Legislation – Employment Rights Act 2025

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Part 4Trade unions and industrial action, etc

Certification Officer

83Powers to be exercised only on application

(1)

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (9).

(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)

In consequence of the amendments made by subsections (2) to (9), in the Trade Union Act 2016—

(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).