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The Industrial Relations (Northern Ireland) Order 1992

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II DEFINITION, STATUS AND GENERAL REGULATION OF TRADE UNIONS AND EMPLOYERS' ASSOCIATIONS

    1. Definition and status

      1. 3.Definition and status of trade union

      2. 4.Definition and status of employers' association

    2. Listing and certification

      1. 5.Lists of trade unions and employers' associations

      2. 6.Certification as independent trade union

    3. Property

      1. 7.Property of trade unions and unincorporated employers' associations

      2. 8.Use of trade union funds for indemnifying unlawful conduct

      3. 9.Remedy against trustees of trade union for unlawful use of property

    4. Records and returns

      1. 10.Duty to keep accounting records

      2. 11.Duties as to annual returns, auditors and members' superannuation schemes

      3. 12.Returns, etc., by trade unions and employers' associations outside Northern Ireland

      4. 13.Offences

    5. Application of existing statutory provisions

      1. 14.Application of existing statutory provisions

  4. PART III RESTRICTIONS ON LEGAL LIABILITY AND LEGAL PROCEEDINGS

    1. Restrictions on legal liability

      1. 15.Acts in contemplation or furtherance of trade disputes

      2. 16.Peaceful picketing

      3. 17.Secondary action

      4. 18.Industrial action to enforce trade union membership

      5. 19.Pressure to impose union membership or recognition requirements

      6. 20.Industrial action authorised or endorsed by trade union without support of a ballot

    2. Legal proceedings involving trade unions and employers' associations

      1. 21.Actions in tort against trade unions

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

      3. 23.Recovery of sums awarded in proceedings involving trade unions and employers' associations

    3. Restrictions on powers of court

      1. 24.Court not to compel employee to work

      2. 25.Restrictions on grant of injunctions by court

    4. Enforceability of collective agreements

      1. 26.Enforceability of collective agreements

    5. Union membership or recognition requirements in contracts

      1. 27.Prohibition on union membership requirements

      2. 28.Prohibition on union recognition requirements

  5. PART IV RIGHTS OF TRADE UNION MEMBERS

    1. 29.Right not to be unreasonably excluded or expelled from trade union membership

    2. 30.Compensation for infringement of right under Article 29

    3. 31.Right to terminate membership of trade union

    4. 32.Right to a ballot before industrial action

    5. 33.Right not to be denied access to the courts, etc.

    6. 34.Right not to be unjustifiably disciplined

    7. 35.Complaint of infringement of right under Article 34

    8. 36.Further remedies for infringement of right under Article 34

    9. 37.Right to inspect union’s accounting records

    10. 38.Right to require employer to stop deductions of union subscriptions

  6. PART V DISCLOSURE OF INFORMATION

    1. 39.General duty of employers to disclose information

    2. 40.Restrictions on general duty under Article 39

    3. 41.Complaint of failure to disclose information

    4. 42.Further complaint arising from failure to disclose information

    5. 43.Determination of claim and award

  7. PART VI SECRET BALLOTS BEFORE INDUSTRIAL ACTION

    1. 44.Ballots authorising or endorsing industrial action

    2. 45.Requirements to be satisfied in relation to ballots authorising or endorsing industrial action

    3. 46.Interpretation of Part VI

  8. PART VII SECRET BALLOTS FOR TRADE UNION ELECTIONS

    1. 47.Duty of trade union to hold elections for certain positions

    2. 48.General requirements to be satisfied in relation to elections

    3. 49.Requirements as to election address

    4. 50.Requirements as to independent scrutiny

    5. 51.Register of members' names and addresses

    6. 52.Remedy for failure to comply with this Part

    7. 53.Proceedings before Certification Officer: supplementary provisions

    8. 54.Exemptions for certain trade unions

    9. 55.Exemptions for certain persons nearing retirement

    10. 56.Interpretation of Part VII

  9. PART VIII POLITICAL FUNDS AND OBJECTS

    1. 57.Restriction on application of funds for certain political purposes

    2. 58.Contributions to the political fund from members of the union

    3. 59.Approval of rules

    4. 60.Requirements as to ballot under this Part

    5. 61.Remedy with respect to ballots

    6. 62.Assets and liabilities of political fund

    7. 63.Position where resolution has ceased to have effect

    8. 64.Remedy for failure to comply with Article 63(3)(a)

