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Trade Union Act 2016

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This is the original version (as it was originally enacted).

19Further powers of Certification Officer where enforcement order made

This section has no associated Explanatory Notes

(1)After section 256C of the 1992 Act (inserted by section 17 above) insert—

256DPower to impose financial penalties

Schedule A4 (Certification Officer: power to impose financial penalties) shall have effect.

(2)After Schedule A3 to the 1992 Act (inserted by section 17 above) insert, as Schedule A4, the Schedule set out in Schedule 3 to this Act.

(3)Subsections (1) and (2) do not apply in relation to any acts or omissions of a trade union or other person occurring before this section comes into force.

(4)The provisions of the 1992 Act set out below (which provide for certain orders made by the Certification Officer to be enforceable in the same way as orders of the court) are amended as shown.

ProvisionAmendment
In section 24B (enforcement of sections 24 to 24ZC by Certification Officer), subsection (12)after “enforced” insert “by the Officer”
In section 25 (remedy for failure: application to Certification Officer), subsection (10)after “enforced” insert “(by the Certification Officer, the applicant or a person mentioned in subsection (5B))”
In section 31 (remedy for failure to comply with request for access), subsection (5)after “enforced” insert “(by the Certification Officer or the applicant)”
In section 45C (remedies and enforcement), subsection (9)after “enforced” insert “(by the Certification Officer, the applicant or a person mentioned in subsection (6))”
In section 55 (application to Certif-ication Officer), subsection (9)after “enforced” insert “(by the Certification Officer, the applicant or a person mentioned in subsection (5C))”
In section 72A (application of funds in breach of section 71), subsection (9)after “enforced” insert “(by the Certification Officer, the applicant or a person mentioned in subsection (8))”
In section 80 (application to Certif-ication Officer), subsection (9)after “enforced” insert “(by the Certification Officer, the applicant or a person mentioned in subsection (5C))”
In section 82 (rules as to political fund), subsection (4B)after “enforced” insert “(by the Certification Officer, the complainant or a person mentioned in subsection (4A))”
In section 108B (declarations and orders), subsection (8)after “enforced” insert “(by the Certification Officer, the applicant or a person mentioned in subsection (7))”

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