Trade Union and Labour Relations (Consolidation) Act 1992

256 Procedure before the Certification Officer. E+W+S

(1) Except in relation to matters as to which express provision is made by or under an enactment, the Certification Officer may regulate the procedure to be followed—

(a) on any application or complaint made to him, F1 ...

(b) where his approval is sought with respect to any matter[F2 , or

(c) determining whether to make a declaration or [F3 order under section 24B, 32ZC, 45C, 55, 72A, 80, 82 or 103 or under paragraph 5 of Schedule A3]].

[F4 (2) He shall in particular make provision about the disclosure, and restriction of the disclosure, of the identity of an individual who has made or is proposing to make any such application or complaint.

(2A) Provision under subsection (2) shall be such that if the application or complaint relates to a trade union—

(a) the individual’s identity is disclosed to the union unless the Certification Officer thinks the circumstances are such that it should not be so disclosed;

(b) the individual’s identity is disclosed to such other persons (if any) as the Certification Officer thinks fit.]

(3) The Secretary of State may, with the consent of the Treasury, make a scheme providing for the payment by the Certification Officer to persons of such sums as may be specified in or determined under the scheme in respect of expenses incurred by them for the purposes of, or in connection with, their attendance at hearings held by him in the course of carrying out his functions.

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in s. 256(1)(a) omitted (1.6.2016) by virtue of Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 43(7)(a), 45(1)(c); S.I. 2015/717, art. 4(b)

F2 S. 256(1)(c) and preceding word inserted (1.6.2016) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 43(7)(b), 45(1)(c); S.I. 2015/717, art. 4(b)

F3 Words in s. 256(1)(c) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 16; S.I. 2021/1373, reg. 4(e)

F4 S. 256(2)(2A) substituted for s. 256(2) (25.10.1999) by 1999 c. 26, s. 29, Sch. 6 paras. 1, 22

F5 S. 256(4) repealed (30.8.1993) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/1908, art. 2(1), Sch. 1