Part I Trade Unions
Chapter III Trade union administration
F2Investigation of financial affairs
F137A Power of Certification Officer to require production of documents etc.
1
The Certification Officer may at any time, if he thinks there is good reason to do so, give directions to a trade union, or a branch or section of a trade union, requiring it to produce such relevant documents as may be specified in the directions; and the documents shall be produced at such time and place as may be so specified.
2
The Certification Officer may at any time, if he thinks there is good reason to do so, authorise a member of his staff or any other person, on producing (if so required) evidence of his authority, to require a trade union, or a branch or section of a trade union, to produce forthwith to the member of staff or other person such relevant documents as the member of staff or other person may specify.
3
Where the Certification Officer, or a member of his staff or any other person, has power to require the production of documents by virtue of subsection (1) or (2), the Certification Officer, member of staff or other person has the like power to require production of those documents from any person who appears to the Certification Officer, member of staff or other person to be in possession of them.
4
Where such a person claims a lien on documents produced by him, the production is without prejudice to the lien.
5
The power under this section to require the production of documents includes power—
a
if the documents are produced—
i
to take copies of them or extracts from them, and
ii
to require the person by whom they are produced, or any person who is or has been an official or agent of the trade union, to provide an explanation of any of them; and
b
if the documents are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.
6
In subsections (1) and (2) “relevant documents”, in relation to a trade union or a branch or section of a trade union, means accounting documents, and documents of any other description, which may be relevant in considering the financial affairs of the trade union.
7
A person shall not be excused from providing an explanation or making a statement in compliance with a requirement imposed under subsection (5) on the ground that to do so would tend to expose him to proceedings for an offence; but an explanation so provided or statement so made may only be used in evidence against the person by whom it is made or provided—
a
on a prosecution for an offence under section 45(9) (false explanations and statements), or
b
on a prosecution for some other offence where in giving evidence the person makes a statement inconsistent with it.
Ss. 37A-37E inserted (30.8.1993) by 1993 c. 19, s.10; S.I. 1993/1908, art. 2(1), Sch.1