SCHEDULES

SCHEDULE 2Certification Officer: exercise of powers without application etc

Ballots on amalgamations or transfers

I18

1

Section 103 of the 1992 Act (complaints as to passing of resolution) is amended as follows.

2

In the heading, for “Complaints” substitute “ Powers of Certification Officer ”.

3

In subsection (1), for “Officer.” substitute “ Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made. ”

4

Omit subsection (2A).

5

In subsection (3), for the words before paragraph (a) substitute “ Where the Certification Officer is satisfied that there has been a failure such as is mentioned in paragraph (a) or (b) of subsection (1)— ”.

6

After that subsection insert—

3A

Before deciding the matter the Certification Officer—

a

may make such enquiries as the Officer thinks fit,

b

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

c

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

7

In subsection (4) omit “on a complaint”.

8

In subsection (6) omit “of the application”.

9

In subsection (8), for “the complaint on which the order was made” substitute “ a complaint under this section ”.