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Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

(The document as of February, 2008)

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Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1992 CHAPTER 52

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Trade Unions

    1. Chapter I

      Introductory

      1. Meaning of "trade union"

        1. 1. Meaning of "trade union".

      2. The list of trade unions

        1. 2. The list of trade unions.

        2. 3. Application to have name entered in the list.

        3. 4. Removal of name from the list.

      3. Certification as independent trade union

        1. 5. Meaning of "independent trade union".

        2. 6. Application for certificate of independence.

        3. 7. Withdrawal or cancellation of certificate.

        4. 8. Conclusive effect of Certification Officer's decision.

      4. Supplementary

        1. 9. Appeal against decision of Certification Officer.

    2. Chapter II

      Status and property of trade unions

      1. General

        1. 10. Quasi-corporate status of trade unions.

        2. 11. Exclusion of common law rules as to restraint of trade.

      2. Property of trade union

        1. 12. Property to be vested in trustees.

        2. 13. Vesting of property in new trustees.

        3. 14. Transfer of securities held in trust for trade union.

        4. 15. Prohibition on use of funds to indemnify unlawful conduct.

        5. 16. Remedy against trustees for unlawful use of union property.

        6. 17. Nominations by members of trade unions.

        7. 18. Payments out of union funds on death of member.

        8. 19. Application of certain provisions relating to industrial assurance or friendly societies.

      3. Liability of trade unions in proceedings in tort

        1. 20. Liability of trade union in certain proceedings in tort.

        2. 21. Repudiation by union of certain acts.

        3. 22. Limit on damages awarded against trade unions in actions in tort.

      4. Restriction on enforcement against certain property

        1. 23. Restriction on enforcement of awards against certain property.

    3. Chapter III

      Trade union administration

      1. Register of members' names and addresses

        1. 24. Duty to maintain register of members' names and addresses.

        2. 25. Remedy for failure: application to Certification Officer.

        3. 26. Remedy for failure: application to court.

      2. Duty to supply copy of rules

        1. 27. Duty to supply copy of rules.

      3. Accounting records

        1. 28. Duty to keep accounting records.

        2. 29. Duty to keep records available for inspection.

        3. 30. Right of access to accounting records.

        4. 31. Remedy for failure to comply with request for access.

      4. Annual return, accounts and audit

        1. 32. Annual return.

        2. 33. Duty to appoint auditors.

        3. 34. Eligibility for appointment as auditor.

        4. 35. Appointment and removal of auditors.

        5. 36. Auditors' report.

        6. 37. Rights of auditors.

      5. Members' superannuation schemes

        1. 38. Members' superannuation schemes: separate fund to be maintained.

        2. 39. Examination of proposals for new scheme.

        3. 40. Periodical re-examination of existing schemes.

        4. 41. Powers of the Certification Officer.

        5. 42. Meaning of "appropriately qualified actuary".

      6. Supplementary

        1. 43. Newly-formed trade unions.

        2. 44. Discharge of duties in case of union having branches or sections.

        3. 45. Offences.

    4. Chapter IV

      Elections for certain positions

      1. Duty to hold elections

        1. 46. Duty to hold elections for certain positions.

      2. Requirements to be satisfied with respect to elections

        1. 47. Candidates.

        2. 48. Election addresses.

        3. 49. Appointment of independent scrutineer.

        4. 50. Entitlement to vote.

        5. 51. Voting.

        6. 52. Scrutineer's report.

        7. 53. Uncontested elections.

      3. Remedy for failure to comply with requirements

        1. 54. Remedy for failure to comply with requirements: general.

        2. 55. Application to Certification Officer.

        3. 56. Application to court.

      4. Supplementary

        1. 57. Exemption of newly-formed trade unions, &c.

        2. 58. Exemption of certain persons nearing retirement.

        3. 59. Period for giving effect to election.

        4. 60. Overseas members.

        5. 61. Other supplementary provisions.

    5. Chapter V

      Rights of trade union members

      1. Right to a ballot before industrial action

        1. 62. Right to a ballot before industrial action.

      2. Right not to be denied access to the courts

        1. 63. Right not to be denied access to the courts.

      3. Right not to be unjustifiably disciplined

        1. 64. Right not to be unjustifiably disciplined.

        2. 65. Meaning of "unjustifiably disciplined".

        3. 66. Complaint of infringement of right.

        4. 67. Further remedies for infringement of right.

      4. Right to require employer to stop deduction of union dues

        1. 68. Right to require employer to stop deductions of union dues.

      5. Right to terminate membership of union

        1. 69. Right to terminate membership of union.

      6. Supplementary

        1. 70. Membership of constituent or affiliated organisation.

