PART 2Levy payable to Certification Officer
Relevant expenses of the Certification Officer4
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.