Remedy for failure: application to Certification OfficerN.I.
5.—(1) A member of a trade union who claims that the union has failed to comply with any of the requirements of Article 3 or 4 (duties with respect to register of members' names and addresses) may apply to the Certification Officer for a declaration to that effect.
(2) On an application being made to him, the Certification Officer shall—
(a)make such enquiries as he thinks fit, and
(b)F1. . . give the applicant and the trade union an opportunity to be heard,
and may make or refuse the declaration asked for.
(3) If he makes a declaration he shall specify in it the provisions with which the trade union has failed to comply.
(4) Where he makes a declaration and is satisfied that steps have been taken by the union with a view to remedying the declared failure, or securing that a failure of the same or any similar kind does not occur in future, or that the union has agreed to take such steps, he shall specify those steps in the declaration.
(5) Whether he makes or refuses a declaration, he shall give reasons for his decision in writing; and the reasons may be accompanied by written observations on any matter arising from, or connected with, the proceedings.
[F2(5A) Where the Certification Officer makes a declaration he shall also, unless he considers that to do so would be inappropriate, make an enforcement order, that is, an order imposing on the union one or both of the following requirements—
(a)to take such steps to remedy the declared failure, within such period, as may be specified in the order;
(b)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.
(5B) Where an enforcement order has been made, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made the application on which the order was made.]
(6) In exercising his functions under this Article the Certification Officer shall ensure that, so far as is reasonably practicable, an application made to him is determined within six months of being made.
(7) Where he requests a person to furnish information to him in connection with enquiries made by him under this Article, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.
(8) The Certification Officer shall not entertain an application for a declaration as respects an alleged failure to comply with the requirements of Article 4 in relation to a ballot to which that Article applies unless the application is made before the end of the period of one year beginning with the last day on which votes could be cast in the ballot.
[F2(9) A declaration made by the Certification Officer under this Article may be relied on as if it were a declaration made by the High Court.
(10) An enforcement order made by the Certification Officer under this Article may be enforced in the same way as an order of the High Court.
(11) The following provisions have effect if a person applies under Article 6 in relation to an alleged failure—
(a)that person may not apply under this Article in relation to that failure;
(b)on an application by a different person under this Article in relation to that failure, the Certification Officer shall have due regard to any declaration, order, observations or reasons made or given by the High Court regarding that failure and brought to the Certification Officer's notice.]