3.—(1) Article 37 (remedy for failure to comply with request for access to accounting records) shall be amended as follows.
(2) In paragraph (7) (application to the court) for the words “for an order under this Article; and where, on such an application” substitute “or to the Certification Officer; and where, on an application to it” and for “that person” substitute “the applicant”.
(3) After paragraph (7) insert—
“(7A) On an application to him the Certification Officer shall—
(a)make such enquiries as he thinks fit, and
(b)give the applicant and the trade union an opportunity to be heard.
(7B) Where the Certification Officer is satisfied that the claim is well-founded he shall make such order as he considers appropriate for ensuring that the applicant—
(a)is allowed to inspect the records requested,
(b)is allowed to be accompanied by an accountant when making the inspection of those records, and
(c)is allowed to take, or is supplied with, such copies of, or of extracts from, the records as he may require.
(7C) 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.”.
(4) In paragraph (8) (court’s power to grant interlocutory relief) after “an application” insert “to it”.
(5) After paragraph (8) insert—
“(8A) Where the Certification Officer 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.
(8B) An order made by the Certification Officer under this Article may be enforced in the same way as an order of the High Court.
(8C) If a person applies to the High Court under this Article in relation to an alleged failure he may not apply to the Certification Officer under this Article in relation to that failure.
(8D) If a person applies to the Certification Officer under this Article in relation to an alleged failure he may not apply to the High Court under this Article in relation to that failure.”.