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This is the original version (as it was originally enacted).

6Provisions as to rules of trade unions and employers' associations

(1)The rules of every trade union and employers' association shall contain provisions in respect of the matters mentioned in the following subsections of this section.

(2)The rules must specify the name of the trade union or employers' association, the address of its principal office and the objects for which it was established.

(3)The rules must make provision as to the purposes for which, and the manner in which, any property or funds of the trade union or employers' association are authorised to be applied or invested.

(4)If any financial benefits are to be available for members of the trade union or employers' association out of its property or funds, the rules must make provision as to the amounts of those benefits and the circumstances in which they are to be available to members.

(5)The rules must specify the manner in which any rules of the trade union or employers' association can be made, altered or revoked.

(6)The rules must make provision for the election or appointment of officers and for the manner in which officers can be removed from office.

(7)The rules must make provision—

(a)for the election of a governing body and for its re-election at reasonable intervals ;

(b)for the manner in which members of the governing body can be removed from office.

(8)If the trade union or employers' association has officials (whether they are shop stewards, workplace representatives or other officials) who are not officers of the trade union or employers' association, the rules must make provision for their election or appointment and for the manner in which they can be removed from office.

(9)The rules must make provision as to the manner in which, for any purposes of the trade union or employers' association, elections are to be held or ballots taken, including the following:—

(a)notification of vacancies and qualification of candidates ;

(b)making of nominations ;

(c)canvassing or content of election addresses, where these are permitted;

(d)eligibility for voting in any such election or ballot;

(e)procedure preparatory to any election or ballot;

(f)the procedure for counting and scrutiny of the votes and ballot papers ; and

(g)the procedure for the declaration or notification of the result of any such election or ballot.

(10)The rules must specify the descriptions of persons who are eligible for membership of the trade union or employers' association or a branch or section of the trade union or employers' association and the procedure for dealing with applications for membership, including provision for appeals against decisions of the committee or other body responsible for determining such applications.

(11)The rules must specify—

(a)the offences for which the trade union or employers' association is entitled under the rules to expel a member or take other disciplinary action, and the penalties applicable for each of those offences;

(b)the procedure for the hearing of cases in which offences against the rules are alleged ; and

(c)the procedure with respect to appeals against any decision on any such hearing.

(12)The rules must prescribe a procedure for settling disputes between a member and the trade union or employers' association or an officer of the trade union or employers' association.

(13)In making provision for any hearing or a determination of any question, whether in relation to an alleged offence, an appeal or a dispute, the rules shall be so framed as not to depart from, or permit any departure from, the rales of natural justice.

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