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Trade Union Reform and Employment Rights Act 1993

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9 Statement to members following annual return.E+W+S

After section 32 of the 1992 Act there shall be inserted—

32A Statement to members following annual return.

(1)A trade union shall take all reasonable steps to secure that, not later than the end of the period of eight weeks beginning with the day on which the annual return of the union is sent to the Certification Officer, all the members of the union are provided with the statement required by this section by any of the methods allowed by subsection (2).

(2)Those methods are—

(a)the sending of individual copies of the statement to members; or

(b)any other means (whether by including the statement in a publication of the union or otherwise) which it is the practice of the union to use when information of general interest to all its members needs to be provided to them.

(3)The statement required by this section shall specify—

(a)the total income and expenditure of the trade union for the period to which the return relates,

(b)how much of the income of the union for that period consisted of payments in respect of membership,

(c)the total income and expenditure for that period of any political fund of the union, and

(d)the salary paid to and other benefits provided to or in respect of—

(i)each member of the executive,

(ii)the president, and

(iii)the general secretary,

by the trade union during that period.

(4)The requirement imposed by this section is not satisfied if the statement specifies anything inconsistent with the contents of the return.

(5)The statement—

(a)shall also set out in full the report made by the auditor or auditors of the union on the accounts contained in the return and state the name and address of that auditor or of each of those auditors, and

(b)may include any other matter which the union considers may give a member significant assistance in making an informed judgment about the financial activities of the union in the period to which the return relates.

(6)The statement—

(a)shall also include the following statement—

A member who is concerned that some irregularity may be occurring, or have occurred, in the conduct of the financial affairs of the union may take steps with a view to investigating further, obtaining clarification and, if necessary, securing regularisation of that conduct.

The member may raise any such concern with such one or more of the following as it seems appropriate to raise it with: the officials of the union, the trustees of the property of the union, the auditor or auditors of the union, the Certification Officer (who is an independent officer appointed by the Secretary of State) and the police.

Where a member believes that the financial affairs of the union have been or are being conducted in breach of the law or in breach of rules of the union and contemplates bringing civil proceedings against the union or responsible officials or trustees, he may apply for material assistance from the Commissioner for the Rights of Trade Union Members and should, in any case, consider obtaining independent legal advice.”; and

(b)may include such other details of the steps which a member may take for the purpose mentioned in the statement set out above as the trade union considers appropriate.

(7)A trade union shall send to the Certification Officer a copy of the statement which is provided to its members in pursuance of this section as soon as is reasonably practicable after it is so provided.

(8)Where the same form of statement is not provided to all the members of a trade union, the union shall send to the Certification Officer in accordance with subsection (7) a copy of each form of statement provided to any of them.

(9)If at any time during the period of two years beginning with the day referred to in subsection (1) any member of the trade union requests a copy of the statement required by this section, the union shall, as soon as practicable, furnish him with such a copy free of charge..

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