    6. Chapter VI

      Application of funds for political objects

      1. Restriction on use of funds for certain political objects

        1. 71. Restriction on use of funds for political objects.

        2. 72. Political objects to which restriction applies.

      2. Political resolution

        1. 73. Passing and effect of political resolution.

        2. 74. Approval of political ballot rules.

        3. 75. Appointment of independent scrutineer.

        4. 76. Entitlement to vote.

        5. 77. Voting.

        6. 78. Scrutineer's report.

        7. 79. Remedy for failure to comply with ballot rules: general.

        8. 80. Application to Certification Officer.

        9. 81. Application to court.

      3. The political fund

        1. 82. Rules as to political fund.

        2. 83. Assets and liabilities of political fund.

        3. 84. Notice of objection to contributing to political fund.

        4. 85. Manner of giving effect to exemptions.

      4. Duties of employer who deducts union contributions.

        1. 86. Certificate of exemption or objection to contributing to political fund.

        2. 87. Application to court in respect of employer's failure.

        3. 88. Application of provisions of Wages Act 1986.

      5. Position where political resolution ceases to have effect

        1. 89. Administration of political fund where no resolution in force.

        2. 90. Discontinuance of contributions to political fund.

        3. 91. Rules to cease to have effect.

      6. Supplementary

        1. 92. Manner of making union rules.

        2. 93. Effect of amalgamation.

        3. 94. Overseas members of trade union.

        4. 95. Appeals from Certification Officer.

        5. 96. Meaning of "date of the ballot".

    7. Chapter VII

      Amalgamations and similar matters

      1. Amalgamation or transfer of engagements

        1. 97. Amalgamation or transfer of engagements.

        2. 98. Approval of instrument of amalgamation or transfer.

        3. 99. Notice to be given to members.

        4. 100. Resolution approving instrument of amalgamation or transfer.

        5. 101. Registration of instrument of amalgamation or transfer.

        6. 102. Power to alter rules of transferee union for purposes of transfer.

        7. 103. Complaints as regards passing of resolution.

        8. 104. Appeal from decision of Certification Officer.

        9. 105. Transfer of property on amalgamation or transfer.

        10. 106. Amalgamation or transfer involving Northern Ireland union.

      2. Change of name

        1. 107. Change of name of trade union.

      3. Supplementary

        1. 108. General power to make regulations.

    8. Chapter VIII

      Assistance for certain legal proceedings

      1. 109. Proceedings in relation to which assistance may be provided.

      2. 110. Application for assistance: its consideration.

      3. 111. Provision of assistance.

      4. 112. Title of proceedings where assistance provided.

      5. 113. Recovery of sums paid in case of fraud.

      6. 114. Supplementary provisions.

    9. Chapter IX

      Miscellaneous and general provisions

      1. Further provisions with respect to ballots

        1. 115. Payments towards expenditure in connection with secret ballots.

        2. 116. Use of employer's premises for secret ballot.

      2. Exceptions and adaptations for certain bodies

        1. 117. Special register bodies.

        2. 118. Federated trade unions.

      3. Interpretation

        1. 119. Expressions relating to trade unions.

        2. 120. Northern Ireland unions.

        3. 121. Meaning of "the court".

  2. Part II

    Employers' Associations

    1. Introductory

      1. 122. Meaning of "employers' association".

    2. The list of employers' associations

      1. 123. The list of employers' associations.

      2. 124. Application to have name entered in the list.

      3. 125. Removal of name from the list.

      4. 126. Appeal against decision of Certification Officer.

    3. Status and property of employers' associations

      1. 127. Corporate or quasi-corporate status of employers' associations.

      2. 128. Exclusion of common law rules as to restraint of trade.

      3. 129. Property of unincorporated employers' associations, &c.

      4. 130. Restriction on enforcement of awards against certain property.

    4. Administration of employers' associations

      1. 131. Administrative provisions applying to employers' associations.

    5. Application of funds for political objects

      1. 132. Application of funds for political objects.

    6. Amalgamations and similar matters

      1. 133. Amalgamations and transfers of engagements.

      2. 134. Change of name of employers' association.

    7. General

      1. 135. Federated employers' associations.

      2. 136. Meaning of "officer" of employers' association.

  3. Part III

    Rights in relation to union membership and activities

    1. Access to employment

      1. 137. Refusal of employment on grounds related to union membership.

      2. 138. Refusal of service of employment agency on grounds related to union membership.

      3. 139. Time limit for proceedings.

      4. 140. Remedies.

      5. 141. Complaint against employer and employment agency.

      6. 142. Awards against third parties.

      7. 143. Interpretation and other supplementary provisions.

