Trade Union Act 2016

Ballots on amalgamations or transfers

8 (1) Section 103 of the 1992 Act (complaints as to passing of resolution) is amended as follows.

(2) In the heading, for “Complaints” substitute “Powers of Certification Officer”.

(3) In subsection (1), for “Officer.” substitute “Officer; but the Officer may also exercise the powers under this section where no complaint under this section is made.”

(4) Omit subsection (2A).

(5) In subsection (3), for the words before paragraph (a) substitute “Where the Certification Officer is satisfied that there has been a failure such as is mentioned in paragraph (a) or (b) of subsection (1)—”.

(6) After that subsection insert—

“(3A) Before deciding the matter the Certification Officer—

(a) may make such enquiries as the Officer thinks fit,

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

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

(7) In subsection (4) omit “on a complaint”.

(8) In subsection (6) omit “of the application”.

(9) In subsection (8), for “the complaint on which the order was made” substitute “a complaint under this section”.