The Trade Union and Labour Relations (Northern Ireland) Order 1995

1. Introductory Text

2. PART I INTRODUCTORY

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II TRADE UNION ADMINISTRATION

   1. Register of members' names and addresses

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

      2. 4. Securing confidentiality of register during ballots

      3. 5. Remedy for failure: application to Certification Officer

      4. 6. Remedy for failure: application to High Court

   2. Financial affairs of unions, etc.

      1. 7. Annual return to include additional information

      2. 8. Statement to members following annual return

      3. 9. Investigation of financial affairs

      4. 10. Offences

      5. 11. Disqualification of offenders

4. PART III ELECTIONS FOR CERTAIN POSITIONS

   1. Duty to hold elections

      1. 12. Duty to hold elections for certain positions

   2. Requirements to be satisfied with respect to elections

      1. 13. Candidates

      2. 14. Election addresses

      3. 15. Appointment of independent scrutineer

      4. 16. Entitlement to vote

      5. 17. Voting

      6. 18. Counting of votes etc. by independent person

      7. 19. Scrutineer’s report

      8. 20. Uncontested elections

   3. Remedy for failure to comply with requirements

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

      2. 22. Application to Certification Officer

      3. 23. Application to High Court

   4. Supplementary

      1. 24. Exemption of newly-formed trade unions, etc.

      2. 25. Exemption of certain persons nearing retirement

      3. 26. Period for giving effect to election

      4. 27. Overseas members

      5. 28. Other supplementary provisions

5. PART IV RIGHTS IN RELATION TO TRADE UNION MEMBERSHIP

   1. Right to a ballot before industrial action

      1. 29. Right to a ballot before industrial action

   2. Right not to be denied access to the courts

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

   3. Right not to be unjustifiably disciplined

      1. 31. Right not to be unjustifiably disciplined

      2. 32. Meaning of “unjustifiably disciplined”

      3. 33. Complaint of infringement of right

      4. 34. Further remedies for infringement of right

   4. Right not to suffer deduction of unauthorised or excessive union subscriptions

      1. 35. Right not to suffer deduction of unauthorised or excessive subscriptions

      2. 36. Complaint of infringement of rights

   5. Right to terminate membership of union

      1. 37. Right to terminate membership of union

   6. Right not to be expelled from trade union

      1. 38. Right not to be expelled from union

      2. 39. Time limit for proceedings

      3. 40. Remedies

      4. 41. Interpretation and other supplementary provisions

   7. Access to employment

      1. 42. Access to employment

   8. Action short of dismissal

      1. 43. Action short of dismissal: non infringing actions

   9. Supplementary

      1. 44. Membership of constituent or affiliated organisation

6. PART V APPLICATION OF FUNDS FOR POLITICAL OBJECTS

   1. Restriction on use of funds for certain political objects

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

      2. 46. Political objects to which restriction applies

   2. Political resolution

      1. 47. Passing and effect of political resolution

      2. 48. Approval of political ballot rules

      3. 49. Appointment of independent scrutineer

      4. 50. Entitlement to vote

      5. 51. Voting

      6. 52. Counting of votes etc. by independent person

      7. 53. Scrutineer’s report

      8. 54. Remedy for failure to comply with ballot rules: general

      9. 55. Application to Certification Officer

      10. 56. Application to High Court

   3. The political fund

      1. 57. Rules us to political fund

      2. 58. Assets and liabilities of political fund

      3. 59. Contributions to the political fund from members of the union

   4. Duties of employer who deducts union contributions

      1. 60. Employer not to deduct contributions where member gives certificate

      2. 61. Application to county court in respect of employer’s failure

      3. 62. Application of provisions of Wages Order

   5. Position where political resolution ceases to have effect

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

      2. 64. Discontinuance of contributions to political fund

      3. 65. Rules to cease to have effect

   6. Supplementary

      1. 66. Manner of making union rules

      2. 67. Effect of amalgamation

      3. 68. Overseas members

      4. 69. Appeals from Certification Officer

      5. 70. Meaning of “date of the ballot”

