Section 37B — Trade Union and Labour Relations (Consolidation) Act 1992: Investigations by inspectors.

Investigations by inspectors. 37B 1 The Certification Officer may appoint one or more members of his staff or other persons as an inspector or inspectors to investigate the financial affairs of a trade union and to report on them in such manner as he may direct.

2 The Certification Officer may only make such an appointment if it appears to him that there are circumstances suggesting—

a that the financial affairs of the trade union are being or have been conducted for a fraudulent or unlawful purpose, b that persons concerned with the management of those financial affairs have, in connection with that management, been guilty of fraud, misfeasance or other misconduct, c that the trade union has failed to comply with any duty imposed on it by this Act in relation to its financial affairs, or d that a rule of the union relating to its financial affairs has not been complied with.

3 Where an inspector is, or inspectors are, appointed under this section it is the duty of all persons who are or have been officials or agents of the trade union—

a to produce to the inspector or inspectors all relevant documents which are in their possession, b to attend before the inspector or inspectors when required to do so, and c otherwise to give the inspector or inspectors all assistance in connection with the investigation which they are reasonably able to give.

4 Where any person (whether or not within subsection (3)) appears to the inspector or inspectors to be in possession of information relating to a matter which he considers, or they consider, to be relevant to the investigation, the inspector or inspectors may require him—

a to produce to the inspector or inspectors any relevant documents relating to that matter, b to attend before the inspector or inspectors, and c otherwise to give the inspector or inspectors all assistance in connection with the investigation which he is reasonably able to give;

and it is the duty of the person to comply with the requirement.

5 In subsections (3) and (4) “ relevant documents ”, in relation to an investigation of the financial affairs of a trade union, means accounting documents, and documents of any other description, which may be relevant to the investigation.

6 A person shall not be excused from providing an explanation or making a statement in compliance with subsection (3) or a requirement imposed under subsection (4) on the ground that to do so would tend to expose him to proceedings for an offence; but an explanation so provided or statement so made may only be used in evidence against the person by whom it is provided or made—

a on a prosecution for an offence under section 45(9) (false explanations and statements), or b on a prosecution for some other offence where in giving evidence the person makes a statement inconsistent with it.