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The Industrial Relations (Northern Ireland) Order 1992

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Complaint to Certification Officer as regards passing of resolution

77.—(1) A member of a trade union which passes or purports to pass a resolution approving an instrument of amalgamation or transfer may complain to the Certification Officer on one or more of the following grounds, that is—

(a)that the manner in which the ballot on the resolution was held did not satisfy the conditions specified in Article 74(2); or

(b)where that ballot was held under arrangements made under Article 75(2), that the manner in which it was held was not in accordance with the arrangements; or

(c)where that ballot was held under provisions in the rules of the union, that the manner in which it was held was not in accordance with those rules; or

(d)that the votes recorded did not have the effect of passing the resolution.

(2) A complaint under this Article may be made at any time before, but shall not be made after, the expiration of a period of six weeks beginning with the date on which an application for registration of the instrument of amalgamation or transfer is sent to the Certification Officer; and where a complaint is made under this Article, the Certification Officer shall not register the instrument under this Part before the complaint is finally determined.

(3) Where a complaint is made under this Article, the Certification Officer may either dismiss it or, if after giving the complainant and the trade union an opportunity of being heard he finds the complaint to be justified, may either—

(a)so declare, but make no order under this paragraph thereon; or

(b)make an order specifying the steps which must be taken before he will entertain any application to register the instrument of amalgamation or transfer, as the case may be.

(4) It shall be the duty of the Certification Officer to furnish a statement, either written or oral, of the reasons for any decision which he gives on a complaint under this Article.

(5) The Certification Officer may from time to time by order vary any order made under paragraph (3), and after making an order under that paragraph in relation to an instrument of amalgamation or transfer shall not entertain any application to register that instrument unless he is satisfied that the steps specified in the order (or, where the order has been varied, in the order as varied) have been taken.

(6) Subject to paragraph (7), the validity of a resolution approving an instrument of amalgamation or transfer shall not be questioned in any legal proceedings whatsoever (except proceedings before the Certification Officer under this Article or any proceedings arising out of such proceedings) on any ground on which a complaint could be, or could have been, made to the Certification Officer under this Article.

(7) An appeal shall lie, in accordance with Article 70(4), at the instance of the complainant or the trade union, to the Court of Appeal on any question of law arising in any proceedings before, or arising from any decision of, the Certification Officer under this Article.

(8) The Arbitration Act (Northern Ireland) 1937(1) does not apply to proceedings on a complaint under this Article.

(9) For the purposes of this Article a complaint which is withdrawn shall be deemed to be finally determined at the time when it is withdrawn.

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