First Previous (TRADE UNION ACT, 1975)

4 1975



Provisions Supplemental to section 10

Section 10 (8).

1. On a complaint made under section 10 the Registrar may—

(a) require the attendance of the complainant or of any officer of the trade union and may, on the application of the complainant or any such officer, require the attendance of any person as a witness;

(b) require the production of any documents relating to the matters complained of;

(c) administer oaths and take affirmations and require the complainant, any officer of the trade union or any person attending as a witness to be examined on oath or affirmation;

(d) grant to the complainant or to any officer of the trade union such discovery as to documents and otherwise, or such inspection of documents, as might be granted by the High Court;

(e) order the whole or any part of the expenses of hearing the complaint, as certified by him, to be paid either out of the funds of the trade union or by the complainant; and

(f) order the trade union to pay to the complainant out of the funds of the union, or the complainant to pay to the union, either a specified sum in respect of the costs incurred by the complainant or the union (as the case may be) or the taxed amount of those costs.

2. A person who, on the application of any person, is required to attend before the Registrar as a witness in proceedings on a complaint under section 10 shall be entitled to be paid by the person on whose application he is so required—

(a) such sum in respect of loss of time and travelling expenses as he would be entitled to on being served with a summons to attend as a witness in the High Court, and

(b) if he duly attends, a sum equal to any further allowances to which he would be entitled if attending as a witness in proceedings in the High Court.

3. (1) Subject to subparagraph (2) of this paragraph, if any person without reasonable excuse fails or refuses to comply with a requisition of the Registrar under paragraph 1 (a) to 1 (c) of this Schedule or any order of the Registrar made in pursuance of paragraph 1 (d) of this Schedule, he shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

(2) A person shall not be convicted of an offence under this paragraph by reason of failure or refusal on his part to comply with a requisition to attend as a witness before the Registrar unless any sum to which he is entitled under paragraph 2 (a) of this Schedule has been paid or tendered.

(3) Any costs required by an order under paragraph 1 (f) of this Schedule to be taxed may be taxed in the High Court according to the scale prescribed by rules of that court for proceedings in that court as may be directed by the order or, if the order gives no direction, by that court.

(4) Any sum payable by virtue of an order under paragraph 1 (e) or 1 (f) of this Schedule shall, if the High Court so orders, be recoverable by execution issued from that court or otherwise as if payable under an order of that court.