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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Section 20 of the [1988 c. 19.] Employment Act 1988 (provision of assistance by the Commissioner for the Rights of Trade Union Members) applies to proceedings or prospective proceedings in the High Court or the Court of Session (or on an appeal therefrom to the Court of Appeal or the House of Lords) to the extent that the proceedings arise out of an alleged breach or threatened breach of the rules of a trade union relating to any of the following matters.
(2)Those matters are—
(a)the appointment or election of a person to, or the removal of a person from, any office;
(b)disciplinary proceedings by the union (including expulsion);
(c)the authorising or endorsing of industrial action;
(d)the balloting of members;
(e)the application of the union’s funds or property;
(f)the imposition, collection or distribution of any levy for the purposes of industrial action;
(g)the constitution or proceedings of any committee, conference or other body.
(3)In subsection (2)(a) “office” includes any position by virtue of which a person is an official in relation to the trade union or is entitled to attend as a representative any meeting concerned with union business.
(4)In this section—
(a)“trade union”, and “official” in relation to a trade union, have the same meaning as in the Trade Union and Labour Relations Act 1974; and
(b)references to the rules of a trade union include the rules of any branch or section of the trade union.
(5)The Commissioner shall not grant an application for assistance made by virtue of this section unless it appears to him—
(a)that the breach of rules in question affects, or may affect, members of the union other than the applicant, or
(b)that similar breaches of the rules have been or may be committed in relation to other members of the union.
(6)Nothing in this section affects the power of the Commissioner to provide assistance where he could do so apart from this section.
(1)Where a person is receiving assistance under section 20 of the Employment Act 1988 in relation to proceedings, there shall, if he so wishes, be added after his name in the title of the proceedings the words “(assisted by the Commissioner for the Rights of Trade Union Members)”.
(2)The addition of those words shall not be construed as making the Commissioner a party to the proceedings or as liable to be treated as a party for any purpose; and the omission of those words shall be treated as an irregularity only and shall not nullify the proceedings, any step taken in the proceedings or any document, judgment or order therein.
(3)The above provisions apply to proceedings whether begun before or after the commencement of this section.
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