SCHEDULES

SCHEDULE 2Certification Officer: exercise of powers without application etc

Compliance with political ballot rules

I15

1

Section 79 of the 1992 Act (remedy for failure to comply with ballot rules: general) is amended as follows.

2

For subsection (1) substitute—

1

A person alleging that a trade union—

a

has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or

b

has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved,

may apply for a declaration under section 80 (by the Certification Officer) or section 81 (by the court); but the Certification Officer may also exercise the powers under section 80 where no application is made.

3

In subsection (2), for “those sections” substitute “ section 80 or 81 ”.

I26

1

Section 80 of the 1992 Act (application to Certification Officer) is amended as follows.

2

In the heading, for “Application to” substitute “ Powers of ”.

3

For subsections (1) and (2) substitute—

1

Where the Certification Officer is satisfied, either on an application by a person having a sufficient interest (see section 79(2)) or without any such application having been made, that a trade union—

a

has held a ballot on a political resolution otherwise than in accordance with political ballot rules approved by the Certification Officer, or

b

has failed in relation to a proposed ballot on a political resolution to comply with political ballot rules so approved,

the Officer may make a declaration to that effect.

2

Before deciding the matter the Certification Officer—

a

may make such enquiries as the Officer thinks fit,

b

must give the union and the applicant (if any) an opportunity to make written representations, and

c

may give the union and the applicant (if any) an opportunity to make oral representations.

4

In subsection (5C), for “the application on which the order was made” substitute “ an application under this section ”.

5

In subsection (7) omit “of the application”.