Office of Public Sector Information
SCHEDULE 6 continued
(4) The Certification Officer shall in an order imposing any such requirement as is mentioned in subsection (3)(a) specify the period within which the union is to comply with the requirement.
(5) 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 of the application notwithstanding that the information has not been furnished to him by the specified date.
(6) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court.
(7) Where an enforcement order has been made, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made the application on which the order was made.
(8) An enforcement order made by the Certification Officer under this section may be enforced in the same way as an order of the court.
(9) An order under section 108A(2)(e) may provide that, in relation to an application under section 108A with regard to a prescribed matter, the preceding provisions of this section shall apply with such omissions or modifications as may be specified in the order; and a prescribed matter is such matter specified under section 108A(2)(e) as is prescribed under this subsection.
An appeal lies to the Employment Appeal Tribunal on any question of law arising in proceedings before or arising from any decision of the Certification Officer under this Chapter.”
20 (1) Section 132 (provisions about application of funds for political objects to apply to unincorporated employers' associations) shall be amended as follows.
(2) For “The” substitute “(1) Subject to subsections (2) to (5), the”.
(3) After subsection (1) (as created by sub-paragraph (2)) insert—
“(2) Subsection (1) does not apply to these provisions—
(a) section 72A;
(b) in section 80, subsections (5A) to (5C) and (8) to (10);
(c) in section 81, subsection (8).
(3) In its application to an unincorporated employers' association, section 79 shall have effect as if at the end of subsection (1) there were inserted—
“The making of an application to the Certification Officer does not prevent the applicant, or any other person, from making an application to the court in respect of the same matter.”
(4) In its application to an unincorporated employers' association, section 80(2)(b) shall have effect as if the words “where he considers it appropriate,” were inserted at the beginning.
(5) In its application to an unincorporated employers' association, section 81 shall have effect as if after subsection (1) there were inserted—
“(2) If an application in respect of the same matter has been made to the Certification Officer, the court shall have due regard to any declaration, reasons or observations of his which are brought to its notice.”
In section 133 (provisions about amalgamations and similar matters to apply to unincorporated employers' associations) in subsection (2)(c) after “101(3)” there shall be inserted “, 103(2A) and (6) to (9)”.
In section 256 (procedure before Certification Officer) for subsection (2) (provision for restricting disclosure of individual’s identity) there shall be substituted—
“(2) He shall in particular make provision about the disclosure, and restriction of the disclosure, of the identity of an individual who has made or is proposing to make any such application or complaint.
(2A) Provision under subsection (2) shall be such that if the application or complaint relates to a trade union—
(a) the individual’s identity is disclosed to the union unless the Certification Officer thinks the circumstances are such that it should not be so disclosed;
(b) the individual’s identity is disclosed to such other persons (if any) as the Certification Officer thinks fit.”
After section 256 there shall be inserted—
(1) The Certification Officer may refuse to entertain any application or complaint made to him under a provision of Chapters III to VIIA of Part I by a vexatious litigant.
(2) The Certification Officer must give reasons for such a refusal.
(3) Subsection (1) does not apply to a complaint under section 37E(1)(b) or to an application under section 41.
(4) For the purposes of subsection (1) a vexatious litigant is a person who is the subject of—
(a) an order which is made under section 33(1) of the [1996 c. 17.] Employment Tribunals Act 1996 and which remains in force,
(b) a civil proceedings order or an all proceedings order which is made under section 42(1) of the [1981 c. 54.] Supreme Court Act 1981 and which remains in force,
(c) an order which is made under section 1 of the [1898 c. 35.] Vexatious Actions (Scotland) Act 1898, or
(d) an order which is made under section 32 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978.
(1) For the purposes of a relevant enactment an application to the Certification Officer shall be disregarded if—
(a) it was made under a provision mentioned in the relevant enactment, and
(b) it was refused by the Certification Officer under section 256A(1).
(2) The relevant enactments are sections 26(8), 31(7), 45C(5B), 56(8), 72A(10), 81(8) and 108A(13).”
24 In section 258(1) (Certification Officer: annual report) for “calendar year” there shall be substituted “financial year”.
Employment Relations Act 1999