      6. 71. Application to Great Britain unions and members

      7. 72. Application of Part V to certain bodies

7. PART VI AMALGAMATIONS AND SIMILAR MATTERS

   1. Amalgamation or transfer of engagements

      1. 73. Amalgamation or transfer of engagements

      2. 74. Approval of instrument of amalgamation or transfer

      3. 75. Notice to be given to members

      4. 76. Requirement of ballot on resolution

      5. 77. Appointment of independent scrutineer

      6. 78. Entitlement to vote

      7. 79. Voting

      8. 80. Counting of votes etc. by independent person

      9. 81. Scrutineer’s report

      10. 82. Registration of instrument of amalgamation or transfer

      11. 83. Power to alter rules of transferee union for purposes of transfer

      12. 84. Complaints as regards passing of resolution

      13. 85. Appeal from decision of Certification Officer

      14. 86. Transfer of property on amalgamation or transfer

      15. 87. Amalgamation or transfer involving Great Britain union

   2. Change of name

      1. 88. Change of name of trade union

   3. Supplementary

      1. 89. General power to make regulations

      2. 90. Application of Part VI to employers' associations

8. PART VII ASSISTANCE FOR CERTAIN LEGAL PROCEEDINGS

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

   2. 92. Application for assistance: its consideration

   3. 93. Provision of assistance

   4. 94. Title of proceedings where assistance provided

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

   6. 96. Supplementary provisions

9. PART VIII INDUSTRIAL ACTION

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

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

      2. 98. Peaceful picketing

      3. 99. Restrictions on grant of injunctions

   2. Action excluded from protection

      1. 100. Action to enforce trade union membership

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

      3. 102. Secondary action

      4. 103. Pressure to impose union recognition requirement

   3. Requirement of ballot before action by trade union

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

      2. 105. Notice of ballot and sample voting paper for employers

      3. 106. Appointment of independent scrutineer

      4. 107. Exclusion for small ballots

      5. 108. Entitlement to vote

      6. 109. Separate workplace ballots

      7. 110. Voting

      8. 111. Conduct of ballot

      9. 112. Information as to result of ballot

      10. 113. Employers to be informed of ballot result

      11. 114. Scrutineer’s report

      12. 115. Overseas members

      13. 116. Calling of industrial action with support of ballot

      14. 117. Period after which ballot ceases to be effective

      15. 118. Notice to employers of industrial action

      16. 119. Construction of references to contract of employment

   4. Industrial action affecting supply of goods or services to an individual

      1. 120. Industrial action affecting supply of goods or services to an individual

      2. 121. Application for assistance for proceedings under Article 120

      3. 122. Provisions supplementary to Article 121

   5. No compulsion to work

      1. 123. No compulsion to work

   6. Criminal offences

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

      2. 125. Intimidation or annoyance by violence or otherwise

      3. 126. Restriction of offence of conspiracy

   7. Supplementary

      1. 127. Meaning of “trade dispute” in Part VIII

      2. 128. Crown employees and contracts

      3. 129. Minor definitions

10. PART IX THE NORTHERN IRELAND COMMISSIONER FOR THE RIGHTS OF TRADE UNION MEMBERS AND THE NORTHERN IRELAND COMMISSIONER FOR PROTECTION AGAINST UNLAWFUL INDUSTRIAL ACTION

    1. 130. The Commissioners

    2. 131. Terms of appointment of Commissioners

    3. 132. Remuneration, pension, etc.

    4. 133. Staff of the Commissioners

    5. 134. Financial provisions

    6. 135. Annual report and accounts

11. PART X MISCELLANEOUS AMENDMENTS

    1. Unfair dismissal

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

    2. Liability of trade union in certain proceedings in tort

       1. 137. Liability of trade union in proceedings in tort

    3. The Agency

       1. 138. Functions of the Agency

       2. 139. Fees for exercise of functions by Agency

    4. Ballots

       1. 140. Ballots: repeal of provisions for financial assistance and use of employers' premises

12. PART XI MISCELLANEOUS AND GENERAL

    1. Crown employment, etc.

       1. 141. Crown employment

       2. 142. Armed forces

       3. 143. Exemption on grounds of national security

    2. Health service practitioners

       1. 144. Health service practitioners

    3. Police service

       1. 145. Police service

    4. Contracting out, etc.

       1. 146. Restriction on contracting out

       2. 147. Employment governed by foreign law

    5. Industrial tribunal proceedings

       1. 148. General provisions as to conciliation

    6. Regulations and orders

       1. 149. Regulations and orders

    7. Amendments, transitional provisions and repeals

       1. 150. Amendments, transitional provisions and repeals

13. Signature

14. SCHEDULES:

    1. Schedule 1

       Articles 48 to 48F of the No. 2 Order, as Inserted.

    2. Schedule 2

       Amendments.

    3. Schedule 3

       Transitional Provisions.

    4. Schedule 4

       Repeals.

15. Explanatory Note