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The Industrial Relations (Northern Ireland) Order 1992

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Relationship of Part VIII and the Trade Union Act 1913

67.—(1) Subject to Article 65(6) and to paragraphs (3) to (5), the preceding provisions of this Part apply only to a trade union which has its head or main office in Northern Ireland; and, accordingly, the Trade Union Act 1913 shall cease to have effect in relation to any such trade union.

(2) The amendments and repeals to the Trade Union Act 1913 contained in—

(a)Schedules 8 and 9 to the Industrial Relations Act 1971(1);

(b)Schedules 3 and 5 to the Trade Union and Labour Relations Act 1974(2);

(c)Part IV of Schedule 16 and Schedule 18 to the Employment Protection Act 1975(3); and

(d)Schedule 16 to the Employment Protection (Consolidation) Act 1978(4),

shall have effect in Northern Ireland for the purpose of the application of that Act of 1913 to such trade unions as have their head or main offices outside Northern Ireland.

(3) The rules of any such trade union made in pursuance of section 3 of the Trade Union Act 1913(5) shall, in so far as they apply to members of the union in Northern Ireland,—

(a)comply with the requirements of Article 58; and

(b)in so far as they so comply, be subject to the approval of the Certification Officer.

(4) Every member of a trade union which has its head or main office outside Northern Ireland who—

(a)has not delivered to the union the notice referred to in Article 58(1)(a); or

(b)has delivered such a notice but has withdrawn it in accordance with Article 58(2),

shall be deemed for the purposes of the Trade Union Act 1913 to be a member who is exempt from the obligation to contribute to the political fund of the union; and references in that Act to a member who is so exempt shall be construed accordingly.

(5) Article 57(3) and (4) shall apply in relation to rules of a trade union approved—

(a)by the Certification Officer under paragraph (3)(b); or

(b)before the coming into operation of this Article, by the officer appointed to perform in Northern Ireland the functions of registrar of friendly societies,

as they apply in relation to rules made in pursuance of Article 57; and Article 59(4) shall apply to any rules to be approved by the Certification Officer under paragraph (3)(b).

(6) An appeal shall lie, in accordance with Article 70(4), to the Court of Appeal on any question of law arising in any proceedings before, or arising from any decision of, the Certification Officer under this Article.

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