Trade Union and Labour Relations (Consolidation) Act 1992

Part VI Administrative provisions

ACAS

247 ACAS

(1) There shall continue to be a body called the Advisory, Conciliation and Arbitration Service (referred to in this Act as “ACAS”).

(2) ACAS is a body corporate of which the corporators are the members of its Council.

(3) Its functions, and those of its officers and servants, shall be performed on behalf of the Crown, but not so as to make it subject to directions of any kind from any Minister of the Crown as to the manner in which it is to exercise its functions under any enactment.

(4) For the purposes of civil proceedings arising out of those functions the [1947 c. 44.] Crown Proceedings Act 1947 applies to ACAS as if it were a government department and the [1857 c. 44.] Crown Suits (Scotland) Act 1857 applies to it as if it were a public department.

(5) Nothing in section 9 of the [1947 c. 39.] Statistics of Trade Act 1947 (restriction on disclosure of information obtained under that Act) shall prevent or penalise the disclosure to ACAS, for the purposes of the exercise of any of its functions, of information obtained under that Act by a government department.

(6) ACAS shall maintain offices in such of the major centres of employment in Great Britain as it thinks fit for the purposes of discharging its functions under any enactment.

248 The Council of ACAS

(1) ACAS shall be directed by a Council which, subject to the following provisions, shall consist of a chairman and nine ordinary members appointed by the Secretary of State.

(2) Before appointing those ordinary members of the Council, the Secretary of State shall—

(a) as to three of them, consult such organisations representing employers as he considers appropriate, and

(b) as to three of them, consult such organisations representing workers as he considers appropriate.

(3) The Secretary of State may, if he thinks fit, appoint a further two ordinary members of the Council (who shall be appointed so as to take office at the same time); and before making those appointments he shall—

(a) as to one of them, consult such organisations representing employers as he considers appropriate, and

(b) as to one of them, consult such organisations representing workers as he considers appropriate.

(4) The Secretary of State may appoint up to three deputy chairman who may be appointed from the ordinary members, or in addition to those members.

(5) The Council shall determine its own procedure, including the quorum necessary for its meetings.

(6) If the Secretary of State has not appointed a deputy chairman, the Council may choose a member to act as chairman in the absence or incapacity of the chairman.

(7) The validity of proceedings of the Council is not affected by any vacancy among the members of the Council or by any defect in the appointment of any of them.

249 Terms of appointment of members of Council

(1) The members of the Council shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.

(2) Appointment as chairman shall be a full-time appointment.

Appointment as deputy chairman, or as an ordinary member of the Council, may be a full-time or part-time appointment; and the Secretary of State may, with the consent of the member concerned, vary the terms of his appointment as to whether his appointment is full-time or part-time.

(3) A person shall not be appointed to the Council for a term exceeding five years, but previous membership does not affect eligibility for re-appointment.

(4) A member may at any time resign his membership, and the chairman or a deputy chairman may at any time resign his office as such, by notice in writing to the Secretary of State.

A deputy chairman appointed in addition to the ordinary members of the Council shall on resigning his office as deputy chairman cease to be a member of the Council.

(5) If the Secretary of State is satisfied that a member—

(a) has been absent from meetings of the Council for a period longer than six consecutive months without the permission of the Council, or

(b) has become bankrupt or made an arrangement with his creditors (or, in Scotland, has had his estate sequestrated or has made a trust deed for his creditors or has made and had accepted a composition contract), or

(c) is incapacitated by physical or mental illness, or

(d) is otherwise unable or unfit to discharge the functions of a member,

the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as he thinks fit, whereupon the office shall become vacant.

If the chairman or a deputy chairman ceases to be a member of the Council, he shall also cease to be chairman or, as the case may be, a deputy chairman.

250 Remuneration, &c. of members of Council

(1) ACAS shall pay to the members of its Council such remuneration and travelling and other allowances as may be determined by the Secretary of State.

(2) The Secretary of State may pay, or make provision for payment, to or in respect of a member of the Council such pension, allowance or gratuity on death or retirement as he may determine.

(3) Where a person ceases to be the holder of the Council otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.

(4) The approval of the Treasury is required for any determination by the Secretary of State under this section.

251 Secretary, officers and staff of ACAS

(1) ACAS may, with the approval of the Secretary of State, appoint a secretary.

The consent of the Secretary of State is required as to his terms and conditions of service.

(2) ACAS may appoint such other officers and staff as it may determine.

The consent of the Secretary of State is required as to their numbers, manner of appointment and terms and conditions of service.

(3) The Secretary of State shall not give his consent under subsection (1) or (2) without the approval of the Treasury.

