Part IU.K. Trade Unions

Chapter IVE+W+S Elections for certain positions

Remedy for failure to comply with requirementsE+W+S

54 Remedy for failure to comply with requirements: general.E+W+S

[F1(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.]

(2)[F2An application for a declaration under section 55 or 56 may be made only—]

(a)by a person who is a member of the trade union (provided, where the election has been held, he was also a member at the time when it was held), or

(b)by a person who is or was a candidate at the election;

and the references in those sections to a person having a sufficient interest are to such a person.

(3)[F3Where an election has been held, no application under those sections with respect to that election] may be made after the end of the period of one year beginning with the day on which the union announced the result of the election.

55 [F4Powers of] Certification Officer.E+W+S

[F5(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.]

(3)If he makes a declaration he shall specify in it the provisions with which the trade union has failed to comply.

(4)Where he makes a declaration and is satisfied that steps have been taken by the union with a view to remedying the declared failure, or securing that a failure of the same or any similar kind does not occur in future, or that the union has agreed to take such steps, he shall specify those steps in the declaration.

(5)Whether he makes or refuses a declaration, he shall give reasons for his decision in writing; and the reasons may be accompanied by written observations on any matter arising from, or connected with, the proceedings.

[F6(5A)Where the Certification Officer makes a declaration he shall also, unless he considers that to do so would be inappropriate, make an enforcement order, that is, an order imposing on the union one or more of the following requirements—

(a)to secure the holding of an election in accordance with the order;

(b)to take such other steps to remedy the declared failure as may be specified in the order;

(c)to abstain from such acts as may be so specified with a view to securing that a failure of the same or a similar kind does not occur in future.

(5B)Where the Certification Officer makes an order requiring the union to hold a fresh election, he shall (unless he considers that it would be inappropriate to do so in the particular circumstances of the case) require the election to be conducted in accordance with the requirements of this Chapter and such other provisions as may be made by the order.

(5C)Where an enforcement order has been made—

(a)any person who is a member of the union and was a member at the time the order was made, or

(b)any person who is or was a candidate in the election in question,

is entitled to enforce obedience to the order as if he had made [F7an application under this section].]

(6)In exercising his functions under this section the Certification Officer shall ensure that, so far as is reasonably practicable, an application made to him is determined within six months of being made.

(7)Where he 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 F8... notwithstanding that the information has not been furnished to him by the specified date.

[F9(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 enforcement order made by the Certification Officer under this section may be enforced [F10(by the Certification Officer, the applicant or a person mentioned in subsection (5C))] in the same way as an order of the court.

(10)The following paragraphs have effect if a person applies under section 56 in relation to an alleged failure—

(a)that person may not apply under this section in relation to that failure;

(b)on an application by a different person under this section in relation to that failure, the Certification Officer shall have due 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.]

56 Application to court.E+W+S

(1)A person having a sufficient interest (see section 54(2)) who claims that a trade union has failed to comply with any of the requirements of this Chapter may apply to the court for a declaration to that effect.

F11(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If the court makes the declaration asked for, it shall specify in the declaration the provisions with which the trade union has failed to comply.

(4)Where the court makes a declaration it shall also, unless it considers that to do so would be inappropriate, make an enforcement order, that is, an order imposing on the union one or more of the following requirements—

(a)to secure the holding of an election in accordance with the order;

(b)to take such other steps to remedy the declared failure as may be specified in the order;

(c)to abstain from such acts as may be so specified with a view to securing that a failure of the same or a similar kind does not occur in future.

The court shall in an order imposing any such requirement as is mentioned in paragraph (a) or (b) specify the period within which the union is to comply with the requirements of the order.

(5)Where the court makes an order requiring the union to hold a fresh election, the court shall (unless it considers that it would be inappropriate to do so in the particular circumstances of the case) require the election to be conducted in accordance with the requirements of this Chapter and such other provisions as may be made by the order.

(6)Where an enforcement order has been made—

(a)any person who is a member of the union and was a member at the time the order was made, or

(b)any person who is or was a candidate in the election in question,

is entitled to enforce obedience to the order as if he had made the application on which the order was made.

(7)Without prejudice to any other power of the court, the court may on an application under this section grant such interlocutory relief (in Scotland, such interim order) as it considers appropriate.

[F12(8)The following paragraphs have effect if a person applies under section 55 in relation to an alleged failure—

(a)that person may not apply under this section in relation to that failure;

(b)on an application by a different person 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.]

[F1356A Appeals from Certification Officer.E+W+S

An appeal lies to the Employment Appeal Tribunal [F14on any question arising] in proceedings before or arising from any decision of the Certification Officer under section 55.]