Trade Union and Labour Relations (Consolidation) Act 1992

103 Complaints as regards passing of resolution. E+W+S

(1) A member of a trade union which passes or purports to pass a resolution approving an instrument of amalgamation or transfer may complain to the Certification Officer on one or more of the following grounds—

(a) that section 99 (notice to be given to members) was not complied with;

(b) that the manner in which the vote on the resolution was taken did not satisfy the conditions specified in section 100(1);

(c) where that vote was taken under arrangements made under section 100(2), that the manner in which it was taken was not in accordance with the arrangements;

(d) where that vote was taken under provisions in the rules of the union, that the manner in which it was taken was not in accordance with those rules;

(e) that the votes recorded did not have the effect of passing the resolution.

(2) Any complaint must be made before the end of the period of six weeks beginning with the date on which an application for registration of the instrument of amalgamation or transfer is sent to the Certification Officer.

Where a complaint is made, the Certification Officer shall not register the instrument before the complaint is finally determined or is withdrawn.

(3) If the Certification Officer, after giving the complainant and the trade union an opportunity of being heard, finds the complaint to be justified—

(a) he shall make a declaration to that effect, and

(b) he may make an order specifying the steps which must be taken before he will entertain any application to register the instrument of amalgamation or transfer;

and where he makes such an order, he shall not entertain any application to register the instrument unless he is satisfied that the steps specified in the order have been taken.

An order under this subsection may be varied by the Certification Officer by a further order.

(4) The Certification Officer shall furnish a statement, orally or in writing, of the reasons for his decision on a complaint under this section.

(5) The validity of a resolution approving an instrument of amalgamation or transfer shall not be questioned in any legal proceedings whatsoever (except proceedings before the Certification Officer under this section or proceedings arising out of such proceedings) on any ground on which a complaint could be, or could have been, made to the Certification Officer under this section.