    2. Contracts for supply of goods or services

      1. 144. Union membership requirement in contract for goods or services void.

      2. 145. Refusal to deal on union membership grounds prohibited.

    3. Action short of dismissal

      1. 146. Action short of dismissal on grounds related to union membership or activities.

      2. 147. Time limit for proceedings.

      3. 148. Consideration of complaint.

      4. 149. Remedies.

      5. 150. Awards against third parties.

      6. 151. Interpretation and other supplementary provisions.

    4. Dismissal

      1. 152. Dismissal on grounds related to union membership or activities.

      2. 153. Selection for redundancy on grounds related to union membership or activities.

      3. 154. Exclusion of requirement as to qualifying period, &c.

      4. 155. Matters to be disregarded in assessing contributory fault.

      5. 156. Minimum basic award.

      6. 157. Special award of compensation.

      7. 158. Amount of special award.

      8. 159. Power to increase sums by order.

      9. 160. Awards against third parties.

      10. 161. Application for interim relief.

      11. 162. Application to be promptly determined.

      12. 163. Procedure on hearing of application and making of order.

      13. 164. Order for continuation of contract of employment.

      14. 165. Application for variation or revocation of order.

      15. 166. Consequences of failure to comply with order.

      16. 175. Time limit for proceedings.

      17. 176. Remedies.

      18. 177. Interpretation and other supplementary provisions.

  4. Part IV

    Industrial Relations

    1. Chapter I

      Collective bargaining

      1. Introductory

        1. 178. Collective agreements and collective bargaining.

      2. Enforceability of collective agreements

        1. 179. Whether agreement intended to be a legally enforceable contract.

        2. 180. Effect of provisions restricting right to take industrial action.

      3. Disclosure of information for purposes of collective bargaining

        1. 181. General duty of employers to disclose information.

        2. 182. Restrictions on general duty.

        3. 183. Complaint of failure to disclose information.

        4. 184. Further complaint of failure to comply with declaration.

        5. 185. Determination of claim and award.

      4. Prohibition of union recognition requirements

        1. 186. Recognition requirement in contract for goods or services void.

        2. 187. Refusal to deal on grounds of union exclusion prohibited.

    2. Chapter II

      Procedure for Handling Redundancies

      1. Duty of employer to consult trade union representatives

        1. 188. Duty of employer to consult trade union representatives.

        2. 189. Complaint by trade union and protective award.

        3. 190. Entitlement under protective award.

        4. 191. Termination of employment during protected period.

        5. 192. Complaint by employee to industrial tribunal.

      2. Duty of employer to notify Secretary of State

        1. 193. Duty of employer to notify Secretary of State of certain redundancies.

        2. 194. Offence of failure to notify.

      3. Supplementary provisions

        1. 195. Meaning of "redundancy".

        2. 196. Meaning of "trade union representative".

        3. 197. Power to vary provisions.

        4. 198. Power to adapt provisions in case of collective agreement.

    3. Chapter III

      Codes of Practice

      1. Codes of Practice issued by ACAS

        1. 199. Issue of Codes of Practice by ACAS.

        2. 200. Procedure for issue of Code by ACAS.

        3. 201. Consequential revision of Code issued by ACAS.

        4. 202. Revocation of Code issued by ACAS.

      2. Codes of Practice issued by the Secretary of State

        1. 203. Issue of Codes of Practice by the Secretary of State.

        2. 204. Procedure for issue of Code by Secretary of State.

        3. 205. Consequential revision of Code issued by Secretary of State.

        4. 206. Revocation of Code issued by Secretary of State.

      3. Supplementary provisions

        1. 207. Effect of failure to comply with Code.

        2. 208. Provisions of earlier Code superseded by later.

    4. Chapter IV

      General

      1. Functions of ACAS

        1. 209. General duty to promote improvement of industrial relations.

        2. 210. Conciliation.

        3. 211. Conciliation officers.

        4. 212. Arbitration.

        5. 213. Advice.

        6. 214. Inquiry.

      2. Courts of inquiry

        1. 215. Inquiry and report by court of inquiry.

        2. 216. Constitution and proceedings of court of inquiry.

      3. Supplementary provisions

        1. 217. Exclusion of power of arbiter to state case to Court of Session.

        2. 218. Meaning of "trade dispute" in Part IV.

  5. Part V

    Industrial action

    1. Protection of acts in contemplation or furtherance of trade dispute

      1. 219. Protection from certain tort liabilities.

      2. 220. Peaceful picketing.

      3. 221. Restrictions on grant of injunctions and interdicts.

    2. Action excluded from protection

      1. 222. Action to enforce trade union membership.

      2. 223. Action taken because of dismissal for taking unofficial action.

      3. 224. Secondary action.

