Part I Trade Unions
Chapter III Trade union administration
F2Investigation of financial affairs
F137B Investigations by inspectors.
1
The Certification Officer may appoint one or more members of his staff or other persons as an inspector or inspectors to investigate the financial affairs of a trade union and to report on them in such manner as he may direct.
2
The Certification Officer may only make such an appointment if it appears to him that there are circumstances suggesting—
a
that the financial affairs of the trade union are being or have been conducted for a fraudulent or unlawful purpose,
b
that persons concerned with the management of those financial affairs have, in connection with that management, been guilty of fraud, misfeasance or other misconduct,
c
that the trade union has failed to comply with any duty imposed on it by this Act in relation to its financial affairs, or
d
that a rule of the union relating to its financial affairs has not been complied with.
3
Where an inspector is, or inspectors are, appointed under this section it is the duty of all persons who are or have been officials or agents of the trade union—
a
to produce to the inspector or inspectors all relevant documents which are in their possession,
b
to attend before the inspector or inspectors when required to do so, and
c
otherwise to give the inspector or inspectors all assistance in connection with the investigation which they are reasonably able to give.
4
Where any person (whether or not within subsection (3)) appears to the inspector or inspectors to be in possession of information relating to a matter which he considers, or they consider, to be relevant to the investigation, the inspector or inspectors may require him—
a
to produce to the inspector or inspectors any relevant documents relating to that matter,
b
to attend before the inspector or inspectors, and
c
otherwise to give the inspector or inspectors all assistance in connection with the investigation which he is reasonably able to give;
and it is the duty of the person to comply with the requirement.
5
In subsections (3) and (4) “relevant documents”, in relation to an investigation of the financial affairs of a trade union, means accounting documents, and documents of any other description, which may be relevant to the investigation.
6
A person shall not be excused from providing an explanation or making a statement in compliance with subsection (3) or a requirement imposed under subsection (4) 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 provided or made—
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