Legislation – Employment Rights Act 2025
Part 4Trade unions and industrial action, etc
Certification Officer
83Powers to be exercised only on application
(1)
(2)
In section 45C (duty to secure union positions not held by certain offenders: remedies and enforcement)—
(a)
in subsection (1), omit the words from “; but the Certification Officer” to the end;
(b)
in subsection (2A)—
(i)
in paragraph (b), omit “(if any)”;
(ii)
in paragraph (c), omit “(if any)”.
(3)
In section 54 (elections for union positions: remedies), in subsection (1), omit the words after paragraph (b).
(4)
In section 55 (elections for union positions: powers of Certification Officer)—
(a)
in the heading, for “Powers of” substitute “Application to”
;
(b)
in subsection (1)—
(i)
omit “, either”;
(ii)
omit paragraph (b) and the “or” before it;
(c)
in subsection (2)—
(i)
in paragraph (b), omit “(if any)”;
(ii)
in paragraph (c), omit “(if any)”.
(5)
In section 72A (application of funds in breach of section 71: remedies)—
(a)
in subsection (1), omit the words from “; but the Certification Officer” to the end;
(b)
in subsection (2A)—
(i)
in paragraph (b), omit “(if any)”;
(ii)
in paragraph (c), omit “(if any)”.
(6)
In section 79 (remedy for failure to comply with political ballot rules), in subsection (1), omit the words from “; but the Certification Officer” to the end.
(7)
In section 80 (remedy for failure to comply with political ballot rules: powers of Certification Officer)—
(a)
in the heading, for “Powers of” substitute “Application to”
;
(b)
in subsection (1)—
(i)
omit “either”;
(ii)
omit “or without any such application having been made”;
(c)
in subsection (2)—
(i)
in paragraph (b), omit “(if any)”;
(ii)
in paragraph (c), omit “(if any)”.
(8)
In section 82 (rules as to political fund)—
(a)
in subsection (2), omit the words from “; but the Officer” to the end;
(b)
in subsection (3)—
(i)
in paragraph (b), omit “(if any)”;
(ii)
in paragraph (c), omit “(if any)”.
(9)
In section 103 (passing of amalgamation or transfer resolution: powers of Certification Officer)—
(a)
in the heading, for “Powers of” substitute “Complaint to”
;
(b)
in subsection (1), omit the words from “; but the Officer” to the end;
(c)
in subsection (3A)—
(i)
in paragraph (b), omit “(if any)”;
(ii)
in paragraph (c), omit “(if any)”.
(10)
(a)
in section 17(3), for the words from “to enable the Certification Officer” to “the Officer” substitute “in relation to the powers of the Certification Officer”
;
(b)
in Schedule 2—
(i)
in the heading of the Schedule, omit “without application”;
(ii)
in paragraph 3, omit sub-paragraph (2);
(iii)
in paragraph 6, omit sub-paragraph (2).