(1)A member of a trade union who claims that the union has failed to comply with the requirement of section 45B may apply to the Certification Officer or to the court for a declaration to that effect.
(2)On an application being made to him, the Certification Officer—
(a)shall, where he considers it appropriate, give the applicant and the trade union an opportunity to be heard,
(b)shall ensure that, so far as is reasonably practicable, the application is determined within six months of being made,
(c)may make or refuse the declaration asked for, and
(d)shall, whether he makes or refuses the declaration, give reasons for his decision in writing.
(3)Where an application is made to the Certification Officer, the person who made that application, or any other person, is not prevented from making an application to the court in respect of the same matter.
(4)If, after an application is made to the Certification Officer, an application in respect of the same matter is made to the court, the court shall have due regard to any declaration which has been made by the Certification Officer.
(5)Where the court makes a declaration it shall also, unless it considers that it would be inappropriate, make an order imposing on the trade union a requirement to take within such period as may be specified in the order such steps to remedy the declared failure as may be so specified.
(6)Where an order has been made, any person who is a member of the trade union and was a member at the time the order was made is entitled to enforce the order as if he had made the application on which the order was made.]
Textual Amendments
F1S. 45C inserted (30.8.1993) by 1993 c. 19, s.12; S.I. 1993/1908, art. 2(1), Sch.1