(4) ACAS shall pay to the Treasury, at such times in each accounting year as may be determined by the Treasury, sums of such amounts as may be so determined as being equivalent to the increase in that year of such liabilities of his as are attributable to the provision of pensions, allowances or gratuities to or in respect of persons who are or have been in the service of ACAS in so far as that increase results from the service of those persons during that accounting year and to the expense to be incurred in administering those pensions, allowances or gratuities.

(5) The fixing of the common seal of ACAS shall be authenticated by the signature of the secretary of ACAS or some other person authorised by ACAS to act for that purpose.

A document purporting to be duly executed under the seal of ACAS shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

252 General financial provisions

(1) The Secretary of State shall pay to ACAS such sums as are approved by the Treasury and as he considers appropriate for the purpose of enabling ACAS to perform its functions.

(2) ACAS may pay to—

(a) persons appointed under section 210(2) (conciliation) who are not officers or servants of ACAS, and

(b) arbitrators or arbiters appointed by ACAS under any enactment,

such fees and travelling and other allowances as may be determined by the Secretary of State with the approval of the Treasury.

253 Annual report and accounts

(1) ACAS shall as soon as practicable after the end of each calendar year make a report to the Secretary of State on its activities during that year.

The Secretary of State shall lay a copy of the report before each House of Parliament and arrange for it to be published.

(2) ACAS shall keep proper accounts and proper records in relation to the accounts and shall prepare in respect of each financial year a statement of accounts, in such form as the Secretary of State may, with the approval of the Treasury, direct.

(3) ACAS shall not later than 30th November following the end of the financial year to which the statement relates, send copies of the statement to the Secretary of State and to the Comptroller and Auditor General.

(4) The Comptroller and Auditor General shall examine, certify and report on each such statement and shall lay a copy of the statement and of his report before each House of Parliament.

The Certification Officer

254 The Certification Officer

(1) There shall continue to be an officer called the Certification Officer.

(2) The Certification Officer shall be appointed by the Secretary of State after consultation with ACAS.

(3) The Certification Officer may appoint one or more assistant certification officers and shall appoint an assistant certification officer for Scotland.

(4) The Certification Officer may delegate to an assistant certification officer such functions as he thinks appropriate, and in particular may delegate to the assistant certification officer for Scotland such functions as he thinks appropriate in relation to organisations whose principal office is in Scotland.

References to the Certification Officer in enactments relating to his functions shall be construed accordingly.

(5) ACAS shall provide for the Certification Officer the requisite staff (from among the officers and servants of ACAS) and the requisite accommodation, equipment and other facilities.

(6) The Secretary of State shall pay to the Certification Officer such sums as he may require for making payments under the scheme under section 115 (payments towards expenditure in connection with secret ballots).

255 Remuneration, &c. of Certification Officer and assistants

(1) ACAS shall pay to the Certification Officer and any assistant certification officer such remuneration and travelling and other allowances as may be determined by the Secretary of State.

(2) The Secretary of State may pay, or make provision for payment, to or in respect of the Certification Officer and any assistant certification officer such pension, allowance or gratuity on death or retirement as he may determine.

(3) Where a person ceases to be the Certification Officer or an assistant certification officer otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.

(4) The approval of the Treasury is required for any determination by the Secretary of State under this section.

256 Procedure before the Certification Officer

(1) Except in relation to matters as to which express provision is made by or under an enactment, the Certification Officer may regulate the procedure to be followed—

(a) on any application or complaint made to him, or

(b) where his approval is sought with respect to any matter.

(2) He shall, in particular, make such provision as he thinks appropriate for restricting the circumstances in which the identity of an individual who has made, or is proposing to make, any such application or complaint is disclosed to any person.

(3) The Secretary of State may, with the consent of the Treasury, make a scheme providing for the payment by the Certification Officer to persons of such sums as may be specified in or determined under the scheme in respect of expenses incurred by them for the purposes of, or in connection with, their attendance at hearings held by him in the course of carrying out his functions.

(4) ACAS shall pay to the Certification Officer such sums as he may require for the making of payments in pursuance of any such scheme.

257 Custody of documents submitted under earlier legislation

(1) The Certification Officer shall continue to have custody of the annual returns, accounts, copies of rules and other documents submitted for the purposes of—

(a) the Trade Union Acts 1871 to 1964,

(b) the [1971 c. 72.] Industrial Relations Act 1971, or

(c) the [1974 c. 52.] Trade Union and Labour Relations Act 1974,

of which he took custody under section 9 of the [1975 c. 71.] Employment Protection Act 1975.

(2) He shall keep available for public inspection (either free of charge or on payment of a reasonable charge) at all reasonable hours such of those documents as were available for public inspection in pursuance of any of those Acts.

