The Trade Union (Levy Payable to the Certification Officer) Regulations 2022

Relevant expenses of the Certification Officer

4.—(1) The Certification Officer’s relevant expenses are expenses that are referable to the exercise by the Certification Officer of any function under—

(a) the 1992 Act; or

(b) any instrument made under the 1992 Act.

(2) For this purpose, functions include any power to do anything that is calculated to facilitate, or is conducive or incidental to, the exercise of a function specified under paragraph (1).

(3) Relevant expenses of the Certification Officer are to be treated as including—

(a) expenses incurred by ACAS in providing staff, accommodation, equipment and other facilities under section 254(5) of the 1992 Act; and

(b) expenses in respect of which payments are made under section 255(1) or (2) of the 1992 Act.

(4) But relevant expenses of the Certification Officer are not to be treated as including expenses that are incurred in relation to—

(a) the appointment of, and the exercise of functions by, an inspector who is not a member of the Certification Officer’s staff and who is appointed under—

(i) paragraph 3 of Schedule A3 to the 1992 Act (investigation by inspectors); or

(ii) section 37B of the 1992 Act (investigation by inspectors of financial affairs);

(b) the provision of legal services to the Certification Officer by a person who is not a member of the Certification Officer’s staff;

(c) any order by a court or tribunal that requires the Certification Officer to pay the costs of any other party to legal proceedings involving the Certification Officer;

(d) dealing with any application to be entered in the list of trade unions under section 3 of the 1992 Act or with any application to be entered in the list of employers’ associations under section 124 of the 1992 Act; and

(e) dealing with any application for a certification of independence under section 6 of the 1992 Act.