    9. 65.Collection of union dues by employer

    10. 66.Transitional provisions

    11. 67.Relationship of Part VIII and the Trade Union Act 1913

    12. 68.Interpretation of Part VIII

  10. PART IX THE CERTIFICATION OFFICER AND THE COMMISSIONER FOR THE RIGHTS OF TRADE UNION MEMBERS

    1. The Certification Officer for Northern Ireland

      1. 69.The Certification Officer for Northern Ireland

      2. 70.Procedure before, and appeals from, Certification Officer

    2. The Northern Ireland Commissioner for the Rights of Trade Union Members

      1. 71.The Northern Ireland Commissioner for the Rights of Trade Union Members

      2. 72.Assistance by the Commissioner

      3. 73.Provisions supplementary to Article 72

  11. PART X AMALGAMATIONS, ETC.

    1. 74.Conditions for amalgamations and transfers of engagements of trade unions

    2. 75.Manner of voting on, and majority required for, resolution

    3. 76.Power to alter rules of transferee union for purposes of transfer of engagements

    4. 77.Complaint to Certification Officer as regards passing of resolution

    5. 78.Disposal of property on amalgamation or transfer

    6. 79.Change of name of trade union

    7. 80.Regulations

    8. 81.Interpretation of Part X

  12. PART XI MACHINERY FOR PROMOTING IMPROVEMENT OF INDUSTRIAL RELATIONS

    1. The Labour Relations Agency

      1. 82.Constitution of the Labour Relations Agency

      2. 83.General function of the Agency

      3. 84.Functions of the Agency in relation to trade disputes

      4. 85.Notification of procedural agreements

      5. 86.Review of collective bargaining arrangements

      6. 87.Industrial relations training

      7. 88.Industrial relations research

      8. 89.Industrial relations advice

      9. 90.Codes of Practice

    2. The Industrial Court

      1. 91.Constitution of the Industrial Court

      2. 92.Procedure of the Industrial Court

    3. Courts of inquiry

      1. 93.Court of inquiry into trade dispute

      2. 94.Procedure of court of inquiry

    4. Issue by Department of Codes of Practice

      1. 95.Issue by Department of Codes of Practice

    5. Meaning of “trade dispute”in Part XI

      1. 96.Meaning of “trade dispute”in Part XI

  13. PART XII MISCELLANEOUS AND SUPPLEMENTARY

    1. Employee’s individual rights

      1. 97.Written statements of terms of employment

      2. 98.Time off for trade union duties

      3. 99.Period of employment necessary to qualify for statement of reasons for dismissal

      4. 100.Industrial tribunal procedure

      5. 101.Action by an employer to enforce membership of union

    2. Ballots

      1. 102.Payments in respect of secret ballots

      2. 103.Secret ballots on employer’s premises

    3. Nominations by members of trade union

      1. 104.Nominations by members of trade union

    4. Crown employees and contracts, etc.

      1. 105.Crown employees and contracts, etc.

    5. Fair Employment

      1. 106.Amendments to the Fair Employment (Northern Ireland) Acts

    6. Supplementary

      1. 107.Orders and regulations

      2. 108.Amendments, revocations and repeals

  14. Signature

  15. SCHEDULES

    1. SCHEDULE 1

      ADMINISTRATIVE PROVISIONS RELATING TO TRADE UNIONS AND EMPLOYERS' ASSOCIATIONS

      1. PART I ANNUAL RETURNS, AND QUALIFICATIONS, APPOINTMENT AND REMOVAL, AND FUNCTIONS, OF AUDITORS

        1. Annual returns

          1. 1.(1) Subject to paragraph 5, the annual return of a...