      4. 225. Pressure to impose union recognition requirement.

    3. Requirement of ballot before action by trade union

      1. 226. Requirement of ballot before action by trade union.

      2. 227. Entitlement to vote in ballot.

      3. 228. Separate workplace ballots.

      4. 229. Voting paper.

      5. 230. Conduct of ballot.

      6. 231. Information as to result of ballot.

      7. 232. Balloting of overseas members.

      8. 233. Calling of industrial action with support of ballot.

      9. 234. Period after which ballot ceases to be effective.

      10. 235. Construction of references to contract of employment.

    4. No compulsion to work

      1. 236. No compulsion to work.

    5. Loss of unfair dismissal protection

      1. 237. Dismissal of those taking part in unofficial industrial action.

      2. 238. Dismissals in connection with other industrial action.

      3. 239. Supplementary provisions relating to unfair dismissal.

    6. Criminal offences

      1. 240. Breach of contract involving injury to persons or property.

      2. 241. Intimidation or annoyance by violence or otherwise.

      3. 242. Restriction of offence of conspiracy: England and Wales.

      4. 243. Restriction of offence of conspiracy: Scotland.

    7. Supplementary

      1. 244. Meaning of "trade dispute" in Part V.

      2. 245. Crown employees and contracts.

      3. 246. Minor definitions.

  6. Part VI

    Administrative provisions

    1. ACAS

      1. 247. ACAS.

      2. 248. The Council of ACAS.

      3. 249. Terms of appointment of members of Council.

      4. 250. Remuneration, &c. of members of Council.

      5. 251. Secretary, officers and staff of ACAS.

      6. 252. General financial provisions.

      7. 253. Annual report and accounts.

    2. The Certification Officer

      1. 254. The Certification Officer.

      2. 255. Remuneration, &c. of Certification Officer and assistants.

      3. 256. Procedure before the Certification Officer.

      4. 257. Custody of documents submitted under earlier legislation.

      5. 258. Annual report and accounts.

    3. Central Arbitration Committee

      1. 259. The Central Arbitration Committee.

      2. 260. The members of the Committee.

      3. 261. Terms of appointment of members of Committee.

      4. 262. Remuneration, &c. of members of Committee.

      5. 263. Proceedings of the Committee.

      6. 264. Awards of the Committee.

      7. 265. Annual report and accounts.

    4. The Commissioner for the Rights of Trade Union Members

      1. 266. The Commissioner.

      2. 267. Terms of appointment of Commissioner.

      3. 268. Remuneration, pension, &c.

      4. 269. Staff of the Commissioner.

      5. 270. Financial provisions.

      6. 271. Annual report and accounts.

    5. Supplementary

      1. 272. Meaning of "financial year".

  7. Part VII

    Miscellaneous and general

    1. Crown employment, etc.

      1. 273. Crown employment.

      2. 274. Armed forces.

      3. 275. Exemption on grounds of national security.

      4. 276. Further provision as to Crown application.

    2. House of Lords and House of Commons staff

      1. 277. House of Lords staff.

      2. 278. House of Commons staff.

    3. Health service practitioners

      1. 279. Health service practitioners.

    4. Police service

      1. 280. Police service.

    5. Excluded classes of employment

      1. 281. Part-time employment.

      2. 282. Short-term employment.

      3. 283. Mariners.

      4. 284. Share fishermen.

      5. 285. Employment outside Great Britain.

      6. 286. Power to make further provision as to excluded classes of employment.

    6. Offshore employment

      1. 287. Offshore employment.

    7. Contracting out, &c.

      1. 288. Restriction on contracting out.

      2. 289. Employment governed by foreign law.

    8. Industrial tribunal proceedings

      1. 290. General provisions as to conciliation.

      2. 291. Right of appeal from industrial tribunal.

    9. Other supplementary provisions

      1. 292. Death of employee or employer.

      2. 293. Regulations.

      3. 294. Reciprocal arrangements with Northern Ireland.

    10. Interpretation

      1. 295. Meaning of "employee" and related expressions.

      2. 296. Meaning of "worker" and related expressions.

      3. 297. Associated employers.

      4. 298. Minor definitions: general.

      5. 299. Index of defined expressions.

    11. Final provisions

      1. 300. Repeals, consequential amendments, transitional provisions and savings.

      2. 301. Extent.

      3. 302. Commencement.

      4. 303. Short title.

  8. Schedules:

    1. Schedule 1

      Repeals.

    2. Schedule 2

      Consequential amendments.

    3. Schedule 3

      Transitional provisions and savings.

An Act to consolidate the enactments relating to collective labour relations, that is to say, to trade unions, employers' associations, industrial relations and industrial action.

