Section 54 Remedy for failure to comply with requirements: general.

England, Wales and Scotland

F1(1)

A person alleging a failure on the part of a trade union to comply with any of the requirements of this Chapter may apply for—

(a)

a declaration under section 55 (by the Certification Officer), or

(b)

a declaration under section 56 (by the court);

F2...

(2)

F3An application for a declaration under section 55 or 56 may be made only—

(a)

by a person who is a member of the trade union (provided, where the election has been held, he was also a member at the time when it was held), or

(b)

by a person who is or was a candidate at the election;

and the references in those sections to a person having a sufficient interest are to such a person.

(3)

F4Where an election has been held, no application under those sections with respect to that election may be made after the end of the period of one year beginning with the day on which the union announced the result of the election.

Annotations

Textual amendments

F1: S. 54(1) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 2(2); S.I. 2021/1373, reg. 4(b) (with reg. 8)
F2: Words in s. 54(1) omitted (18.2.2026) by virtue of Employment Rights Act 2025 (c. 36), ss. 83(3), 159(2)(o) (with transitional provisions and savings in S.I. 2026/3, Sch. 2 para. 16)
F3: Words in s. 54(2) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 2(3); S.I. 2021/1373, reg. 4(b) (with reg. 8)
F4: Words in s. 54(3) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 5; S.I. 2005/872, art. 4, Sch. (with arts. 6-21)