Commentary on provisions of Act Section 20: Power to impose levy
The finance and support services necessary for the performance of the Certification Officer's statutory duties are provided by  A CAS (see section 254(5) and (5A) of the 1992 Act). ACAS is an independent Crown Executive non-departmental public body funded by the Department for Business, Innovation and Skills (and also charges to recover the cost of some of its service).
	This section provides for a levy to be introduced to cover the Certification Officer's costs from those organisations that the Certification Officer regulates.
	Subsection (1) inserts a new section 257A into the 1992 Act.
	Subsection (1) of that new section gives the Secretary of State the power to make affirmative (see new subsection (9)) regulations to provide for trade unions and employers’ associations to pay a levy to the Certification Officer.
	Those regulations must require that the Certification Officer aims to ensure that the amounts raised are not more than required to cover the expenses of the Certifications Officer's functions.
	What counts as the expenses of the functions of the Certification Officer may be determined by regulations and those regulations may also provide for the Certification Officer to determine any levy amount by a number of criteria, including: the membership size or income of the organisation, the type of organisation and the different proportion of the Certification Officer’s expenses which relate to his functions in respect of those organisations.
	The Regulations may provide flexibility by allowing the levy not to be payable, or for a reduced amount to be payable, in certain cases. They may also provide for interest to be charged if the levy payment is late and gives the Certification Officer power to recover any amount owed.
	The Secretary of State must consult relevant organisations and ACAS before making regulations under new section 257A.
	Subsection (2) amends section 258 of the 1992 Act so that the Certification Officer's annual report to Parliament must include detail on the amounts levied under new section 257A and how those amounts were determined.