(1) The trade union shall, before the election is held, appoint a qualified independent person ('the scrutineer') to carry out—
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(a) the functions in relation to the election which are required under this section to be contained in his appointment; and
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(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—
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(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
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(b)
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