SCHEDULES
F1SCHEDULE A3Certification Officer: investigatory powers
Power of Certification Officer to require production of documents etc
2
1
If the Certification Officer thinks there is good reason to do so, the Officer—
a
may give directions to a trade union, or a branch or section of a trade union, requiring it to produce such relevant documents as are specified in the directions;
b
may authorise a member of the Officer's staff or any other person (“an authorised person”), on producing (if so required) evidence of that authority, to require a trade union, or a branch or section of a trade union, to produce immediately to the authorised person such relevant documents as that person specifies.
2
“Relevant documents”, in relation to a trade union or a branch or section of a trade union, means documents that in the opinion of the Certification Officer or authorised person may be relevant to whether the trade union has failed to comply with a relevant obligation.
Such documents may in particular include, in the case of a requirement of section 24(1), the register of the names and addresses of the union's members.
3
Directions under sub-paragraph (1)(a) must specify the time and place at which the documents are to be produced.
4
Where the Certification Officer, or an authorised person, has power to require the production of documents by virtue of sub-paragraph (1), the Officer or authorised person has the like power to require production of those documents from any person who appears to the Officer or authorised person to be in possession of them.
5
The power under this paragraph to require the production of documents includes the power—
a
if the documents are produced—
i
to take copies of them or extracts from them;
ii
to require the person by whom they are produced to provide an explanation of any of them;
iii
to require any person who is or has been an official or agent of the trade union to provide an explanation of any of them;
b
if the documents are not produced, to require the person who was required to produce them to state, to the best of the person's knowledge and belief, where they are.
6
For the purposes of sub-paragraph (5)(a)(iii), “agent” includes an assurer appointed by the trade union under section 24ZB.
7
For supplementary provision, see paragraph 6.
Sch. A3 inserted (8.12.2021 for specified purposes, 1.4.2022 in so far as not already in force) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 1; S.I. 2021/1373, regs. 3(a), 4(b) (with regs. 5, 6)