Section 37E: Sections 37A and 37B: supplementary., Trade Union and Labour Relations (Consolidation) Act 1992

Where—

a report of the auditor or auditors of a trade union, or a branch or section of a trade union, on the accounts audited by him or them and contained in the annual return of the union, or branch or section—

does not state without qualification that the accounts give a true and fair view of the matters to which they relate, or

includes a statement in compliance with section 36(4), or

a member of a trade union has complained to the Certification Officer that there are circumstances suggesting any of the states of affairs specified in section 37B(2)(a) to (d),

the Certification Officer shall consider whether it is appropriate for him to exercise any of the powers conferred on him by sections 37A and 37B.

If in a case where a member of a trade union has complained as mentioned in subsection (1)(b) the Certification Officer decides not to exercise any of the powers conferred by those sections he shall, as soon as reasonably practicable after making a decision not to do so, notify the member of his decision and, if he thinks fit, of the reasons for it.

Nothing in section 37A or 37B—

requires or authorises anyone to require the disclosure by a person of information which he would in an action in the High Court or the Court of Session be entitled to refuse to disclose on grounds of legal professional privilege except, if he is a lawyer, the name and address of his client, or

requires or authorises anyone to require the production by a person of a document which he would in such an action be entitled to refuse to produce on such grounds.

Nothing in section 37A or 37B requires or authorises anyone to require the disclosure of information or the production of documents in respect of which the person to whom the requirement would relate owes an obligation of confidence by virtue of carrying on the business of banking unless—

the person to whom the obligation is owed is the trade union, or any branch or section of the union, concerned or a trustee of any fund concerned, or

the person to whom the obligation of confidence is owed consents to the disclosure or production.

In sections 37A and 37B and this section—

references to documents include information recorded in any form, and

in relation to information recorded otherwise than in legible form, references to its production are to the production of a copy of the information in legible form.

Section 37E: Sections 37A and 37B: supplementary.

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