[16th July 1992]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Trade Unions

Chapter I Introductory

Meaning of "trade union"

1 Meaning of "trade union"

In this Act a "trade union" means an organisation (whether temporary or permanent)--

(a) which consists wholly or mainly of workers of one or more descriptions and whose principal purposes include the regulation of relations between workers of that description or those descriptions and employers or employers' associations; or

(b) which consists wholly or mainly of--

(i) constituent or affiliated organisations which fulfil the conditions in paragraph (a) (or themselves consist wholly or mainly of constituent or affiliated organisations which fulfil those conditions), or

(ii) representatives of such constituent or affiliated organisations,

and whose principal purposes include the regulation of relations between workers and employers or between workers and employers' associations, or the regulation of relations between its constituent or affiliated organisations.



The list of trade unions

2 The list of trade unions

(1) The Certification Officer shall keep a list of trade unions containing the names of--

(a) the organisations whose names were, immediately before the commencement of this Act, duly entered in the list of trade unions kept by him under section 8 of the [1974 c. 52.] Trade Union and Labour Relations Act 1974, and

(b) the names of the organisations entitled to have their names entered in the list in accordance with this Part.

(2) The Certification Officer shall keep copies of the list of trade unions, as for the time being in force, available for public inspection at all reasonable hours free of charge.

(3) A copy of the list shall be included in his annual report.

(4) The fact that the name of an organisation is included in the list of trade unions is evidence (in Scotland, sufficient evidence) that the organisation is a trade union.

(5) On the application of an organisation whose name is included in the list, the Certification Officer shall issue it with a certificate to that effect.

(6) A document purporting to be such a certificate is evidence (in Scotland, sufficient evidence) that the name of the organisation is entered in the list.

3 Application to have name entered in the list

(1) An organisation of workers, whenever formed, whose name is not entered in the list of trade unions may apply to the Certification Officer to have its name entered in the list.

(2) The application shall be made in such form and manner as the Certification Officer may require and shall be accompanied by--

(a) a copy of the rules of the organisation,

(b) a list of its officers,

(c) the address of its head or main office, and

(d) the name under which it is or is to be known,

and by the prescribed fee.

(3) If the Certification Officer is satisfied--

(a) that the organisation is a trade union,

(b) that subsection (2) has been complied with, and

(c) that entry of the name in the list is not prohibited by subsection (4),

he shall enter the name of the organisation in the list of trade unions.

(4) The Certification Officer shall not enter the name of an organisation in the list of trade unions if the name is the same as that under which another organisation--

(a) was on 30th September 1971 registered as a trade union under the Trade Union Acts 1871 to 1964,

(b) was at any time registered as a trade union or employers' association under the [1971 c. 72.] Industrial Relations Act 1971, or

(c) is for the time being entered in the list of trade unions or in the list of employers' associations kept under Part II of this Act,

or if the name is one so nearly resembling any such name as to be likely to deceive the public.

4 Removal of name from the list

(1) If it appears to the Certification Officer, on application made to him or otherwise, that an organisation whose name is entered in the list of trade unions is not a trade union, he may remove its name from the list.

(2) He shall not do so without giving the organisation notice of his intention and considering any representations made to him by the organisation within such period (of not less than 28 days beginning with the date of the notice) as may be specified in the notice.

(3) The Certification Officer shall remove the name of an organisation from the list of trade unions if--

(a) he is requested by the organisation to do so, or

(b) he is satisfied that the organisation has ceased to exist.



Certification as independent trade union

5 Meaning of "independent trade union"

In this Act an "independent trade union" means a trade union which--

(a) is not under the domination or control of an employer or group of employers or of one or more employers' associations, and

(b) is not liable to interference by an employer or any such group or association (arising out of the provision of financial or material support or by any other means whatsoever) tending towards such control;

and references to "independence", in relation to a trade union, shall be construed accordingly.

6 Application for certificate of independence

(1) A trade union whose name is entered on the list of trade unions may apply to the Certification Officer for a certificate that it is independent.

The application shall be made in such form and manner as the Certification Officer may require and shall be accompanied by the prescribed fee.

(2) The Certification Officer shall maintain a record showing details of all applications made to him under this section and shall keep it available for public inspection (free of charge) at all reasonable hours.

(3) If an application is made by a trade union whose name is not entered on the list of trade unions, the Certification Officer shall refuse a certificate of independence and shall enter that refusal on the record.

(4) In any other case, he shall not come to a decision on the application before the end of the period of one month after it has been entered on the record; and before coming to his decision he shall make such enquiries as he thinks fit and shall take into account any relevant information submitted to him by any person.

