?

Any union member who believes that the union has not complied, or is not complying, with the statutory requirements concerning the appointment of the independent person may complain to the Certification Officer or to the court.

The procedures for complaint are the same as those described in the section on setting up a political fund.

Duty of confidentiality

The law requires a union to impose a duty of confidentiality in respect of the union’s register on the independent scrutineer and independent person appointed to carry out functions in respect of union political fund ballots. The law also ensures the duty of confidentiality is automatically incorporated into the appointment of the scrutineer and independent person.

What is the duty of confidentiality?

It is a duty not to disclose, and to take all reasonable steps to ensure that no-one else discloses, any name or address on the union’s register of members’ names and addresses, except in certain permitted circumstances.

The permitted circumstances are:

• where the member concerned consents
• where disclosure is requested by the Certification Officer in the discharge of his functions or required by an inspector appointed by them
• where disclosure is required to discharge the functions of the scrutineer or independent person
• where disclosure is required for the purposes of criminal investigation or proceedings

Who can complain?

Any union member who believes that the union has not complied, or is not complying, with the statutory requirement to impose the duty of confidentiality may complain to the Certification Officer or to the court.

The procedures for complaint are the same as those described in the section on setting up a political fund.

Appendix 1: general qualifying conditions for scrutineers

The general qualifications which must be satisfied to be eligible to act as an independent scrutineer of trade union political fund ballots include those contained in Statutory Instrument (SI) No.1993/1909. This SI is called ‘the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993’.

The SI allows unions to appoint certain people to act as independent scrutineers if they are:

• a solicitor with a current practising certificate issued from the Law Society of England and Wales* or the Law Society of Scotland
• an individual who is qualified to be an auditor of a trade union by virtue of section 34(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 . This provides that anyone qualified to be a statutory auditor under Part 42 of the Companies Act 2006 may act as an auditor of a trade union
• in a partnership in which every partner falls within one of the 2 previous bullet points
• a person (usually a corporate body) specified by name as qualified for appointment

*In England and Wales, the Solicitors Regulation Authority issues practising certificates to solicitors. The Solicitors Regulation Authority is an independent regulatory body of the Law Society.

Who cannot be an independent scrutineer

An individual or partnership cannot act as an independent scrutineer if they or a partner has been a member, officer or employee of the union proposing to hold the ballot in the 12 months preceding the date of the ballot. For the purposes of appointment as an independent scrutineer, an auditor is not regarded as an officer of a union.

An individual or partnership will not be eligible to act as an independent scrutineer if, in performing the functions required of a scrutineer as set out in the relevant legislation, they or a partner knowingly used, or permitted to be used, the services of a member, officer or employee of the union whose ballot was being scrutinised.

The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) (Amendment) Order 2017 (Statutory Instrument No. 2017/877) amends the 1993 order by replacing the list of bodies specified by name as being qualified for appointment.