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
”
.