          2. 2.Every annual return shall contain— (a) revenue accounts indicating the...

          3. 3.Every revenue account, every balance sheet and every other account...

          4. 4.Every return, in addition to containing the accounts mentioned in...

          5. 5.The Certification Officer, if in any particular case he considers...

        2. Qualifications of auditors

          1. 6.Subject to paragraphs 7 to 9, a person shall not...

          2. 7.Notwithstanding anything in paragraph 6, a Scottish firm may act...

          3. 8.A person who is not qualified under paragraph 6 may...

          4. 9.(1) Two or more persons who are not qualified under...

          5. 10.(1) None of the following persons shall act as auditor...

        3. Appointment and removal of auditors

          1. 11.The rules of every trade union and every employers' association...

          2. 12.Notwithstanding anything in the rules of a trade union or...

          3. 13.(1) Notwithstanding anything in the rules of a trade union...

          4. 14.Regulations may make provision as to the procedure to be...

          5. 15.(1) Where any regulations made under paragraph 14 require copies...

        4. Auditor’s right of access to books and information and right to be heard at meetings

          1. 16.Every auditor of a trade union or an employers' association—...

          2. 17.Every auditor of a trade union or an employers' association...

        5. Auditor’s reports

          1. 18.The auditor or auditors of a trade union or an...

          2. 19.The report shall state whether, in the opinion of the...

          3. 20.It shall be the duty of the auditor or auditors,...

          4. 21.If an auditor fails to obtain all the information and...

          5. 22.In this Part “accounting period”, in relation to a trade...

      2. PART II MEMBERS' SUPERANNUATION SCHEMES

        1. Examination of superannuation schemes

          1. 23.Subject to paragraphs 29 to 31, every trade union and...

          2. 24.Where a members' superannuation scheme to which paragraph 23 applies...

          3. 25.The report made by the actuary on the results of...

          4. 26.A copy of any report made by an actuary under...

          5. 27.Subject to paragraphs 30 and 31, no trade union or...

          6. 28.A copy of any report made to a trade union...

          7. 29.Where on the application of a trade union or employers'...

          8. 30.The Certification Officer, on the application of a trade union...

          9. 31.The Certification Officer may at any time revoke any exemption...

        2. Periodical re-examination of schemes

          1. 32.(1) Subject to paragraph 34, where a trade union or...

          2. 33.The provisions of paragraphs 24 to 26 and paragraph 28...

          3. 34.The Certification Officer, on the application of a trade union...

          4. 35.The Certification Officer may at any time revoke any exemption...

        3. Separate fund for members' superannuation scheme

          1. 36.After the appointed day no trade union or employers' association...

          2. 37.After the end of the period of five years beginning...

        4. Interpretation of Part II

          1. 38.In this Part— (a) “members' superannuation scheme” means any scheme...

    2. SCHEDULE 2

      THE NORTHERN IRELAND COMMISSIONER FOR THE RIGHTS OF TRADE UNION MEMBERS

      1. Terms of appointment

        1. 1.(1) The appointment of a person to hold office as...

      2. Remuneration, pensions etc.

        1. 2.(1) There shall be paid to the Commissioner such remuneration,...

      3. Staff

        1. 3.(1) The Commissioner may, with the approval of the Department...

        2. 4.(1) Anything authorised or required by or under this Order...

        3. 5.(1) Employment as a member of the staff of the...

        4. 6.Part III of the Employers' Liability (Defective Equipment and Compulsory...

      4. Payment of travelling expenses, etc., to applicants

        1. 7.(1) The Commissioner may, with the approval of the Department,...

        2. 8.(1) The Department shall pay to the Commissioner such sums...

