Trade Union and Labour Relations (Consolidation) Act 1992

[F1The Commissioner for the Rights of Trade Union Members and the Commissioner for Protection Against Unlawful Industrial Action]E+W+S

[266 F2The Commissioners.E+W+S

(1)There—

(a)shall continue to be an officer called the Commissioner for the Rights of Trade Union Members whose function is to provide assistance in accordance with Chapter VIII of Part I of this Act in connection with certain legal proceedings, and

(b)shall be an officer called the Commissioner for Protection Against Unlawful Industrial Action whose function is to provide assistance in accordance with sections 235B and 235C of this Act in connection with proceedings brought by virtue of section 235A.

(2)Each of the Commissioners shall be appointed by the Secretary of State.

(3)Each of the Commissioners shall have an official seal for the authentication of documents required for the purposes of his functions.

(4)Anything authorised or required by or under this Act to be done by either of the Commissioners may be done by a member of his staff authorised by him for that purpose, whether generally or specifically.

An authorisation given for the purposes of this subsection continues to have effect during a vacancy in the office of the Commissioner concerned.

(5)Neither of the Commissioners nor any member of the staff of either of the Commissioners shall, in that capacity, be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.]

267 Terms of appointment of Commissioner.E+W+S

(1)[F3Each of the Commissioners] shall hold and vacate office in accordance with the terms of his appointment, subject to the following provisions.

(2)The appointment of a person to hold office as [F3one of the Commissioners] shall be for a term not exceeding five years; but previous appointment to that office does not affect eligibility for re-appointment.

(3)The Secretary of State may remove a person from [F3office as one of the Commissioners] if he is satisfied—

(a)that that person has been adjudged bankrupt, his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors,

(b)that he is incapacitated by physical or mental illness, or

(c)that he is otherwise unable or unfit to discharge [F3the functions of the office].

268 Remuneration, pension, &c.E+W+S

(1)There shall be paid to [F4each of the Commissioners] such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

(2)If the Secretary of State so determines in the case of [F4any person who holds office as one of the Commissioners], there shall be paid such pension, allowance or gratuity to or in respect of him on his retirement or death, or such contributions or payments towards provision for such a pension, allowance or gratuity as may be so determined.

(3)If, when a person ceases to hold office as [F4one of the Commissioners], the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, there may be paid to him a sum by way of compensation of such amount as may be so determined.

(4)Payments required to be made under this section shall be made by the Secretary of State

(5)The consent of the Treasury is required for the making of a determination under this section.

269 Staff of the Commissioner.E+W+S

(1)[F5Each of the Commissioners] may appoint such staff as he may determine, with the approval of the Secretary of State as to numbers and terms and conditions of service.

The consent of the Treasury is required for the giving of an approval under this subsection.

(2)Employment as a member of the staff of [F5one of the Commissioners] is one of the kinds of employment to which a superannuation scheme under section 1 of the M1Superannuation Act 1972 may apply.

(3)Where a person who is a participant in a scheme under section 1 of that Act by reference to his employment by the [F5one of the Commissioners becomes one of the Commissioners], the Treasury may determine that his service as [F5Commissioner shall be treated for the purposes of the scheme as service as an employee]; and his rights under the scheme shall not be affected by the preceding provisions of this Part.

(4)[F5Neither of the Commissioners is] required to effect insurance under the M2Employers’ Liability (Compulsory Insurance) Act 1969.

270 Financial provisions.E+W+S

(1)[F6Each of the Commissioners] may, with the approval of the Secretary of State, make such provision as he considers appropriate for the payment by him to those who apply for assistance of sums in respect of travelling and other expenses incurred by them in connection with their applications.

(2)The Secretary of State shall pay [F6to each of the Commissioners] such sums as he may determine are required [F6by him] for the purpose of carrying out his functions.

(3)The consent of the Treasury is required for the giving of an approval under subsection (1) or the making of a determination under subsection (2).

271 Annual report and accounts.E+W+S

(1)As soon as reasonably practicable after the end of a financial year [F7each of the Commissioners] shall prepare a report on his activities during that year and shall send a copy of it to the Secretary of State.

The Secretary of State shall lay a copy of the report before each House of Parliament.

(2)[F7Each of the Commissioners] shall keep proper accounts and proper records in relation to the accounts, and shall prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may, with the approval of the Treasury, direct.

(3)[F7Each of the Commissioners] shall, not later than 30th November following the end of the financial year to which the statement relates, send copies of the statement to the Secretary of State and to the Comptroller and Auditor General.

(4)The Comptroller and Auditor General shall examine, certify and report on each such statement and shall lay a copy of the statement and of his report before each House of Parliament.