258 Annual report and accounts

(1) The Certification Officer shall, as soon as practicable after the end of each calendar year, make a report of his activities during that year to ACAS and to the Secretary of State.

The Secretary of State shall lay a copy of the report before each House of Parliament and arrange for it to be published.

(2) The accounts prepared by ACAS in respect of any financial year shall show separately any sums disbursed to or on behalf of the Certification Officer in consequence of the provisions of this Part.

Central Arbitration Committee

259 The Central Arbitration Committee

(1) There shall continue to be a body called the Central Arbitration Committee.

(2) The functions of the Committee shall be performed on behalf of the Crown, but not so as to make it subject to directions of any kind from any Minister of the Crown as to the manner in which it is to exercise its functions.

(3) ACAS shall provide for the Committee the requisite staff (from among the officers and servants of ACAS) and the requisite accommodation, equipment and other facilities.

260 The members of the Committee

(1) The Central Arbitration Committee shall consist of a chairman appointed by the Secretary of State after consultation with ACAS and other members appointed by the Secretary of State as follows.

(2) The members of the Committee apart from the chairman shall be appointed by the Secretary of State from persons nominated by ACAS as experienced in industrial relations, and shall include some persons whose experience is as representatives of employers and some whose experience is as representatives of workers.

(3) The Secretary of State may, after consultation with ACAS, appoint one or more deputy chairmen in addition to the existing members of the Committee.

(4) At any time when the chairman of the Committee is absent or otherwise incapable of acting, or there is a vacancy in the office of chairman, and the Committee has a deputy chairman or deputy chairmen—

(a) the deputy chairman, if there is only one, or

(b) if there is more than one, such of the deputy chairmen as they may agree or in default of agreement as the Secretary of State may direct,

may perform any of the functions of chairman of the Committee.

(5) At any time when every person who is chairman or deputy chairman is absent or otherwise incapable of acting, or there is no such person, such member of the Committee as the Secretary of State may direct may perform any of the functions of the chairman of the Committee.

(6) The validity of any proceedings of the Committee shall not be affected by any vacancy among the members of the Committee or by any defect in the appointment of a member of the Committee.

261 Terms of appointment of members of Committee

(1) The members of the Central Arbitration Committee shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.

(2) A person shall not be appointed to the Committee for a term exceeding five years, but previous membership does not affect eligibility for re-appointment.

(3) The Secretary of State may, with the consent of the member concerned, vary the terms of his appointment as to whether he is a full-time or part-time member.

(4) A member may at any time resign his membership, and the chairman or a deputy chairman may at any time resign his office as such, by notice in writing to the Secretary of State.

(5) If the Secretary of State is satisfied that a member—

(a) has become bankrupt or made an arrangement with his creditors (or, in Scotland, has had his estate sequestrated or has made a trust deed for his creditors or has made and had accepted a composition contract), or

(b) is incapacitated by physical or mental illness, or

(c) is otherwise unable or unfit to discharge the functions of a member,

the Secretary of State may declare his office as a member to be vacant and shall notify the declaration in such manner as he thinks fit, whereupon the office shall become vacant.

(6) If the chairman or a deputy chairman ceases to be a member of the Committee, he shall also cease to be chairman or, as the case may be, a deputy chairman.

262 Remuneration, &c. of members of Committee

(1) ACAS shall pay to the members of the Central Arbitration Committee such remuneration and travelling and other allowances as may be determined by the Secretary of State.

(2) The Secretary of State may pay, or make provision for payment, to or in respect of a member of the Committee such pension, allowance or gratuity on death or retirement as he may determine.

(3) Where a person ceases to be the holder of the Committee otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, he may make him a payment of such amount he may determine.

(4) The approval of the Treasury is required for any determination by the Secretary of State under this section.

263 Proceedings of the Committee

(1) For the purpose of discharging its functions in any particular case the Central Arbitration Committee shall consist of the chairman and such other members as the chairman may direct:

Provided that, it may sit in two or more divisions constituted of such members as the chairman may direct, and in a division in which the chairman does not sit the functions of the chairman shall be performed by a deputy chairman.

(2) The Committee may, at the discretion of the chairman, where it appears expedient to do so, call in the aid of one or more assessors, and may settle the matter wholly or partly with their assistance.

(3) The Committee may at the discretion of the chairman sit in private where it appears expedient to do so.

(4) If in any case the Committee cannot reach a unanimous decision on its award, the chairman shall decide the matter acting with the full powers of an umpire or, in Scotland, an oversman.

(5) Subject to the above provisions, the Committee shall determine its own procedure.

(6) Part I of the [1950 c. 27.] Arbitration Act 1950 (general provisions as to arbitration) and section 3 of the [1972 c. 59.] Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) do not apply to proceedings before the Committee.

