Commentary Part 5: the Certification Officer Sections 48 and 49
334.The Certification Officer (“CO”) is an independent statutory officer established under the Employment Protection Act 1975. His functions (prior to the 1999 Act) included:
	maintaining lists of trade unions’ and employers’ associations;
	the auditing of accounts;
	annual returns;
	financial affairs;
	overseeing the political funds of trade unions;
	ensuring observance of statutory requirements governing mergers between trade unions;
	certifying the independence of trade unions;
	determining complaints concerning trade union elections.
335.The 1999 Act enlarged the CO’s role, most significantly by giving him the power to determine certain complaints from trade union members on alleged breaches of trade union law or trade union rules. The enlargement of the CO’s role means that he can effectively serve as an alternative to courts as a means of resolving disputes. The law does however place some requirements on complainants to use internal procedures before going to the CO.
336.The 1999 Act also gave the CO the power to refuse to hear complaints made by individuals whom the courts or the EAT had categorised as “vexatious litigants”.
337.Section 48 provides the CO with a new power to strike out weak, vexatious or misconceived cases while section 49 widens the power of the Employment Appeal Tribunal (EAT), on application from the Attorney General or the Lord Advocate, to place “restriction of proceedings” orders on vexatious litigants by enabling the EAT to take into account complaints made to the CO; the section also extends the effect of such orders to proceedings before the CO.