Section 84A — Trade Union and Labour Relations (Consolidation) Act 1992: Opt-out information notices

Opt-out information notices 84A 1 A trade union must give an opt-out information notice to each member of the union—

a within the period of eight weeks beginning with the day after the day on which a political resolution is passed by the members of the union under section 73, and b within the period of eight weeks beginning with the end of—

i the period of ten years beginning with the day on which a political resolution is passed, and ii each successive period of ten years, unless during that period of ten years the political resolution is rescinded or otherwise ceases to have effect.

2 An “opt-out information notice” is a notice stating that—

a each member of the union has the right not to be a contributor to the political fund of the union, and b a member may exercise that right by giving an opt-out notice under section 84.

3 An opt-out information notice must be given in accordance with rules of the union approved for the purpose by the Certification Officer.

4 In deciding whether to approve those rules, the Certification Officer must have regard in each case to the existing practice and character of the union.

5 As soon as is reasonably practicable after the end of any period of eight weeks within which an opt-out information notice must be given, a trade union must send to the Certification Officer a copy of—

a the opt-out information notice, or b if there is more than one form of opt-out information notice, each form of notice.

6 A member of a trade union who claims that the union has failed to comply with this section may complain to the Certification Officer.

7 Where the Certification Officer is satisfied on a complaint under subsection (6) that a trade union has failed to comply with this section, the Officer may make such order for remedying the failure as the Officer thinks just under the circumstances.

8 Before deciding the matter the Certification Officer—

a may make such enquiries as the Officer thinks fit;

b must give the union and the member making the complaint an opportunity to make written representations;

c may give the union and the member making the complaint an opportunity to make oral representations.

9 An order made by the Certification Officer under this section may be enforced by the Certification Officer in the same way as an order of the court.