[F1Remedies and enforcementN.I.
13C.—(1) A member of a trade union who claims that the union has failed to comply with the requirement of Article 13B may apply to the Certification Officer or to the High Court for a declaration to that effect.
(2) On an application being made to him, the Certification Officer—
[F2(aa)shall make such enquiries as he thinks fit,]
(a)shall,F3. . . give the applicant and the trade union an opportunity to be heard;
(b)shall ensure that, so far as is reasonably practicable, the application is determined within six months of being made;
(c)may make or refuse the declaration asked for; and
(d)shall, whether he makes or refuses the declaration, give reasons for his decision in writing.
Paras. (3),(4) rep. by 1999 NI 9
(5) Where the High Court makes a declaration it shall also, unless it considers that it would be inappropriate, make an order imposing on the trade union a requirement to take within such period as may be specified in the order such steps to remedy the declared failure as may be so specified.
[F2(5A) Where the Certification Officer makes a declaration he shall also, unless he considers that it would be inappropriate, make an order imposing on the trade union a requirement to take within such period as maybe specified in the order such steps to remedy the declared failure as may be so specified.
(5B) The following provisions have effect if a person applies to the Certification Officer under this Article in relation to an alleged failure—
(a)that person may not apply to the High Court under this Article in relation to that failure;
(b)on an application by a different person to the High Court under this Article in relation to that failure, the court shall have due regard to any declaration, order, observations or reasons made or given by the Certification Officer regarding that failure and brought to the court's notice.
(5C) The following provisions have effect if a person applies to the High Court under this Article in relation to an alleged failure—
(a)that person may not apply to the Certification Officer under this Article in relation to that failure;
(b)on an application by a different person to the Certification Officer under this Article in relation to that failure, the Certification Officer shall have regard to any declaration, order, observations or reasons made or given by the court regarding that failure and brought to the Certification Officer's notice.]
(6) Where an order has been made[F2 under paragraph (5) or (5A)], any person who is a member of the trade union and was a member at the time the order was made is entitled to enforce the order as if he had made the application on which the order was made.
[F2(7) 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.
(8) A declaration made by the Certification Officer under this Article may be relied on as if it were a declaration made by the High Court.
(9) An order made by the Certification Officer under this Article may be enforced in the same way as an order of the High Court.]]