Section 4 †Complaints to Registrar as regards passing of resolution.C1
England, Wales and Scotland
A member of a trade union which passes or purports to pass a resolution approving an instrument of amalgamation or transfer may complain to the F1Certification Officeron one or more of the following grounds, that is—
that the manner in which the vote on the resolution was taken did not satisfy the conditions specified in section 1(2) of this Act; or
where that vote was taken under arrangements made under section 2(2) of this Act, that the manner in which it was taken was not in accordance with the arrangements; or
where that vote was taken under provisions in the rules of the union, that the manner in which it was taken was not in accordance with those rules; or
That the votes recorded did not have the effect of passing the resolution.
A complaint under this section may be made at any time before, but shall not be made after, the expiration of a period of six weeks beginning with the date on which an application for registration of the instrument of amalgamation or transfer is sent to the Certification Officer; and where a complaint is made under this section, the Certification Officer shall not register the instrument under this Act before the complaint is finally determined.
Where a complaint is made under this section the Certification Officer may either dismiss it or, if after giving the complainant and the trade union an opportunity of being heard he finds the complaint to be justified, may either—
so declare, but make no order under this subsection thereon, or
make an order specifying the steps which must be taken before he will entertain any application to register the instrument of amalgamation or transfer, as the case may be.
It shall be the duty of the Certification Officer to furnish a statement, either written or oral, of the reasons for any decision which he gives on a complaint under this section.
The Certification Officer may from time to time by order vary any order made under subsection (3) of this section, and after making an order under that subsection in relation to an instrument of amalgamation or transfer shall not entertain any application to register that instrument unless he is satisfied that the steps specified in the order (or, where the order has been varied, in the order as varied) have been taken.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Subject to subsection (8) of this section, the validity of a resolution approving an instrument of amalgamation or transfer shall not be questioned in any legal proceedings whatsoever (except proceedings before the Certification Officer under this section or any proceedings arising out of such proceedings) on any ground on which a complaint could be, or could have been, made to the Certification Officer under this section.
An appeal shall lie, in accordance with F4section 136(2) of the M1Employment Protection (Consolidation) Act 1978, at the instance of the complainant or the trade union to the Employment Appeal Tribunal on any question of law arising in any proceedings before, or arising from any decision of, the Certification Officer under this section.
It is hereby declared that the M2Arbitration Act 1950 does not apply to proceedings on a complaint under this section.
For the purposes of this section a complaint which is withdrawn shall be deemed to be finally determined at the time when it is withdrawn.
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Annotations
Textual amendments
- F1
Words substituted by Employment Protection Act 1975 (c. 71), Sch. 16 Pt. IV para. 10(2)
- F2
S. 4(6) repealed by Employment Act 1988 (c. 19, SIF 43:5), s. 33(2), Sch. 4
- F3
S. 4(8) substituted by Trade Union and Labour Relations Act 1974 (c. 52), Sch. 3 para. 10(3)
- F4
Words substituted by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 16 para. 5
- F5
S. 4(11) repealed by Industrial Relations Act 1971 (c. 72), Sch. 9
Marginal citations
- M1
- M2
Modifications
- C1
Unreliable marginal note
Notes on the whole Act
Textual amendments
- F1
Act repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1