Trade Union and Labour Relations (Consolidation) Act 1992

54 Remedy for failure to comply with requirements: general. E+W+S

(1) The remedy for a failure on the part of a trade union to comply with the requirements of this Chapter is by way of application under section 55 (to the Certification Officer) or section 56 (to the court).

F1 . . ..

(2) An application under those sections may be made—

(a) by a person who is a member of the trade union (provided, where the election has been held, he was also a member at the time when it was held), or

(b) by a person who is or was a candidate at the election;

and the references in those sections to a person having a sufficient interest are to such a person.

(3) [F2 Where an election has been held, no application under those sections with respect to that election] may be made after the end of the period of one year beginning with the day on which the union announced the result of the election.

Textual Amendments

F1 Words in s. 54(1) repealed (25.10.1999) by 1999 c. 26, ss. 29, 44, Sch. 6 paras. 1, 9 Sch.9(7); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I, Sch 2 Pt. I (with Sch. 3 para. 5)

F2 Words in s. 54(3) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 5; S.I. 2005/872, art. 4, Sch. (with arts. 6-21)