(5) He shall then decide whether the applicant trade union is independent and shall enter his decision and the date of his decision on the record.

(6) If he decides that the trade union is independent he shall issue a certificate accordingly; and if he decides that it is not, he shall give reasons for his decision.

7 Withdrawal or cancellation of certificate

(1) The Certification Officer may withdraw a trade union's certificate of independence if he is of the opinion that the union is no longer independent.

(2) Where he proposes to do so he shall notify the trade union and enter notice of the proposal in the record.

(3) He shall not come to a decision on the proposal before the end of the period of one month after notice of it was entered on the record; and before coming to his decision he shall make such enquiries as he thinks fit and shall take into account any relevant information submitted to him by any person.

(4) He shall then decide whether the trade union is independent and shall enter his decision and the date of his decision on the record.

(5) He shall confirm or withdraw the certificate accordingly; and if he decides to withdraw it, he shall give reasons for his decision.

(6) Where the name of an organisation is removed from the list of trade unions, the Certification Officer shall cancel any certificate of independence in force in respect of that organisation by entering on the record the fact that the organisation's name has been removed from that list and that the certificate is accordingly cancelled.

8 Conclusive effect of Certification Officer's decision

(1) A certificate of independence which is in force is conclusive evidence for all purposes that a trade union is independent; and a refusal, withdrawal or cancellation of a certificate of independence, entered on the record, is conclusive evidence for all purposes that a trade union is not independent.

(2) A document purporting to be a certificate of independence and to be signed by the Certification Officer, or by a person authorised to act on his behalf, shall be taken to be such a certificate unless the contrary is proved.

(3) A document purporting to be a certified copy of an entry on the record and to be signed by the Certification Officer, or by a person authorised to act on his behalf, shall be taken to be a true copy of such an entry unless the contrary is proved.

(4) If in any proceedings before a court, the Employment Appeal Tribunal, the Central Arbitration Committee, ACAS or an industrial tribunal a question arises whether a trade union is independent and there is no certificate of independence in force and no refusal, withdrawal or cancellation of a certificate recorded in relation to that trade union--

(a) that question shall not be decided in those proceedings, and

(b) the proceedings shall instead be stayed or sisted until a certificate of independence has been issued or refused by the Certification Officer.

(5) The body before whom the proceedings are stayed or sisted may refer the question of the independence of the trade union to the Certificate Officer who shall proceed in accordance with section 6 as on an application by that trade union.



Supplementary

9 Appeal against decision of Certification Officer

(1) An organisation aggrieved by the refusal of the Certification Officer to enter its name in the list of trade unions, or by a decision of his to remove its name from the list, may appeal to the Employment Appeal Tribunal.

(2) A trade union aggrieved by the refusal of the Certification Officer to issue it with a certificate of independence, or by a decision of his to withdraw its certificate, may appeal to the Employment Appeal Tribunal.

(3) If on appeal the Tribunal is satisfied that the organisation's name should be or remain entered in the list or, as the case may be, that the certificate should be issued or should not be withdrawn, it shall declare that fact and give directions to the Certification Officer accordingly.

(4) The rights of appeal conferred by this section extend to any question of fact or law arising in the proceedings before, or arising from the decision of, the Certification Officer.



Chapter II Status and property of trade unions

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General

10 Quasi-corporate status of trade unions

(1) A trade union is not a body corporate but--

(a) it is capable of making contracts;

(b) it is capable of suing and being sued in its own name, whether in proceedings relating to property or founded on contract or tort or any other cause of action; and

(c) proceedings for an offence alleged to have been committed by it or on its behalf may be brought against it in its own name.

(2) A trade union shall not be treated as if it were a body corporate except to the extent authorised by the provisions of this Part.

(3) A trade union shall not be registered--

(a) as a company under the [1985 c. 9.] Companies Act 1985, or

(b) under the [1974 c. 46.] Friendly Societies Act 1974 or the [1965 c. 12.] Industrial and Provident Societies Act 1965;

and any such registration of a trade union (whenever effected) is void.

11 Exclusion of common law rules as to restraint of trade

(1) The purposes of a trade union are not, by reason only that they are in restraint of trade, unlawful so as--

(a) to make any member of the trade union liable to criminal proceedings for conspiracy or otherwise, or

(b) to make any agreement or trust void or voidable.

(2) No rule of a trade union is unlawful or unenforceable by reason only that it is in restraint of trade.



Property of trade union

12 Property to be vested in trustees

(1) All property belonging to a trade union shall be vested in trustees in trust for it.

(2) A judgment, order or award made in proceedings of any description brought against a trade union is enforceable, by way of execution, diligence, punishment for contempt or otherwise, against any property held in trust for it to the same extent and in the same manner as if it were a body corporate.

