Valid from 08/12/2021
Valid from 01/04/2022
2(1)Section 54 of the 1992 Act (remedy for failure to comply with requirements: general) is amended as follows.U.K.
(2)For subsection (1) substitute—
“(1)A person alleging a failure on the part of a trade union to comply with any of the requirements of this Chapter may apply for—
(a)a declaration under section 55 (by the Certification Officer), or
(b)a declaration under section 56 (by the court);
but the Certification Officer may also exercise the powers under section 55 where no application is made.”
(3)In subsection (2), for the words before paragraph (a) substitute “ An application for a declaration under section 55 or 56 may be made only— ”.
3(1)Section 55 of the 1992 Act (application to Certification Officer) is amended as follows.U.K.
(2)In the heading, for “Application to” substitute “ Powers of ”.
(3)For subsections (1) and (2) substitute—
“(1)Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of this Chapter, either—
(a)on an application by a person having a sufficient interest (see section 54(2)), or
(b)without any such application having been made,
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”.