264 Awards of the Committee

(1) The Central Arbitration Committee may correct in any award any clerical mistake or error arising from an accidental slip or omission.

(2) If a question arises as to the interpretation of an award of the Committee, any party may apply to the Committee for a decision; and the Committee shall decide the question after hearing the parties or, if the parties consent, without a hearing, and shall notify the parties.

(3) Decisions of the Committee in the exercise of any of its functions shall be published.

265 Annual report and accounts

(1) ACAS shall, as soon as practicable after the end of each calendar year, make a report to the Secretary of State on the activities of the Central Arbitration Committee during that year.

For that purpose the Committee shall, as soon as practicable after the end of each calendar year, transmit to ACAS an account of its activities during that year.

(2) The accounts prepared by ACAS in respect of any financial year shall show separately any sums disbursed to or on behalf of the Committee in consequence of the provisions of this Part.

The Commissioner for the Rights of Trade Union Members

266 The Commissioner

(1) There shall continue to be an officer called the Commissioner for the Rights of Trade Union Members (referred to in this Act as “the Commissioner”) whose function is to provide assistance in accordance with Chapter VIII of Part I of this Act in connection with certain legal proceedings.

(2) The Commissioner shall be appointed by the Secretary of State.

(3) The Commissioner shall have an official seal for the authentication of documents required for the purposes of his functions.

(4) Anything authorised or required by or under this Act to be done by the Commissioner may be done by a member of his staff authorised by him for the purpose, whether generally or specifically.

An authorisation given for the purposes of this subsection continues to have effect during a vacancy in the office of Commissioner.

(5) Neither the Commissioner nor any member of his staff shall, in that capacity, be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

267 Terms of appointment of Commissioner

(1) The Commissioner shall hold and vacate office in accordance with the terms of his appointment, subject to the following provisions.

(2) The appointment of a person to hold office as the Commissioner shall be for a term not exceeding five years; but previous appointment to that office does not affect eligibility for re-appointment.

(3) The Secretary of State may remove a person from that office if he is satisfied—

(a) that that person has been adjudged bankrupt, his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors,

(b) that he is incapacitated by physical or mental illness, or

(c) that he is otherwise unable or unfit to discharge his functions as the Commissioner.

268 Remuneration, pension, &c

(1) There shall be paid to the Commissioner such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

(2) If the Secretary of State so determines in the case of any holder of the office of Commissioner, there shall be paid such pension, allowance or gratuity to or in respect of him on his retirement or death, or such contributions or payments towards provision for such a pension, allowance or gratuity as may be so determined.

(3) If, when a person ceases to hold office as the Commissioner, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be so determined.

(4) Payments required to be made under this section shall be made by the Secretary of State

(5) The consent of the Treasury is required for the making of a determination under this section.

269 Staff of the Commissioner

(1) The Commissioner may appoint such staff as he may determine, with the approval of the Secretary of State as to numbers and terms and conditions of service.

The consent of the Treasury is required for the giving of an approval under this subsection.

(2) Employment as a member of the staff of the Commissioner is one of the kinds of employment to which a superannuation scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 may apply.

(3) Where a person who is a participant in a scheme under section 1 of that Act by reference to his employment by the Commissioner becomes the Commissioner, the Treasury may determine that his service as the Commissioner shall be treated for the purposes of the scheme as service as an employee of the Commissioner; and his rights under the scheme shall not be affected by the preceding provisions of this Part.

(4) The Commissioner is not required to effect insurance under the [1969 c. 57.] Employers' Liability (Compulsory Insurance) Act 1969.

270 Financial provisions

(1) The Commissioner may, with the approval of the Secretary of State, make such provision as he considers appropriate for the payment by him to those who apply for assistance of sums in respect of travelling and other expenses incurred by them in connection with their applications.

(2) The Secretary of State shall pay to the Commissioner such sums as he may determine are required by the Commissioner for the purpose of carrying out his functions.

(3) The consent of the Treasury is required for the giving of an approval under subsection (1) or the making of a determination under subsection (2).

271 Annual report and accounts

(1) As soon as reasonably practicable after the end of a financial year the Commissioner shall prepare a report on his activities during that year and shall send a copy of it to the Secretary of State.

The Secretary of State shall lay a copy of the report before each House of Parliament.

(2) The Commissioner shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may, with the approval of the Treasury, direct.

(3) The Commissioner shall, not later than 30th November following the end of the financial year to which the statement relates, send copies of the statement to the Secretary of State and to the Comptroller and Auditor General.

(4) The Comptroller and Auditor General shall examine, certify and report on each such statement and shall lay a copy of the statement and of his report before each House of Parliament.

Supplementary

272 Meaning of “financial year”

In this Part “financial year” means the twelve months ending with 31st March.