- Latest available (Revised)
- Point in Time (25/10/1999)
- Original (As enacted)
Point in time view as at 25/10/1999.
Trade Union and Labour Relations (Consolidation) Act 1992, Section 108A is up to date with all changes known to be in force on or before 04 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A person who claims that there has been a breach or threatened breach of the rules of a trade union relating to any of the matters mentioned in subsection (2) may apply to the Certification Officer for a declaration to that effect, subject to subsections (3) to (7).
(2)The matters are—
(a)the appointment or election of a person to, or the removal of a person from, any office;
(b)disciplinary proceedings by the union (including expulsion);
(c)the balloting of members on any issue other than industrial action;
(d)the constitution or proceedings of any executive committee or of any decision-making meeting;
(e)such other matters as may be specified in an order made by the Secretary of State.
(3)The applicant must be a member of the union, or have been one at the time of the alleged breach or threatened breach.
(4)A person may not apply under subsection (1) in relation to a claim if he is entitled to apply under section 80 in relation to the claim.
(5)No application may be made regarding—
(a)the dismissal of an employee of the union;
(b)disciplinary proceedings against an employee of the union.
(6)An application must be made—
(a)within the period of six months starting with the day on which the breach or threatened breach is alleged to have taken place, or
(b)if within that period any internal complaints procedure of the union is invoked to resolve the claim, within the period of six months starting with the earlier of the days specified in subsection (7).
(7)Those days are—
(a)the day on which the procedure is concluded, and
(b)the last day of the period of one year beginning with the day on which the procedure is invoked.
(8)The reference in subsection (1) to the rules of a union includes references to the rules of any branch or section of the union.
(9)In subsection (2)(c) “industrial action” means a strike or other industrial action by persons employed under contracts of employment.
(10)For the purposes of subsection (2)(d) a committee is an executive committee if—
(a)it is a committee of the union concerned and has power to make executive decisions on behalf of the union or on behalf of a constituent body,
(b)it is a committee of a major constituent body and has power to make executive decisions on behalf of that body, or
(c)it is a sub-committee of a committee falling within paragraph (a) or (b).
(11)For the purposes of subsection (2)(d) a decision-making meeting is—
(a)a meeting of members of the union concerned (or the representatives of such members) which has power to make a decision on any matter which, under the rules of the union, is final as regards the union or which, under the rules of the union or a constituent body, is final as regards that body, or
(b)a meeting of members of a major constituent body (or the representatives of such members) which has power to make a decision on any matter which, under the rules of the union or the body, is final as regards that body.
(12)For the purposes of subsections (10) and (11), in relation to the trade union concerned—
(a)a constituent body is any body which forms part of the union, including a branch, group, section or region;
(b)a major constituent body is such a body which has more than 1,000 members.
(13)Any order under subsection (2)(e) shall be made by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(14)If a person applies to the Certification Officer under this section in relation to an alleged breach or threatened breach he may not apply to the court in relation to the breach or threatened 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.
(15)If—
(a)a person applies to the court in relation to an alleged breach or threatened breach, and
(b)the breach or threatened 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 or threatened breach.]
Textual Amendments
F1S. 108A-C of Chapter VIIA Pt. I and chapter heading inserted (25.10.1999) by 1999 c. 26, s. 29, Sch. 6 paras. 1, 19; S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 5)
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: