Trade Union and Labour Relations (Consolidation) Act 1992
1992 c. 52
An Act to consolidate the enactments relating to collective labour relations, that is to say, to trade unions, employers’ associations, industrial relations and industrial action.
[16th July 1992]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
In this Act a “trade union” means an organisation (whether temporary or permanent)—
(a) which consists wholly or mainly of workers of one or more descriptions and whose principal purposes include the regulation of relations between workers of that description or those descriptions and employers or employers’ associations; or
(b) which consists wholly or mainly of—
(i) constituent or affiliated organisations which fulfil the conditions in paragraph (a) (or themselves consist wholly or mainly of constituent or affiliated organisations which fulfil those conditions), or
(ii) representatives of such constituent or affiliated organisations,
and whose principal purposes include the regulation of relations between workers and employers or between workers and employers’ associations, or the regulation of relations between its constituent or affiliated organisations.
(1) The Certification Officer shall keep a list of trade unions containing the names of—
(a) the organisations whose names were, immediately before the commencement of this Act, duly entered in the list of trade unions kept by him under section 8 of the Trade Union and Labour Relations Act 1974, and
(b) the names of the organisations entitled to have their names entered in the list in accordance with this Part.
(2) The Certification Officer shall keep copies of the list of trade unions, as for the time being in force, available for public inspection at all reasonable hours free of charge.
(3) A copy of the list shall be included in his annual report.
(4) The fact that the name of an organisation is included in the list of trade unions is evidence (in Scotland, sufficient evidence) that the organisation is a trade union.
(5) On the application of an organisation whose name is included in the list, the Certification Officer shall issue it with a certificate to that effect.
(6) A document purporting to be such a certificate is evidence (in Scotland, sufficient evidence) that the name of the organisation is entered in the list.
(1) An organisation of workers, whenever formed, whose name is not entered in the list of trade unions may apply to the Certification Officer to have its name entered in the list.
(2) The application shall be made in such form and manner as the Certification Officer may require and shall be accompanied by—
(a) a copy of the rules of the organisation,
(b) a list of its officers,
(c) the address of its head or main office, and
(d) the name under which it is or is to be known,
and by the prescribed fee.
(3) If the Certification Officer is satisfied—
(a) that the organisation is a trade union,
(b) that subsection (2) has been complied with, and
(c) that entry of the name in the list is not prohibited by subsection (4),
he shall enter the name of the organisation in the list of trade unions.
(4) The Certification Officer shall not enter the name of an organisation in the list of trade unions if the name is the same as that under which another organisation—
(a) was on 30th September 1971 registered as a trade union under the Trade Union Acts 1871 to 1964,
(b) was at any time registered as a trade union or employers’ association under the Industrial Relations Act 1971, or
(c) is for the time being entered in the list of trade unions or in the list of employers’ associations kept under Part II of this Act,
or if the name is one so nearly resembling any such name as to be likely to deceive the public.
(1) If it appears to the Certification Officer, on application made to him or otherwise, that an organisation whose name is entered in the list of trade unions is not a trade union, he may remove its name from the list.
(2) He shall not do so without giving the organisation notice of his intention and considering any representations made to him by the organisation within such period (of not less than 28 days beginning with the date of the notice) as may be specified in the notice.
(3) The Certification Officer shall remove the name of an organisation from the list of trade unions if—
(a) he is requested by the organisation to do so, or
(b) he is satisfied that the organisation has ceased to exist.
In this Act an “independent trade union” means a trade union which—
(a) is not under the domination or control of an employer or group of employers or of one or more employers’ associations, and
(b) is not liable to interference by an employer or any such group or association (arising out of the provision of financial or material support or by any other means whatsoever) tending towards such control;
and references to “independence”, in relation to a trade union, shall be construed accordingly.
(1) A trade union whose name is entered on the list of trade unions may apply to the Certification Officer for a certificate that it is independent.
The application shall be made in such form and manner as the Certification Officer may require and shall be accompanied by the prescribed fee.
(2) The Certification Officer shall maintain a record showing details of all applications made to him under this section and shall keep it available for public inspection (free of charge) at all reasonable hours.
(3) If an application is made by a trade union whose name is not entered on the list of trade unions, the Certification Officer shall refuse a certificate of independence and shall enter that refusal on the record.
(4) In any other case, he shall not come to a decision on the application before the end of the period of one month after it has been entered on the record; and before coming to his decision he shall make such enquiries as he thinks fit and shall take into account any relevant information submitted to him by any person.
(5) He shall then decide whether the applicant trade union is independent and shall enter his decision and the date of his decision on the record.
(6) If he decides that the trade union is independent he shall issue a certificate accordingly; and if he decides that it is not, he shall give reasons for his decision.
(1) The Certification Officer may withdraw a trade union’s certificate of independence if he is of the opinion that the union is no longer independent.
(2) Where he proposes to do so he shall notify the trade union and enter notice of the proposal in the record.
(3) He shall not come to a decision on the proposal before the end of the period of one month after notice of it was entered on the record; and before coming to his decision he shall make such enquiries as he thinks fit and shall take into account any relevant information submitted to him by any person.
(4) He shall then decide whether the trade union is independent and shall enter his decision and the date of his decision on the record.
(5) He shall confirm or withdraw the certificate accordingly; and if he decides to withdraw it, he shall give reasons for his decision.
(6) Where the name of an organisation is removed from the list of trade unions, the Certification Officer shall cancel any certificate of independence in force in respect of that organisation by entering on the record the fact that the organisation’s name has been removed from that list and that the certificate is accordingly cancelled.
8 Conclusive effect of Certification Officer’s decision.
(1) A certificate of independence which is in force is conclusive evidence for all purposes that a trade union is independent; and a refusal, withdrawal or cancellation of a certificate of independence, entered on the record, is conclusive evidence for all purposes that a trade union is not independent.
(2) A document purporting to be a certificate of independence and to be signed by the Certification Officer, or by a person authorised to act on his behalf, shall be taken to be such a certificate unless the contrary is proved.
(3) A document purporting to be a certified copy of an entry on the record and to be signed by the Certification Officer, or by a person authorised to act on his behalf, shall be taken to be a true copy of such an entry unless the contrary is proved.
(4) If in any proceedings before a court, the Employment Appeal Tribunal, the Central Arbitration Committee, ACAS or an employment tribunal a question arises whether a trade union is independent and there is no certificate of independence in force and no refusal, withdrawal or cancellation of a certificate recorded in relation to that trade union—
(a) that question shall not be decided in those proceedings, and
(b) the proceedings shall instead be stayed or sisted until a certificate of independence has been issued or refused by the Certification Officer.
(5) The body before whom the proceedings are stayed or sisted may refer the question of the independence of the trade union to the Certificate Officer who shall proceed in accordance with section 6 as on an application by that trade union.
9 Appeal against decision of Certification Officer.
(1) An organisation aggrieved by the refusal of the Certification Officer to enter its name in the list of trade unions, or by a decision of his to remove its name from the list, may appeal to the Employment Appeal Tribunal on any appealable question.
(2) A trade union aggrieved by the refusal of the Certification Officer to issue it with a certificate of independence, or by a decision of his to withdraw its certificate, may appeal to the Employment Appeal Tribunal on any appealable question.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) For the purposes of this section, an appealable question is any question of law arising in the proceedings before, or arising from the decision of, the Certification Officer.
(1) A trade union is not a body corporate but—
(a) it is capable of making contracts;
(b) it is capable of suing and being sued in its own name, whether in proceedings relating to property or founded on contract or tort or any other cause of action; and
(c) proceedings for an offence alleged to have been committed by it or on its behalf may be brought against it in its own name.
(2) A trade union shall not be treated as if it were a body corporate except to the extent authorised by the provisions of this Part.
(3) A trade union shall not be registered—
(a) as a company under the the Companies Act 2006, or
(b) under the Friendly Societies Act 1974 or the the Co-operative and Community Benefit Societies Act 2014 ;
and any such registration of a trade union (whenever effected) is void.
11 Exclusion of common law rules as to restraint of trade.
(1) The purposes of a trade union are not, by reason only that they are in restraint of trade, unlawful so as—
(a) to make any member of the trade union liable to criminal proceedings for conspiracy or otherwise, or
(b) to make any agreement or trust void or voidable.
(2) No rule of a trade union is unlawful or unenforceable by reason only that it is in restraint of trade.
(1) All property belonging to a trade union shall be vested in trustees in trust for it.
(2) A judgment, order or award made in proceedings of any description brought against a trade union is enforceable, by way of execution, diligence, punishment for contempt or otherwise, against any property held in trust for it to the same extent and in the same manner as if it were a body corporate.
(3) Subsection (2) has effect subject to section 23 (restriction on enforcement of awards against certain property).
(1) The provisions of this section apply in relation to the appointment or discharge of trustees in whom any property is vested in trust for a trade union whose name is entered in the list of trade unions.
(2) In the following sections as they apply to such trustees references to a deed shall be construed as references to an instrument in writing—
(a) section 39 of the Trustee Act 1925 and section 38 of the Trustee Act (Northern Ireland) 1958 (retirement of trustee without a new appointment), and
(b) section 40 of the Trustee Act 1925 and section 39 of the Trustee Act (Northern Ireland) 1958 (vesting of trust property in new or continuing trustees).
(3) Where such a trustee is appointed or discharged by a resolution taken by or on behalf of the union, the written record of the resolution shall be treated for the purposes of those sections as an instrument in writing appointing or discharging the trustee.
(4) In section 40 of the Trustee Act 1925 and section 39 of the Trustee Act (Northern Ireland) 1958 as they apply to such trustees, paragraphs (a) and (c) of subsection (4) (which exclude certain property from the section) shall be omitted.
14 Transfer of securities held in trust for trade union.
(1) In this section—
“instrument of appointment” means an instrument in writing appointing a new trustee of a trade union whose name is entered in the list of trade unions, and
“instrument of discharge” means an instrument in writing discharging a trustee of such a trade union;
and for the purposes of this section where a trustee is appointed or discharged by a resolution taken by or on behalf of such a trade union, the written record of the resolution shall be treated as an instrument in writing appointing or discharging the trustee.
(2) Where by any enactment or instrument the transfer of securities of any description is required to be effected or recorded by means of entries in a register, then if—
(a) there is produced to the person authorised or required to keep the register a copy of an instrument of appointment or discharge which contains or has attached to it a list identifying the securities of that description held in trust for the union at the date of the appointment or discharge, and
(b) it appears to that person that any of the securities so identified are included in the register kept by him,
he shall make such entries as may be necessary to give effect to the instrument of appointment or discharge.
This subsection has effect notwithstanding anything in any enactment or instrument regulating the keeping of the register.
(3) A document which purports to be a copy of an instrument of appointment or discharge containing or having attached to it such a list, and to be certified in accordance with the following subsection to be a copy of such an instrument, shall be taken to be a copy of such an instrument unless the contrary is proved.
(4) The certificate shall be given by the president and general secretary of the union and, in the case of an instrument to which a list of securities is attached, shall appear both on the instrument and on the list.
(5) Nothing done for the purposes of or in pursuance of this section shall be taken to affect any person with notice of any trust or to impose on any person a duty to inquire into any matter.
(6) In relation to a Scottish trust, references in this section to the appointment and discharge of a trustee shall be construed as including references to, respectively, the assumption and resignation of a trustee; and references to an instrument appointing or discharging a trustee shall be construed accordingly.
15 Prohibition on use of funds to indemnify unlawful conduct.
(1) It is unlawful for property of a trade union to be applied in or towards—
(a) the payment for an individual of a penalty which has been or may be imposed on him for an offence or for contempt of court,
(b) the securing of any such payment, or
(c) the provision of anything for indemnifying an individual in respect of such a penalty.
(2) Where any property of a trade union is so applied for the benefit of an individual on whom a penalty has been or may be imposed, then—
(a) in the case of a payment, an amount equal to the payment is recoverable by the union from him, and
(b) in any other case, he is liable to account to the union for the value of the property applied.
(3) If a trade union fails to bring or continue proceedings which it is entitled by bring by virtue of subsection (2), a member of the union who claims that the failure is unreasonable may apply to the court on that ground for an order authorising him to bring or continue the proceedings on the union’s behalf and at the union’s expense.
(4) In this section “penalty”, in relation to an offence, includes an order to pay compensation and an order for the forfeiture of any property; and references to the imposition of a penalty for an offence shall be construed accordingly.
(5) The Secretary of State may by order designate offences in relation to which the provisions of this section do not apply.
Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) This section does not affect—
(a) any other enactment, any rule of law or any provision of the rules of a trade union which makes it unlawful for the property of a trade union to be applied in a particular way; or
(b) any other remedy available to a trade union, the trustees of its property or any of its members in respect of an unlawful application of the union’s property.
(7) In this section “member”, in relation to a trade union consisting wholly or partly of, or of representatives of, constituent or affiliated organisations, includes a member of any of the constituent or affiliated organisations.
16 Remedy against trustees for unlawful use of union property.
(1) A member of a trade union who claims that the trustees of the union’s property—
(a) have so carried out their functions, or are proposing so to carry out their functions, as to cause or permit an unlawful application of the union’s property, or
(b) have complied, or are proposing to comply, with an unlawful direction which has been or may be given, or purportedly given, to them under the rules of the union,
may apply to the court for an order under this section.
(2) In a case relating to property which has already been unlawfully applied, or to an unlawful direction that has already been complied with, an application under this section may be made only by a person who was a member of the union at the time when the property was applied or, as the case may be, the direction complied with.
(3) Where the court is satisfied that the claim is well-founded, it shall make such order as it considers appropriate.
The court may in particular—
(a) require the trustees (if necessary, on behalf of the union) to take all such steps as may be specified in the order for protecting or recovering the property of the union;
(b) appoint a receiver of, or in Scotland a judicial factor on, the property of the union;
(c) remove one or more of the trustees.
(4) Where the court makes an order under this section in a case in which—
(a) property of the union has been applied in contravention of an order of any court, or in compliance with a direction given in contravention of such an order, or
(b) the trustees were proposing to apply property in contravention of such an order or to comply with any such direction,
the court shall by its order remove all the trustees except any trustee who satisfies the court that there is a good reason for allowing him to remain a trustee.
(5) Without prejudice to any other power of the court, the court may on an application for an order under this section grant such interlocutory relief (in Scotland, such interim order) as it considers appropriate.
(6) This section does not affect any other remedy available in respect of a breach of trust by the trustees of a trade union’s property.
(7) In this section “member”, in relation to a trade union consisting wholly or partly of, or of representatives of, constituent or affiliated organisations, includes a member of any of the constituent or affiliated organisations.
(1) The Secretary of State may make provision by regulations for enabling members of trade unions who are not under 16 years of age to nominate a person or persons to become entitled, on the death of the person making the nomination, to the whole or part of any money payable on his death out of the funds of the trade union.
(2) The regulations may include provision as to the manner in which nominations may be made and as to the manner in which nominations may be varied or revoked.
(3) The regulations may provide that, subject to such exceptions as may be prescribed, no nomination made by a member of a trade union shall be valid if at the date of the nomination the person nominated is an officer or employee of the trade union or is otherwise connected with the trade union in such manner as may be prescribed by the regulations.
(4) The regulations may include such incidental, transitional or supplementary provisions as the Secretary of State may consider appropriate.
(5) They may, in particular, include provision for securing, to such extent and subject to such conditions as may be prescribed in the regulations, that nominations made under the Trade Union Act 1871 Amendment Act 1876 have effect as if made under the regulations and may be varied or revoked accordingly.
(6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
18 Payments out of union funds on death of member.
(1) The Secretary of State may make provision by regulations for enabling money payable out of the funds of a trade union on the death of a member, to an amount not exceeding £5,000, to be paid or distributed on his death without letters of administration, probate of any will or confirmation.
(2) The regulations may include such incidental, transitional and supplementary provisions as the Secretary of State may consider appropriate.
(3) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) The Treasury may by order under section 6(1) of the Administration of Estates (Small Payments) Act 1965 direct that subsection (1) above shall have effect with the substitution for the reference to £5,000 of a reference to such higher amount as may be specified in the order.
19 Application of certain provisions relating to industrial assurance or friendly societies.
(1) Section 99 of the Friendly Societies Act 1992 (insurance of lives of children under 10) applies to a trade union as to a friendly society.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Section 52 of the Friendly Societies Act 1974 (charitable subscriptions and contributions to other registered societies) extends to a trade union, or branch of a trade union, as regards contributing to the funds and taking part in the government of a medical society, that is, a society for the purpose of relief in sickness by providing medical attendance and medicine.
A trade union, or branch of a trade union, shall not withdraw from contributing to the funds of such a society except on three months notice to the society and on payment of all contributions accrued or accruing due to the date of the expiry of the notice.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 Liability of trade union in certain proceedings in tort.
(1) Where proceedings in tort are brought against a trade union—
(a) on the ground that an act—
(i) induces another person to break a contract or interferes or induces another person to interfere with its performance, or
(ii) consists in threatening that a contract (whether one to which the union is a party or not) will be broken or its performance interfered with, or that the union will induce another person to break a contract or interfere with its performance, or
(b) in respect of an agreement or combination by two or more persons to do or to procure the doing of an act which, if it were done without any such agreement or combination, would be actionable in tort on such a ground,
then, for the purpose of determining in those proceedings whether the union is liable in respect of the act in question, that act shall be taken to have been done by the union if, but only if, it is to be taken to have been authorised or endorsed by the trade union in accordance with the following provisions.
(2) An act shall be taken to have been authorised or endorsed by a trade union if it was done, or was authorised or endorsed—
(a) by any person empowered by the rules to do, authorise or endorse acts of the kind in question, or
(b) by the principal executive committee or the president or general secretary, or
(c) by any other committee of the union or any other official of the union (whether employed by it or not).
(3) For the purposes of paragraph (c) of subsection (2)—
(a) any group of persons constituted in accordance with the rules of the union is a committee of the union; and
(b) an act shall be taken to have been done, authorised or endorsed by an official if it was done, authorised or endorsed by, or by any member of, any group of persons of which he was at the material time a member, the purposes of which included organising or co-ordinating industrial action.
(4) The provisions of paragraphs (b) and (c) of subsection (2) apply notwithstanding anything in the rules of the union, or in any contract or rule of law, but subject to the provisions of section 21 (repudiation by union of certain acts).
(5) Where for the purposes of any proceedings an act is by virtue of this section taken to have been done by a trade union, nothing in this section shall affect the liability of any other person, in those or any other proceedings, in respect of that act.
(6) In proceedings arising out of an act which is by virtue of this section taken to have been done by a trade union, the power of the court to grant an injunction or interdict includes power to require the union to take such steps as the court considers appropriate for ensuring—
(a) that there is no, or no further, inducement of persons to take part or to continue to take part in industrial action, and
(b) that no person engages in any conduct after the granting of the injunction or interdict by virtue of having been induced before it was granted to take part or to continue to take part in industrial action.
The provisions of subsections (2) to (4) above apply in relation to proceedings for failure to comply with any such injunction or interdict as they apply in relation to the original proceedings.
(7) In this section “rules”, in relation to a trade union, means the written rules of the union and any other written provision forming part of the contract between a member and the other members.
(1) An act shall not be taken to have been authorised or endorsed by a trade union by virtue only of paragraph (c) of section 20(2) if it was repudiated by the executive, president or general secretary as soon as reasonably practicable after coming to the knowledge of any of them.
(2) Where an act is repudiated—
(a) written notice of the repudiation must be given to the committee or official in question, without delay, and
(b) the union must do its best to give individual written notice of the fact and date of repudiation, without delay—
(i) to every member of the union who the union has reason to believe is taking part, or might otherwise take part, in industrial action as a result of the act, and
(ii) to the employer of every such member.
(3) The notice given to members in accordance with paragraph (b)(i) of subsection (2) must contain the following statement— “ Your union has repudiated the call (or calls) for industrial action to which this notice relates and will give no support to unofficial industrial action taken in response to it (or them). If you are dismissed while taking unofficial industrial action, you will have no right to complain of unfair dismissal. ”
(4) If subsection (2) or (3) is not complied with, the repudiation shall be treated as ineffective.
(5) An act shall not be treated as repudiated if at any time after the union concerned purported to repudiate it the executive, president or general secretary has behaved in a manner which is inconsistent with the purported repudiation.
(6) The executive, president or general secretary shall be treated as so behaving if, on a request made to any of them within three months of the purported repudiation by a person who—
(a) is a party to a commercial contract whose performance has been or may be interfered with as a result of the act in question, and
(b) has not been given written notice by the union of the repudiation,
it is not forthwith confirmed in writing that the act has been repudiated.
(7) In this section “commercial contract” mean means any contract other than—
(a) a contract of employment, or
(b) any other contract under which a person agrees personally to do work or perform services for another.
22 Limit on damages awarded against trade unions in actions in tort.
(1) This section applies to any proceedings in tort brought against a trade union, except—
(a) proceedings for personal injury as a result of negligence, nuisance or breach of duty;
(b) proceedings for breach of duty in connection with the ownership, occupation, possession, control or use of property;
(c) proceedings brought by virtue of Part I of the Consumer Protection Act 1987 (product liability).
(2) In any proceedings in tort to which this section applies the amount which may awarded against the union by way of damages shall not exceed the following limit—
Number of members of union | Maximum award of damages
Less than 5,000 | £40,000
5,000 or more but less than 25,000 | £200,000
25,000 or more but less than 100,000 | £500,000
100,000 or more | £1,000,000
(3) The Secretary of State may by order amend subsection (2) so as to vary any of the sums specified; and the order may make such transitional provision as the Secretary of State considers appropriate.
(4) Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) In this section—
“breach of duty” means breach of a duty imposed by any rule of law or by or under any enactment;
“personal injury” includes any disease and any impairment of a person’s physical or mental condition; and
“property” means any property, whether real or personal (or in Scotland, heritable or moveable).
23 Restriction on enforcement of awards against certain property.
(1) Where in any proceedings an amount is awarded by way of damages, costs or expenses—
(a) against a trade union,
(b) against trustees in whom property is vested in trust for a trade union, in their capacity as such (and otherwise than in respect of a breach of trust on their part), or
(c) against members or officials of a trade union on behalf of themselves and all of the members of the union,
no part of that amount is recoverable by enforcement against any protected property.
(2) The following is protected property—
(a) property belonging to the trustees otherwise than in their capacity as such;
(b) property belonging to any member of the union otherwise than jointly or in common with the other members;
(c) property belonging to an official of the union who is neither a member nor a trustee;
(d) property comprised in the union’s political fund where that fund—
(i) is subject to rules of the union which prevent property which is or has been comprised in the fund from being used for financing strikes or other industrial action, and
(ii) was so subject at the time when the act in respect of which the proceedings are brought was done;
(e) property comprised in a separate fund maintained in accordance with the rules of the union for the purpose only of providing provident benefits.
(3) For this purpose “provident benefits” includes—
(a) any payment expressly authorised by the rules of the union which is made—
(i) to a member during sickness or incapacity from personal injury or while out of work, or
(ii) to an aged member by way of superannuation, or
(iii) to a member who has met with an accident or has lost his tools by fire or theft;
(b) a payment in discharge or aid of funeral expenses on the death of a member or the spouse or civil partner of a member or as provision for the children of a deceased member.
24 Duty to maintain register of members’ names and addresses.
(1) A trade union shall compile and maintain a register of the names and addresses of its members, and shall secure, so far as is reasonably practicable, that the entries in the register are accurate and are kept up-to-date.
(2) The register may be kept by means of a computer.
(3) A trade union shall—
(a) allow any member, upon reasonable notice, to ascertain from the register, free of charge and at any reasonable time, whether there is an entry on it relating to him; and
(b) if requested to do so by any member, supply him as soon as reasonably practicable, either free of charge or on payment of a reasonable fee, with a copy of any entry on the register relating to him.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For the purposes of this section a member’s address means either his home address or another address which he has requested the union in writing to treat as his postal address.
(6) The remedy for failure to comply with the requirements of this section is by way of application under section 25 (to the Certification Officer) or section 26 (to the court) ; see also the powers of the Certification Officer under section 24B to make a declaration and an enforcement order .
. . ..
(1) A trade union required to maintain a register of the names and addresses of its members by section 24 must send to the Certification Officer a membership audit certificate in relation to each reporting period.
(2) In this section and in sections 24ZB to 24ZF, a “reporting period” means a period in relation to which the union is required by section 32 to send an annual return to the Certification Officer.
(3) The union must send the membership audit certificate in relation to a reporting period to the Certification Officer at the same time as it sends to the Officer its annual return under section 32 in relation to that period.
(4) In the case of a trade union required by section 24ZB to appoint an assurer in relation to a reporting period, the “membership audit certificate” in relation to that period is the certificate which the assurer is required to provide to the union in relation to that period pursuant to that appointment.
(5) In any other case, the “membership audit certificate” in relation to a reporting period is a certificate which—
(a) must be signed by an officer of the trade union who is authorised to sign on its behalf,
(b) must state the officer's name, and
(c) must state whether, to the best of the officer's knowledge and belief, the union has complied with its duties under section 24(1) throughout the reporting period.
(6) A trade union must, at a person's request, supply the person with a copy of its most recent membership audit certificate either free of charge or on payment of a reasonable charge.
(7) The Certification Officer must at all reasonable hours keep available for public inspection, either free of charge or on payment of a reasonable charge, copies of all membership audit certificates sent to the Officer under this section.
(1) A trade union required to maintain a register of the names and addresses of its members by section 24 must, in relation to each reporting period, appoint a qualified independent person to be an assurer in relation to that period.
(2) There is incorporated in the assurer's appointment a duty which the assurer owes to the trade union—
(a) to provide to the union a membership audit certificate in relation to the reporting period which accords with the requirements of section 24ZD, and
(b) to carry out such enquiries as the assurer considers necessary to enable the assurer to provide that certificate.
(3) A person is a “qualified independent person” if—
(a) the person either satisfies such conditions as may be specified for the purposes of this section by order of the Secretary of State or is specified by name in such an order, and
(b) the trade union has no grounds for believing that—
(i) the person will carry out an assurer's functions otherwise than competently, or
(ii) the person's independence in relation to the union might reasonably be called into question.
(4) None of the following may act as an assurer—
(a) an officer or employee of the trade union or of any of its branches or sections;
(b) a person who is a partner of, or in the employment of, or who employs, such an officer or employee.
(5) This section does not apply to a trade union in relation to a reporting period if the number of its members at the end of the preceding reporting period did not exceed 10,000.
(6) Any order under this section is to be made by statutory instrument and is to be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The rules of every trade union to which section 24ZB applies must contain provision for the appointment and removal of an assurer.
But the following provisions have effect notwithstanding anything in the rules.
(2) An assurer must not be removed from office except by resolution passed at a general meeting of the members of the union or of delegates of its members.
(3) A person duly appointed as an assurer in relation to a reporting period must be reappointed as assurer in relation to the following reporting period, unless—
(a) a resolution has been passed at a general meeting of the trade union appointing somebody else instead or providing expressly that the person is not to be re-appointed,
(b) the person has given notice to the union in writing of the person's unwillingness to be re-appointed,
(c) the person is not qualified for the appointment in accordance with section 24ZB, or
(d) the person has ceased to act as assurer by reason of incapacity.
(4) But a person need not automatically be re-appointed where—
(a) the person is retiring,
(b) notice has been given of an intended resolution to appoint somebody else instead, and
(c) that resolution cannot be proceeded with at the meeting because of the death or incapacity of the proposed replacement.
24ZD Requirements of assurer's membership audit certificate
(1) For the purposes of section 24ZB(2)(a) the requirements of a membership audit certificate in relation to a reporting period provided by an assurer are as follows.
(2) The certificate must state the name of, and be signed by, the assurer.
(3) The certificate must state—
(a) whether, in the assurer's opinion, the trade union's system for compiling and maintaining the register of the names and addresses of its members was satisfactory for the purposes of complying with the union's duties under section 24(1) throughout the reporting period, and
(b) whether, in the assurer's opinion, the assurer has obtained the information and explanations which the assurer considers necessary for the performance of the assurer's functions.
(4) If the certificate states that—
(a) in the assurer's opinion, the trade union's system for compiling and maintaining the register was not satisfactory for the purposes of complying with the union's duties under section 24(1) throughout the reporting period, or
(b) in the assurer's opinion, the assurer has failed to obtain the information and explanations which the assurer considers necessary for the performance of the assurer's functions,
the certificate must state the assurer's reasons for making that statement.
(5) In the case of a failure to obtain information or explanations as described in subsection (4)(b), the certificate must also—
(a) provide a description of the information or explanations requested or required which have not been obtained, and
(b) state whether the assurer required that information or those explanations from the union's officers, or officers of any of its branches or sections, under section 24ZE.
(6) The reference in subsection (2) to signature by the assurer is, where that office is held by a body corporate or partnership, to signature in the name of the body corporate or partnership by an individual authorised to sign on its behalf.
(1) An assurer appointed by a trade union under section 24ZB—
(a) has a right of access at all reasonable times to the register of the names and addresses of the union's members and to all other documents which the assurer considers may be relevant to whether the union has complied with any of the requirements of section 24(1), and
(b) is entitled to require from the union's officers, or the officers of any of its branches or sections, such information and explanations as the assurer considers necessary for the performance of the assurer's functions.
(2) In subsection (1) references to documents include information recorded in any form.
If an assurer provides a membership audit certificate in relation to a reporting period to a trade union which states that, in the assurer's opinion—
(a) the union's system for compiling and maintaining the register was not satisfactory for the purposes of complying with the union's duties under section 24(1) throughout that period, or
(b) the assurer has failed to obtain the information and explanations which the assurer considers necessary for the performance of the assurer's functions,
the assurer must send a copy of the certificate to the Certification Officer as soon as is reasonably practicable after it is provided to the union.
(1) The duty of confidentiality as respects the register is incorporated in an assurer's appointment by a trade union under section 24ZB.
(2) The duty of confidentiality as respects the register is a duty which the assurer owes to the union—
(a) not to disclose any name or address in the register of the names and addresses of the union's members except in permitted circumstances, and
(b) to take all reasonable steps to secure that there is no disclosure of any such name or address by another person except in permitted circumstances.
(3) The circumstances in which disclosure of a member's name or address is permitted are—
(a) where the member consents,
(b) where it is required or requested by the Certification Officer for the purposes of the discharge of any of the Officer's functions,
(c) where it is required for the purposes of the discharge of any of the functions of an inspector appointed by the Officer,
(d) where it is required for the purposes of the discharge of any of the functions of the assurer, or
(e) where it is required for the purposes of the investigation of crime or criminal proceedings.
24A Securing confidentiality of register during ballots.
(1) This section applies in relation to a ballot of the members of a trade union on—
(a) an election under Chapter IV for a position to which that Chapter applies,
(b) a political resolution under Chapter VI, and
(c) a resolution to approve an instrument of amalgamation or transfer under Chapter VII.
(2) Where this section applies in relation to a ballot the trade union shall impose the duty of confidentiality in relation to the register of members’ names and addresses on the scrutineer appointed by the union for the purposes of the ballot and on any person appointed by the union as the independent person for the purposes of the ballot.
(3) The duty of confidentiality in relation to the register of members’ names and addresses is, when imposed on a scrutineer or on an independent person, a duty—
(a) not to disclose any name or address in the register except in permitted circumstances; and
(b) to take all reasonable steps to secure that there is no disclosure of any such name or address by any other person except in permitted circumstances;
and any reference in this Act to “the duty of confidentiality” , in the context of a scrutineer or independent person, is a reference to the duty prescribed in this subsection.
(4) The circumstances in which disclosure of a member’s name and address is permitted are—
(a) where the member consents;
(b) where it is required or requested by the Certification Officer for the purposes of the discharge of any of his functions or it is required for the purposes of the discharge of any of the functions of an inspector appointed by him;
(c) where it is required for the purposes of the discharge of any of the functions of the scrutineer or independent person, as the case may be, under the terms of his appointment;
(d) where it is required for the purposes of the investigation of crime or of criminal proceedings.
(5) Any provision of this Part which incorporates the duty of confidentiality as respects the register into the appointment of a scrutineer or an independent person has the effect of imposing that duty on the scrutineer or independent person as a duty owed by him to the trade union.
(6) The remedy for failure to comply with the requirements of this section is by way of application under section 25 (to the Certification Officer) or section 26 (to the court).
. . ..
24B Enforcement of sections 24 to 24ZC by Certification Officer
(1) Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of section 24, 24ZA, 24ZB or 24ZC (duties etc relating to the register of members), the Officer may make a declaration to that effect.
(2) Before making such a declaration, the Certification Officer—
(a) may make such enquiries as the Officer thinks fit,
(b) must give the union an opportunity to make written representations, and
(c) may give the union an opportunity to make oral representations.
(3) If the Certification Officer makes a declaration it must specify the provisions with which the union has failed to comply.
(4) Where the Certification Officer makes a declaration and is satisfied—
(a) 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
(b) that the union has agreed to take such steps,
the Officer must specify those steps in the declaration.
(5) Where a declaration is made, the Certification Officer must give reasons in writing for making the declaration.
(6) Where a declaration is made, the Certification Officer must also make an enforcement order unless the Officer considers that to do so would be inappropriate.
(7) An “enforcement order” is an order imposing on the union one or both of the following requirements—
(a) to take such steps to remedy the declared failure, within such period, as may be specified in the order;
(b) 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.
(8) Where, having given the union an opportunity to make written representations under subsection (2)(b), the Certification Officer determines not to make a declaration under subsection (1), the Officer must give the union notice in writing of that determination.
(9) Where the Certification Officer requests a person to provide information to the Officer in connection with enquiries under this section, the Officer must specify the date by which that information is to be provided.
(10) Where the information is not provided by the specified date, the Certification Officer must proceed with determining whether to make a declaration under subsection (1) unless the Officer considers that it would be inappropriate to do so.
(11) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court.
(12) An enforcement order made by the Certification Officer under this section may be enforced by the Officer in the same way as an order of the court.
(13) Where an enforcement order has been made, a 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 the order had been made on an application by that person.
25 Remedy for failure: application to Certification Officer.
(1) A member of a trade union who claims that the union has failed to comply with any of the requirements of section 24 or 24A (duties with respect to register of members’ names and addresses) may apply to the Certification Officer for a declaration to that effect.
(2) On an application being made to him, the Certification Officer shall—
(a) make such enquiries as he thinks fit, and
(b) . . . give the applicant and the trade union an opportunity to be heard,
and may make or refuse the declaration asked for.
(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.
(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 both of the following requirements—
(a) to take such steps to remedy the declared failure, within such period, as may be specified in the order;
(b) 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 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.
(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.
(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 of the application notwithstanding that the information has not been furnished to him by the specified date.
(8) The Certification Officer shall not entertain an application for a declaration as respects an alleged failure to comply with the requirements of section 24A in relation to a ballot to which that section applies unless the application is made before the end of the period of one year beginning with the last day on which votes could be cast in the ballot.
(9) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court.
(10) An enforcement order made by the Certification Officer under this section may be enforced (by the Certification Officer, the applicant or a person mentioned in subsection (5B)) in the same way as an order of the court.
(11) The following paragraphs have effect if a person applies under section 26 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.
(1) A member of a trade union who claims that the union has failed to comply with any of the requirements of section 24 or 24A (duties with respect to register of members’ names and addresses) may apply to the court for a declaration to that effect.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If the court makes a declaration it shall specify in it 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 both of the following requirements—
(a) to take such steps to remedy the declared failure, within such period, as may be specified in the order;
(b) 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.
(5) 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.
(6) 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.
(7) The court shall not entertain an application for a declaration as respects an alleged failure to comply with the requirements of section 24A in relation to a ballot to which that section applies unless the application is made before the end of the period of one year beginning with the last day on which votes could be cast in the ballot.
(8) The following paragraphs have effect if a person applies under section 25 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.
(9) Where a person applies under this section in relation to an alleged failure and the Certification Officer has made a declaration regarding that failure under section 24B, the court must have due regard to the declaration and any order, observations or reasons made or given by the Officer under that section regarding that failure and brought to the court's notice.