SCHEDULES
SCHEDULE 2Certification Officer: exercise of powers without application etc
Compliance with political ballot rules
I16
1
Section 80 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, either on an application by a person having a sufficient interest (see section 79(2)) or without any such application having been made, that a trade union—
a
has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or
b
has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved,
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”.