Trade Union and Labour Relations Act 1974

The Trade Union (Amalgamations, etc.) Act 1964 (c. 24)

10 (1) The Trade Union (Amalgamations, etc.) Act 1964 shall be amended in accordance with the following provisions of this paragraph.

(2) In sections 1 to 11 (and the Schedules), for the expressions " organisation to which this Act applies " or " organisation " substituted by Schedule 8 to the 1971 Act, wherever they occur, substitute the words contained in those sections (and Schedules) immediately before the substitutions were effected by that Act.

(3) In section 1, for the subsection (1A) inserted by Schedule 8 to the 1971 Act substitute—

“(1A) Subject to any express provision of this Act with respect to employers' associations, this Act shall apply, with the necessary modifications, in relation to unincorporated employers' associations as it applies in relation to trade unions.”

(4) In section 4, for subsection (8) substitute—

“(8) In the course of proceedings on a complaint under this section the Registrar may, if he thinks fit, at the request of the complainant or of the trade union, state a case for the opinion of the High Court, or in relation to proceedings in Scotland the Court of Session, on any question of law arising in the proceedings.

The decision of the High Court or the Court of Session, as the case may be, on a case stated under this subsection shall be final.”

(5) For section 6(2) substitute—

“(2) If the name of a trade union or employers' association is for the time being entered in the list of trade unions or employers' associations under section 8 of the Trade Union and Labour Relations Act 1974, a change of its name shall not take effect until approved by the Registrar under this Act; and the Registrar shall not approve a change of name if it appears to him that the proposed new name is the same as one entered in either list as the name of another trade union or employers' association or is a name so nearly resembling such a name as to be likely to deceive the public.”

(6) In section 7(1)(c) the words " or by any assistant registrar " repealed by the 1971 Act are hereby revived.

(7) Section 8 (which was repealed by the 1971 Act) is hereby revived.

(8) In section 9, for subsection (1) substitute—

“(1) In this Act, unless the context otherwise requires—

• " amalgamating unions " and " amalgamated union ", in relation to a proposed amalgamation, mean respectively the trade unions proposing to amalgamate and the trade union which is to result from the proposed amalgamation ;

• " assistant registrar " means any assistant registrar of friendly societies appointed under section 1 of the [1896 c. 25.] Friendly Societies Act 1896 ;

• " employers' association " has the same meaning as in the Trade Union and Labour Relations Act 1974 ;

• " Northern Ireland union " has the meaning assigned to it by section 10 of this Act;

• " the Registrar " means the Chief Registrar of Friendly Societies ;

• " trade union " has the same meaning as in the Trade Union and Labour Relations Act 1974 ;

• " transferor trade union " and " transferee trade union ", in relation to a proposed transfer of engagements, mean respectively the trade union proposing to transfer its engagements and the trade union proposing to accept them.”