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Trade Union and Labour Relations Act 1974

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This is the original version (as it was originally enacted).

4Supplementary provisions about property of trade unions and unincorporated employers' associations

(1)Sections 39 and 40 of the Trustee Act 1925 and sections 38 and 39 of the Trustee Act (Northern Ireland) 1958 (vesting of property on retirement of trustee or appointment of new trustee) shall, in their application to trustees in whom any property is vested in trust for a trade union or an unincorporated employers' association to which this subsection applies, each have effect as if for any reference to a deed there were substituted a reference to an instrument in writing and as if in subsection (4) of section 40 of the said Act of 1925 and of section 39 of the said Act of 1958 paragraphs (a) and (c) were omitted.

(2)Subsection (1) above applies to a trade union (other than a special register body) and to an unincorporated employers' association whose name is (in either case) for the time being entered in the list of trade unions or of employers' associations under section 8 below.

(3)An instrument in writing appointing a new trustee of a trade union or unincorporated employers' association to which subsection (1) above applies is referred to in this section as an " instrument of appointment" and an instrument in writing discharging a trustee of such a union or association is referred to as an " instrument of discharge " ; and for the purposes of this section (and the sections of the Acts of 1925 and 1958 applied by subsection (1) above), where a trustee of such a union or association is appointed or discharged by a resolution taken by or on behalf of the union or association, the written record of the resolution shall be treated as if it were the instrument in writing appointing or, as the case may be, discharging that trustee.

(4)Where by any enactment or instrument the transfer of securities of any description is required to be effected or recorded by means of entries in a register, then, if—

(a)there is produced to the person who is authorised or required to keep the register, a copy of an instrument of appointment or of an instrument of discharge which contains or has attached to it a list identifying the securities of that description held in trust for the union or association to which the instrument relates at the date of the appointment or discharge; and

(b)it appears to that person that any of the securities so identified are included in the register kept by him,

he shall, notwithstanding anything in section 75 or 117 of the Companies Act 1948 or any other enactment or instrument regulating the keeping of the register, make such entries as may be necessary to give effect to the instrument of appointment or of discharge.

(5)A document which purports to be a copy of an instrument of appointment or of an instrument of discharge containing or having attached to it such a list and to be certified to be a copy of such an instrument in accordance with subsection (6) below shall be taken to be a copy of such an instrument unless the contrary is proved.

(6)The certificate referred to in subsection (5) above shall be given by the president and general secretary (or persons occupying positions equivalent to those of president and general secretary) of the union or association to which the instrument relates and, in the case of an instrument to which the list of securities is attached, shall appear both on the instrument and on the list.

(7)Nothing done for the purposes of or in pursuance of subsection (4) above shall be taken to affect any person with notice of any trust or to impose on any person a duty to inquire into any matter.

(8)In relation to a trade union or an employers' association whose principal office is situated in Scotland, references in this section to the appointment and to the discharge of a trustee shall be construed as including respectively references to the assumption and to the resignation of a trustee, and references to an instrument appointing, and to an instrument discharging, a trustee shall be construed accordingly.

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