(1)The trade union’s rules must provide—
(a)that payments in the furtherance of the political objects to which this Chapter applies shall be made out of a separate fund (the “political fund” of the union);
[F1(b)that a member of the union who is not a contributor (see section 84) shall not be under any obligation to contribute to the political fund;]
(c)that a member shall not by reason of [F2not being a contributor] —
(i)be excluded from any benefits of the union, or
(ii)be placed in any respect either directly or indirectly under a disability or at a disadvantage as compared with other members of the union (except in relation to the control or management of the political fund);
[F3(ca)that, if the union has a political fund, any form (including an electronic form) that a person has to complete in order to become a member of the union shall include—
(i)a statement to the effect that the person may opt to be a contributor to the fund, and
(ii)a statement setting out the effect of paragraph (c); and]
(d)that contribution to the political fund shall not be made a condition for admission to the union.
(2)A member of a trade union who claims that he is aggrieved by a breach of any rule made in pursuance of this section may complain to the Certification [F4Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made.]
[F5(2A)Where the Certification Officer is satisfied that a breach has been committed, the Officer may make such order for remedying the breach as he thinks just under the circumstances.
(3)Before deciding the matter the Certification Officer—
(a)may make such enquiries as the Officer thinks fit,
(b)must give a representative of the union and the complainant (if any) an opportunity to make written representations, and
(c)may give a representative of the union and the complainant (if any) an opportunity to make oral representations.]
[F6(3A)Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, 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 F7... notwithstanding that the information has not been furnished to him by the specified date.]
[F8(4A)Where an order has been made under this section, 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 [F9a complaint under this section].
(4B)An order made by the Certification Officer under this section may be enforced [F10(by the Certification Officer, the complainant or a person mentioned in subsection (4A))] —
(a)in England and Wales, in the same way as an order of the county court;
(b)in Scotland, in the same way as an order of the sheriff.]
Textual Amendments
F1S. 82(1)(b) substituted (1.3.2017) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 6(2); S.I. 2017/139, reg. 2(n)(i) (with reg. 4)
F2Words in s. 82(1)(c) substituted (1.3.2017) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 6(3); S.I. 2017/139, reg. 2(n)(i) (with reg. 4)
F3S. 82(1)(ca) substituted (5.12.2016 for specified purposes, 1.3.2017 in so far as not already in force) by Trade Union Act 2016 (c. 15), ss. 11(4), 25(1) (with s. 11(5)); S.I. 2016/1170, reg. 2(b); S.I. 2017/139, reg. 2(i)
F4Words in s. 82(2) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 7(2); S.I. 2021/1373, reg. 4(b) (with reg. 13)
F5S. 82(2A)(3) substituted (8.12.2021 for specified purposes, 1.4.2022 in so far as not already in force) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 7(3); S.I. 2021/1373, regs. 3(a), 4(b) (with reg. 13)
F6S. 82(3A) inserted (25.10.1999) by 1999 c. 26, s. 29, Sch. 6 paras. 1, 17(1)(3); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 5)
F7Words in s. 82(3A) omitted (1.4.2022) by virtue of Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 7(4); S.I. 2021/1373, reg. 4(b) (with reg. 13)
F8S. 82(4A)(4(B) substituted for s. 82(4) (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 6; S.I. 2005/872, art. 4, Sch. (with arts. 6-21)
F9Words in s. 82(4A) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 7(5); S.I. 2021/1373, reg. 4(b) (with reg. 13)
F10Words in s. 82(4B) inserted (1.4.2022) by Trade Union Act 2016 (c. 15), ss. 19(4), 25(1); S.I. 2021/1373, reg. 4(c) (with reg. 15)