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The Industrial Relations (Northern Ireland) Order 1992

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Exemptions for certain trade unions

54.—(1) This Part does not apply to any trade union which—

(a)falls within Article 3(1)(b) (unions which consist wholly or mainly of, or of representatives of, constituent or affiliated organisations); and

(b)has no members (other than such representatives) who are individuals.

(2) This Part does not apply to a trade union at any time when the conditions mentioned in paragraph (3) are satisfied in relation to it.

(3) The conditions are that—

(a)the trade union was formed after the coming into operation of this Part; and

(b)not more than one year has elapsed since its formation.

(4) In paragraph (3) “formed” includes formed by amalgamation under Part X.

(5) Where a trade union is formed otherwise than by amalgamation under Part X, the date of its formation shall be taken, for the purposes only of this Article, to be the date on which the first members of its principal executive committee are first appointed or, as the case may be, elected to that committee.

(6) Where one trade union (the “transferring union”) has transferred its engagements to another trade union (the “receiving union”) then, during the period of one year beginning with the date of the transfer, this Part shall not apply in relation to any person who—

(a)was a member of the principal executive committee of the transferring union immediately before the transfer; and

(b)became a member of the principal executive committee of the receiving union in accordance with the instrument of transfer.

(7) Without prejudice to paragraphs (2) to (6), where—

(a)by virtue of any election (including one held before the coming into operation of this Part) a person is a member of a trade union’s principal executive committee at a time after the coming into operation of this Part when that trade union amalgamates with, or transfers its engagements to, another union under Part X;

(b)under the instrument of amalgamation or transfer, that person becomes a member of the principal executive committee of the trade union formed by the amalgamation or, as the case may be, of the union to which the engagements are transferred (whether by taking up the same position as he held in the amalgamating or transferring union or by taking up any other position); and

(c)under any provision of this Part that person would have been entitled, at the time of the amalgamation or transfer, to continue for any period, without being re-elected, to be a member of the principal executive committee mentioned in sub-paragraph (a) or, as the case may be, to hold the position by virtue of which he was such a member,

this Part shall not apply in relation to that person to the union formed by the amalgamation or, as the case may be, to the union to which the engagements are transferred until the end of the period mentioned in sub-paragraph (c).

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