- Latest available (Revised)
- Original (As enacted)
Trade Union and Labour Relations (Consolidation) Act 1992, Section 72A is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)A person who is a member of a trade union and who claims that it has applied its funds in breach of section 71 may apply to the Certification Officer for a declaration that it has done [F2so; but the Certification Officer may also exercise the powers under this section where no application is made.]
[F3(1A)Where an application is made under subsection (1), the Certification Officer must ensure that, so far as is reasonably practicable, it is determined within six months of being made.]
[F4(2)Where the Certification Officer is satisfied that a trade union has applied its funds in breach of section 71, the Officer may make a declaration to that effect.
(2A)Before deciding the matter the Certification Officer—
(a)may make such enquiries as the Officer thinks fit,
(b)must give the union and the applicant (if any) an opportunity to make written representations, and
(c)may give the union and the applicant (if any) an opportunity to make oral representations.
(2B)The Certification Officer—
(a)must give reasons for the Officer's decision in writing, and
(b)may make written observations on any matter arising from, or connected with, the proceedings.]
(3)If he makes a declaration he shall specify in it—
(a)the provisions of section 71 breached, and
(b)the amount of the funds applied in breach.
(4)If he makes a declaration and is satisfied that the union has taken or agreed to take steps with a view to—
(a)remedying the declared breach, or
(b)securing that a breach of the same or any similar kind does not occur in future,
he shall specify those steps in making the declaration.
(5)If he makes a declaration he may make such order for remedying the breach as he thinks just under the circumstances.
(6)Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination F5... notwithstanding that the information has not been furnished to him by the specified date.
(7)A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court.
(8)Where an order has been made under this section, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made [F6an application under this section].
(9)An order made by the Certification Officer under this section may be enforced [F7(by the Certification Officer, the applicant or a person mentioned in subsection (8))] in the same way as an order of the court.
(10)If a person applies to the Certification Officer under this section in relation to an alleged breach he may not apply to the court in relation to the breach; but nothing in this subsection shall prevent such a person from exercising any right to appeal against or challenge the Certification Officer’s decision on the application to him.
(11)If—
(a)a person applies to the court in relation to an alleged breach, and
(b)the breach is one in relation to which he could have made an application to the Certification Officer under this section,
he may not apply to the Certification Officer under this section in relation to the breach.]
Textual Amendments
F1S. 72A inserted (25.10.1999) by 1999 c. 26, s. 29, Sch. 6 paras. 1, 13; S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 5)
F2Words in s. 72A(1) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 4(2); S.I. 2021/1373, reg. 4(b) (with reg. 10)
F3S. 72A(1A) inserted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 4(3); S.I. 2021/1373, reg. 4(b) (with reg. 10)
F4S. 72A(2)-(2B) substituted for s. 72A(2) (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 4(4); S.I. 2021/1373, reg. 4(b) (with reg. 10)
F5Words in s. 72A(6) omitted (1.4.2022) by virtue of Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 4(5); S.I. 2021/1373, reg. 4(b) (with reg. 10)
F6Words in s. 72A(8) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 4(6); S.I. 2021/1373, reg. 4(b) (with reg. 10)
F7Words in s. 72A(9) inserted (1.4.2022) by Trade Union Act 2016 (c. 15), ss. 19(4), 25(1); S.I. 2021/1373, reg. 4(c) (with reg. 15)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: