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The Industrial Relations (Northern Ireland) Order 1992

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66.—(1) Where a resolution under section 3 of the Trade Union Act 1913(1) is in force with respect to a trade union immediately before the appointed day, that resolution and any rule of the union made and approved in pursuance of that section which is in force at that time shall notwithstanding the repeal of that section by this Order continue to have effect as if—

(a)it were a resolution passed under or, as the case may be, a rule made and approved in pursuance of Article 57; and

(b)for any reference to the political objects to which section 3 applied there were substituted a reference to the political objects to which Article 57 applies.

(2) For the purposes of Article 57(9) any resolution to which paragraph (1) applies which was passed more than nine years before the appointed day shall be deemed to have been passed nine years before that day.

(3) If the Certification Officer is satisfied, and certifies, that rules made for the purposes of complying with the provisions of Article 59(1) have been approved by the principal executive committee of a trade union, those rules shall have effect as rules of the trade union for the purposes of Article 59(1) as it applies in relation to the first review, notwithstanding that the provisions of the rules of the union as to the alteration of rules or the making of new rules have not been complied with.

(4) Paragraph (3) applies only where a resolution under section 3 of the Trade Union Act 1913 was in force with respect to the union immediately before the appointed day.

(5) In paragraph (3) “first review” means a ballot which—

(a)is held before the expiry of the period of one year beginning with the appointed day; and

(b)is the first ballot held during that period.

(6) Article 62(3) shall not have effect in relation to any liability incurred before the day on which this Order is made.

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