Commentary on provisions of Act Schedule 1: Certification Officer: Investigatory Powers
This Schedule inserts a new Schedule A3 into the 1992 Act.
	Paragraph 1(1) of the new Schedule specifies a number of "relevant obligations". The provisions of the Schedule enable the Certification Officer to use his new investigatory powers to determine whether or not there has been compliance with those obligations. The list includes obligations relating to the use of union funds for political purposes.
	The investigatory powers provided by the Schedule also extend to the Certification Officer’s role in relation to unincorporated employers’ associations in so far as the obligations in sub-paragraphs 1 (d) to (g) of the new Schedule apply to them.
	Paragraph 2 of the new Schedule A3 gives the Certification Officer power to direct a trade union (or branch or section) to produce documents in connection with an investigation, which the Certification Officer thinks might be relevant to an investigation of non-compliance with a relevant obligation.
	Paragraph 3 of the new Schedule enables the Certification Officer to appoint an inspector where the Certification Officer has reasonable grounds to suspect that a trade union has failed to comply with a relevant obligation, and provides that the inspectors may require people to assist with the investigation and produce any documents that the inspector considers may be relevant to whether the union has complied with its duties. This paragraph also sets out the circumstances where disclosure of a member’s name or address is permitted (i.e. where the member consents or for the purpose of allowing the Certification Officer, an inspector, or an assurer to carry out their functions or where such disclosure is required to investigate a crime or for criminal proceedings).
	Paragraph 4 of the new Schedule sets out the arrangements for the inspector to provide written reports to the Certification Officer.
	Paragraph 5 of the new Schedule allows the Certification Officer to make an enforcement order where the Certification Officer is satisfied that a trade union has not complied with the requirements imposed under paragraphs 2 or 3 (power to require production of documents etc. and investigation by inspectors). The enforcement order may require a union or person to comply with any requirement to produce documents, to supply information or to cooperate with inspectors. Such enforcement orders may be enforced in the same way as an order of the High Court or, in Scotland the Court of Session. Before making such an order the Certification Officer must give the union or any other person an opportunity to be heard. The Certification Officer can only make the order if satisfied that it is reasonably practicable for the union or person to comply with the duty and, where the order is for the production of documents, if the Certification Officer is satisfied that the documents are in the possession of that union or person.
	Paragraph 6 contains limitations on the duties of disclosure contained in the Schedule, including on information subject to legal professional privilege (or, in Scotland, confidentiality of communications: see the amendment made by paragraph 14 of Schedule 4).