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Explanatory Memorandum to Employment Relations (Northern Ireland) Order 2004

Part V: the Certification Officer

Striking out applications or complaints by Certification Officer (CO)

Article 22provides the CO with a new power to strike out weak, vexatious or misconceived cases.

Amalgamations: approval; listing and certification

Article 23 provides that on the amalgamation of two or more listed unions the amalgamated union will automatically be listed by the CO, subject to the provision of specified information. Where all the amalgamating unions held a certificate of independence, a certificate of independence will automatically be issued to the new union.

Restriction of grounds of appeal from Certification Officer

Article 24 provides that where an organisation is aggrieved by the refusal of the CO to enter its name on a relevant list (or by his decision to remove it from that list) it may appeal to the High Court. It similarly provides for an appeal to the High Court by a trade union against a decision of the CO not to issue a certificate of independence or a decision of his to withdraw such a certificate.

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