An individual who is an actual or prospective party to proceedings to which this Chapter applies may apply to the Commissioner for the Rights of Trade Union Members (in this Chapter referred to as "the Commissioner") for assistance in relation to the proceedings, and the Commissioner shall, as soon as reasonably practicable after receiving the application, consider it and decide whether and to what extent to grant it.
The matters to which the Commissioner may have regard in determining whether, and to what extent, to grant an application include—
In the case of an application made by virtue of section 109(1)(c), (e) or (h) (failure to maintain register of members or to comply with requirements as to election or political ballot), if—
the Commissioner shall grant the application to the extent he considers necessary for securing that, so far as reasonably practicable, all the steps he considers appropriate (including, where appropriate, the holding of another ballot or election) are taken by the trade union for the purpose of remedying the declared failure and of ensuring that a failure of the same or a similar kind does not occur in future.
The Commissioner shall not grant an application made by virtue of section 109(2) (proceedings arising out of breach of rules) unless it appears to him—
If the Commissioner decides not to provide assistance, he shall, as soon as reasonably practicable after making the decision, notify the applicant of his decision and, if he thinks fit, of the reasons for it.