{
  "url": "https://openlegislation.uk/employment-relations-act-1999-commencement-no-2-and-transitional-and-saving-provisions-order-1999/schedule-3/paragraph-5",
  "json_url": "https://openlegislation.uk/employment-relations-act-1999-commencement-no-2-and-transitional-and-saving-provisions-order-1999/schedule-3/paragraph-5.json",
  "legislation": "uksi/1999/2830",
  "legislation_title": "The Employment Relations Act 1999 (Commencement No. 2 and Transitional and Saving Provisions) Order 1999",
  "legislation_url": "https://openlegislation.uk/employment-relations-act-1999-commencement-no-2-and-transitional-and-saving-provisions-order-1999",
  "path": "schedule/3/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "The Certification Officer",
  "text": "(1) The following amendments of the 1992 Act made by the following provisions of Schedule 6 to the Act, and the repeals specified in Part 7 of Schedule 9 to the Act, shall have effect only in relation to applications (or as the case may be complaints) to the Certification Officer made on or after 25th October 1999.\nParagraph of Schedule 6\nProvision of the 1992 Act affected\nSubject matter\n2 to 5\nSections 24 to 26\nRegister of union members.\n7\nSection 45C\nUnion positions not to be held by certain offenders.\n8\nNew section 45D\nAppeals from Certification Officer’s decision.\n9 to 12\nSections 54 to 56 and new section 56A\nElections.\n14 to 17\nSections 79 to 82\nPolitical ballot and political fund rules.\n18\nSection 103\nProcedure relating to amalgamation or transfer of engagements.\n20 and 21\nSections 132 and 133\nUnincorporated employers' associations.\n22\nSection 256\nProcedure before the Certification Officer.\n23\nNew section 256A\nPower of Certification Officer to refuse to entertain application or complaint made by vexatious litigant.\n(2) The amendments to section 31 (remedy for failure to comply with request for access to union’s accounting records) of the 1992 Act made by paragraph 6 of Schedule 6 to the Act shall have effect only in relation to requests made on or after 27th July 1999.\n(3) The following provisons of the 1992 Act (inserted by paragraphs 13 and 19 of Schedule 6 to the Act)—\n(a) section 72A (application to the Certification Officer where union has applied its funds in breach of section 71 of the 1992 Act), and\n(b) Chapter VIIA of Part I (Right to apply to the Certification Officer in case of breach or threatened breach of certain union rules),\nshall have effect only in relation to breaches which take place (or, in the case of threatened breaches, are threatened) on or after 27th July 1999, and subject to sub-paragraph (4).\n(4) If, before 25th October 1999, a person has applied to the court in relation to—\n(a) an alleged breach of section 71 of the 1992 Act, or\n(b) an alleged breach or threatened breach of the rules of a trade union relating to any of the matters mentioned in section 108A(2) of the 1992 Act (inserted by paragraph 19 of Schedule 6 to the Act),\nhe may not apply to the Certification Officer in relation to that breach or threatened breach.\n(5) The Certification Officer shall, as soon as practicable after 31st March 2000, make to the Secretary of State a report of his activities during the period beginning on 1st January 1999 and ending with 31st March 2000; and the amendment to section 258(1) of the 1992 Act made by paragraph 24 of Schedule 6 to the Act (annual report to the Secretary of State) has effect subject to this sub-paragraph.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/2830/schedule/3/paragraph/5",
    "retrieved_at": "2026-10-29T09:43:42.686351+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}