(1)A member of a trade union who claims that the union has failed to comply with the requirement of section 45B may apply to the Certification Officer or to the court for a declaration to that [F2effect; but the Certification Officer may also exercise the powers under this section where no application is made under this section.]
[F3(1A)Where an application is made to the Certification Officer under this section, the Officer must ensure that, so far as is reasonably practicable, it is determined within six months of being made.]
[F4(2)Where the Certification Officer is satisfied that a trade union has failed to comply with the requirement of section 45B, the Officer may make a declaration to that effect.
(2A)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.
(2B)The Certification Officer must give reasons for the Officer's decision in writing.]
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Where the court makes a declaration it shall also, unless it considers that it would be inappropriate, make an order imposing on the trade union a requirement to take within such period as may be specified in the order such steps to remedy the declared failure as may be so specified.
[F6(5A)Where the Certification Officer makes a declaration he shall also, unless he considers that it would be inappropriate, make an order imposing on the trade union a requirement to take within such period as may be specified in the order such steps to remedy the declared failure as may be so specified.
(5B)The following paragraphs have effect if a person applies to the Certification Officer under this section in relation to an alleged failure—
(a)that person may not apply to the court under this section in relation to that failure;
(b)on an application by a different person to the court under this section in relation to that failure, the court shall have due regard to any declaration, order, observations or reasons made or given by the Certification Officer regarding that failure and brought to the court’s notice.
(5C)The following paragraphs have effect if a person applies to the court under this section in relation to an alleged failure—
(a)that person may not apply to the Certification Officer under this section in relation to that failure;
(b)on an application by a different person to the Certification Officer under this section in relation to that failure, the Certification Officer shall have regard to any declaration, order, observations or reasons made or given by the court regarding that failure and brought to the Certification Officer’s notice.]
(6)Where an order has been made [F7under subsection (5) or (5A)], any person who is a member of the trade union and was a member at the time the order was made is entitled to enforce the order as if he had made [F8an application under this section].
[F9(7)Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination F10... notwithstanding that the information has not been furnished to him by the specified date.
(8)A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court.
(9)An order made by the Certification Officer under this section may be enforced [F11(by the Certification Officer, the applicant or a person mentioned in subsection (6))] in the same way as an order of the court.]]
Textual Amendments
F1S. 45C inserted (30.8.1993) by 1993 c. 19, s. 12; S.I. 1993/1908, art. 2(1), Sch. 1
F2Words in s. 45C(1) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 1(2); S.I. 2021/1373, reg. 4(b) (with reg. 7)
F3S. 45C(1A) inserted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 1(3); S.I. 2021/1373, reg. 4(b) (with reg. 7)
F4S. 45C(2)-(2B) substituted for s. 45C(2) (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 1(4); S.I. 2021/1373, reg. 4(b) (with reg. 7)
F5S. 45C(3)(4) repealed (25.10.1999) by 1999 c. 26, ss. 29, 44, Sch. 6 paras. 1, 7(1)(4), Sch. 9(7); S.I. 1999/2830, art. 2(1)(3), Sch. 1 Pt. I, Sch. 2 Pt. I (with Sch. 3 para. 5)
F6S. 45C(5A)-(5C) inserted (25.10.1999) by 1999 c. 26, s. 29, Sch. 6 paras. 1, 7(1)(5); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 4)
F7Words in s. 45C(6) inserted (25.10.1999) by 1999 c. 26, s. 29, Sch. 6 paras. 1, 7(1)(6); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 4)
F8Words in s. 45C(6) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 1(5); S.I. 2021/1373, reg. 4(b) (with reg. 7)
F9S. 45C(7)-(9) inserted (25.10.1999) by 1999 c. 26, s. 29, Sch. 6, paras. 1, 7(1)(7); S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 4)
F10Words in s. 45C(7) omitted (1.4.2022) by virtue of Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 1(6); S.I. 2021/1373, reg. 4(b) (with reg. 7)
F11Words in s. 45C(9) inserted (1.4.2022) by Trade Union Act 2016 (c. 15), ss. 19(4), 25(1); S.I. 2021/1373, reg. 4(c) (with reg. 15)