SCHEDULES

SCHEDULE 2Certification Officer: exercise of powers without application etc

Elections for certain positions

I13

1

Section 55 of the 1992 Act (application to Certification Officer) is amended as follows.

2

In the heading, for “Application to” substitute “ Powers of ”.

3

For subsections (1) and (2) substitute—

1

Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of this Chapter, either—

a

on an application by a person having a sufficient interest (see section 54(2)), or

b

without any such application having been made,

the Officer may make a declaration to that effect.

2

Before deciding the matter the Certification Officer—

a

may make such enquiries as the Officer thinks fit,

b

must give the union and the applicant (if any) an opportunity to make written representations, and

c

may give the union and the applicant (if any) an opportunity to make oral representations.

4

In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”.

5

In subsection (7) omit “of the application”.