Part I Trade Unions
Chapter IV Elections for certain positions
Remedy for failure to comply with requirements
56 Application to court.
(1)
A person having a sufficient interest (see section 54(2)) who claims that a trade union has failed to comply with any of the requirements of this Chapter may apply to the court for a declaration to that effect.
F1(2)
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(3)
If the court makes the declaration asked for, it shall specify in the declaration the provisions with which the trade union has failed to comply.
(4)
Where the court makes a declaration it shall also, unless it considers that to do so would be inappropriate, make an enforcement order, that is, an order imposing on the union one or more of the following requirements—
(a)
to secure the holding of an election in accordance with the order;
(b)
to take such other steps to remedy the declared failure as may be specified in the order;
(c)
to abstain from such acts as may be so specified with a view to securing that a failure of the same or a similar kind does not occur in future.
The court shall in an order imposing any such requirement as is mentioned in paragraph (a) or (b) specify the period within which the union is to comply with the requirements of the order.
(5)
Where the court makes an order requiring the union to hold a fresh election, the court shall (unless it considers that it would be inappropriate to do so in the particular circumstances of the case) require the election to be conducted in accordance with the requirements of this Chapter and such other provisions as may be made by the order.
(6)
Where an enforcement order has been made—
(a)
any person who is a member of the union and was a member at the time the order was made, or
(b)
any person who is or was a candidate in the election in question,
is entitled to enforce obedience to the order as if he had made the application on which the order was made.
(7)
Without prejudice to any other power of the court, the court may on an application under this section grant such interlocutory relief (in Scotland, such interim order) as it considers appropriate.
F2(8)
The following paragraphs have effect if a person applies under section 55 in relation to an alleged failure—
(a)
that person may not apply under this section in relation to that failure;
(b)
on an application by a different person under this section in relation to that failure, the court shall have due regard to any declaration, order, observations or reasons made or given by the Certification Officer regarding that failure and brought to the court’s notice.