        3. 9.(1) It shall be the duty of the Commissioner—

      5. Annual report

        1. 10.(1) As soon as reasonably practicable after the end of...

      6. Miscellaneous

        1. 11.The Commissioner shall have an official seal for the authentication...

        2. 12.In the Commissioner for Complaints Act (Northern Ireland) 1969 in...

        3. 13.In the Northern Ireland Assembly Disqualification Act 1975 in Part...

    3. SCHEDULE 3

      MODIFICATIONS OF PART X AS APPLYING TO AMALGAMATIONS AND TRANSFERS OF ENGAGEMENTS INVOLVING GREAT BRITAIN UNIONS

      1. 1.Subject to this Schedule, any reference in Part X to...

      2. 2.(1) The requirements of Article 74 as to the approval...

      3. 3.Nothing in Article 76 shall apply in relation to the...

      4. 4.Where an instrument of amalgamation or transfer is submitted to...

    4. SCHEDULE 4

      THE LABOUR RELATIONS AGENCY

      1. PART I THE CONSTITUTION OF THE AGENCY

        1. 1.The Agency shall be a body corporate to which section...

        2. 2.The Agency shall consist of the following persons appointed by...

        3. 3.(1) A member of the Agency shall hold and vacate...

        4. 4.The Head of the Department may, by notice in writing...

        5. 5.The proceedings of the Agency shall not be invalidated by...

        6. 6.The Agency shall not be regarded as the servant or...

      2. PART II SUPPLEMENTARY PROVISIONS AS TO THE AGENCY

        1. Members

          1. 7.The Agency may pay, or make such payments towards the...

          2. 8.In Part II of Schedule 1 to the Northern Ireland...

        2. Panel of advisers

          1. 9.(1) The Agency may appoint a panel of persons, who...

        3. The seal

          1. 10.The fixing of the common seal of the Agency shall...

        4. Execution of contracts and instruments not under seal

          1. 11.Any contract or instrument which, if entered into or executed...

        5. Staff

          1. 12.The number of persons employed by the Agency and the...

          2. 13.The Agency may, in the case of such persons employed...

        6. Financial provision

          1. 14.For the purpose of enabling the Agency to carry out...

        7. Accounts and audit

          1. 15.(1) The Agency shall keep proper accounts, in such form...

        8. Reports

          1. 16.(1) The Agency shall, as soon as possible within a...

    5. SCHEDULE 5

      AMENDMENTS

      1. PART I MINOR AND CONSEQUENTIAL AMENDMENTS

        1. The Social Security Pensions (Northern Ireland) Order 1975 (NI 15)

          1. 1.In Article 33(8) in the definition of “independent trade union”...

        2. The Industrial Relations (Northern Ireland) Order 1976 (NI 16)

          1. 2.(1) In Article 2(2), in the appropriate place in alphabetical...

        3. The Industrial Relations (No. 2) (Northern Ireland) Order 1976 (NI 28)

          1. 3.(1) In Article 33 for paragraph (8) substitute—

        4. The Wages (Northern Ireland) Order 1988 (NI 7)

          1. 4.(1) In paragraph (6) of Article 3 at the end...

      2. PART II PRE-CONSOLIDATION AMENDMENTS

        1. The Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (c. 19)

          1. 5.(1) The following provisions shall cease to have effect—

        2. The Industrial Relations (Northern Ireland) Order 1976 (NI 16)

          1. 6.(1) The following shall cease to have effect—

        3. The Industrial Relations (No. 2) (Northern Ireland) Order 1976 (NI 28)

          1. 7.(1) The following shall cease to have effect—

        4. Industrial Relations (Northern Ireland) Order 1982 (NI 8)

          1. 8.(1) The following shall cease to have effect—

        5. Industrial Relations (Northern Ireland) Order 1987 (NI 9)

          1. 9.The following shall cease to have effect—

    6. SCHEDULE 6

      REPEALS

  16. Explanatory Note

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