(3) Subsection (2) has effect subject to section 23 (restriction on enforcement of awards against certain property).

13 Vesting of property in new trustees

(1) The provisions of this section apply in relation to the appointment or discharge of trustees in whom any property is vested in trust for a trade union whose name is entered in the list of trade unions.

(2) In the following sections as they apply to such trustees references to a deed shall be construed as references to an instrument in writing--

(a) section 39 of the [1925 c. 19.] Trustee Act 1925 and section 38 of the [1958 c. 23 (N.I.).] Trustee Act (Northern Ireland) 1958 (retirement of trustee without a new appointment), and

(b) section 40 of the Trustee Act 1925 and section 39 of the Trustee Act (Northern Ireland) 1958 (vesting of trust property in new or continuing trustees).

(3) Where such a trustee is appointed or discharged by a resolution taken by or on behalf of the union, the written record of the resolution shall be treated for the purposes of those sections as an instrument in writing appointing or discharging the trustee.

(4) In section 40 of the Trustee Act 1925 and section 39 of the Trustee Act (Northern Ireland) 1958 as they apply to such trustees, paragraphs (a) and (c) of subsection (4) (which exclude certain property from the section) shall be omitted.

14 Transfer of securities held in trust for trade union

(1) In this section--

  • "instrument of appointment" means an instrument in writing appointing a new trustee of a trade union whose name is entered in the list of trade unions, and

  • "instrument of discharge" means an instrument in writing discharging a trustee of such a trade union;

and for the purposes of this section where a trustee is appointed or discharged by a resolution taken by or on behalf of such a trade union, the written record of the resolution shall be treated as an instrument in writing appointing or discharging the trustee.

(2) Where by any enactment or instrument the transfer of securities of any description is required to be effected or recorded by means of entries in a register, then if--

(a) there is produced to the person authorised or required to keep the register a copy of an instrument of appointment or discharge which contains or has attached to it a list identifying the securities of that description held in trust for the union at the date of the appointment or discharge, and

(b) it appears to that person that any of the securities so identified are included in the register kept by him,

he shall make such entries as may be necessary to give effect to the instrument of appointment or discharge.

This subsection has effect notwithstanding anything in any enactment or instrument regulating the keeping of the register.

(3) A document which purports to be a copy of an instrument of appointment or discharge containing or having attached to it such a list, and to be certified in accordance with the following subsection to be a copy of such an instrument, shall be taken to be a copy of such an instrument unless the contrary is proved.

(4) The certificate shall be given by the president and general secretary of the union and, in the case of an instrument to which a list of securities is attached, shall appear both on the instrument and on the list.

(5) Nothing done for the purposes of or in pursuance of this section shall be taken to affect any person with notice of any trust or to impose on any person a duty to inquire into any matter.

(6) In relation to a Scottish trust, references in this section to the appointment and discharge of a trustee shall be construed as including references to, respectively, the assumption and resignation of a trustee; and references to an instrument appointing or discharging a trustee shall be construed accordingly.

15 Prohibition on use of funds to indemnify unlawful conduct

(1) It is unlawful for property of a trade union to be applied in or towards--

(a) the payment for an individual of a penalty which has been or may be imposed on him for an offence or for contempt of court,

(b) the securing of any such payment, or

(c) the provision of anything for indemnifying an individual in respect of such a penalty.

(2) Where any property of a trade union is so applied for the benefit of an individual on whom a penalty has been or may be imposed, then--

(a) in the case of a payment, an amount equal to the payment is recoverable by the union from him, and

(b) in any other case, he is liable to account to the union for the value of the property applied.

(3) If a trade union fails to bring or continue proceedings which it is entitled by bring by virtue of subsection (2), a member of the union who claims that the failure is unreasonable may apply to the court on that ground for an order authorising him to bring or continue the proceedings on the union's behalf and at the union's expense.

(4) In this section "penalty", in relation to an offence, includes an order to pay compensation and an order for the forfeiture of any property; and references to the imposition of a penalty for an offence shall be construed accordingly.

(5) The Secretary of State may by order designate offences in relation to which the provisions of this section do not apply.

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) This section does not affect--

(a) any other enactment, any rule of law or any provision of the rules of a trade union which makes it unlawful for the property of a trade union to be applied in a particular way; or

(b) any other remedy available to a trade union, the trustees of its property or any of its members in respect of an unlawful application of the union's property.

(7) In this section "member", in relation to a trade union consisting wholly or partly of, or of representatives of, constituent or affiliated organisations, includes a member of any of the constituent or affiliated organisations.

