Trade Union Act 2016

4 (1) Section 72A of the 1992 Act (application of funds in breach of section 71) is amended as follows. U.K.

(2) In subsection (1), for “so.” substitute “ so; but the Certification Officer may also exercise the powers under this section where no application is made. ”

(3) After that subsection insert—

“(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.”

(4) For subsection (2) substitute—

“(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.”

(5) In subsection (6) omit “of the application”.

(6) In subsection (8), for “the application on which the order was made” substitute “ an application under this section ”.

Commencement Information

I1 Sch. 2 para. 4 in force at 1.4.2022 by S.I. 2021/1373, reg. 4(b) (with reg. 10)