16 Remedy against trustees for unlawful use of union property

(1) A member of a trade union who claims that the trustees of the union's property--

(a) have so carried out their functions, or are proposing so to carry out their functions, as to cause or permit an unlawful application of the union's property, or

(b) have complied, or are proposing to comply, with an unlawful direction which has been or may be given, or purportedly given, to them under the rules of the union,

may apply to the court for an order under this section.

(2) In a case relating to property which has already been unlawfully applied, or to an unlawful direction that has already been complied with, an application under this section may be made only by a person who was a member of the union at the time when the property was applied or, as the case may be, the direction complied with.

(3) Where the court is satisfied that the claim is well-founded, it shall make such order as it considers appropriate.

The court may in particular--

(a) require the trustees (if necessary, on behalf of the union) to take all such steps as may be specified in the order for protecting or recovering the property of the union;

(b) appoint a receiver of, or in Scotland a judicial factor on, the property of the union;

(c) remove one or more of the trustees.

(4) Where the court makes an order under this section in a case in which--

(a) property of the union has been applied in contravention of an order of any court, or in compliance with a direction given in contravention of such an order, or

(b) the trustees were proposing to apply property in contravention of such an order or to comply with any such direction,

the court shall by its order remove all the trustees except any trustee who satisfies the court that there is a good reason for allowing him to remain a trustee.

(5) Without prejudice to any other power of the court, the court may on an application for an order under this section grant such interlocutory relief (in Scotland, such interim order) as it considers appropriate.

(6) This section does not affect any other remedy available in respect of a breach of trust by the trustees of a trade union's property.

(7) In this section "member", in relation to a trade union consisting wholly or partly of, or of representatives of, constituent or affiliated organisations, includes a member of any of the constituent or affiliated organisations.

17 Nominations by members of trade unions

(1) The Secretary of State may make provision by regulations for enabling members of trade unions who are not under 16 years of age to nominate a person or persons to become entitled, on the death of the person making the nomination, to the whole or part of any money payable on his death out of the funds of the trade union.

(2) The regulations may include provision as to the manner in which nominations may be made and as to the manner in which nominations may be varied or revoked.

(3) The regulations may provide that, subject to such exceptions as may be prescribed, no nomination made by a member of a trade union shall be valid if at the date of the nomination the person nominated is an officer or employee of the trade union or is otherwise connected with the trade union in such manner as may be prescribed by the regulations.

(4) The regulations may include such incidental, transitional or supplementary provisions as the Secretary of State may consider appropriate.

(5) They may, in particular, include provision for securing, to such extent and subject to such conditions as may be prescribed in the regulations, that nominations made under the [1876 c. 22.] Trade Union Act 1871 Amendment Act 1876 have effect as if made under the regulations and may be varied or revoked accordingly.

(6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

18 Payments out of union funds on death of member

(1) The Secretary of State may make provision by regulations for enabling money payable out of the funds of a trade union on the death of a member, to an amount not exceeding £5,000, to be paid or distributed on his death without letters of administration, probate of any will or confirmation.

(2) The regulations may include such incidental, transitional and supplementary provisions as the Secretary of State may consider appropriate.

(3) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The Treasury may by order under section 6(1) of the [1965 c. 32.] Administration of Estates (Small Payments) Act 1965 direct that subsection (1) above shall have effect with the substitution for the reference to £5,000 of a reference to such higher amount as may be specified in the order.

19 Application of certain provisions relating to industrial assurance or friendly societies

(1) The following provisions apply to a trade union as to an industrial assurance company--

(a) section 6(1) of the [1948 c. 39.] Industrial Assurance and Friendly Societies Act 1948 (prohibition on insuring money to be paid on death of child under ten);

(b) sections 63 to 66 of the [1896 c. 25.] Friendly Societies Act 1896 and section 4(2) of the [1923 c. 8.] Industrial Assurance Act 1923 (conditions on which payments to be made), so far as they apply to cases excepted from that prohibition by paragraph (c) of the proviso to section 6(1) (children not ordinarily resident in United Kingdom or the Isle of Man).

(2) A trade union which contravenes section 6(1) of the Industrial Assurance and Friendly Societies Act 1948 commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

The provisions of the [1974 c. 46.] Friendly Societies Act 1974 as to offences under that Act apply to an offence under this subsection.

(3) Section 52 of the Friendly Societies Act 1974 (charitable subscriptions and contributions to other registered societies) extends to a trade union, or branch of a trade union, as regards contributing to the funds and taking part in the government of a medical society, that is, a society for the purpose of relief in sickness by providing medical attendance and medicine.

A trade union, or branch of a trade union, shall not withdraw from contributing to the funds of such a society except on three months notice to the society and on payment of all contributions accrued or accruing due to the date of the expiry of the notice.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14

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