C23 Restriction on application of funds for certain political purposes. C1
1
The funds of a trade union shall not be applied, either directly or in conjunction with any other trade union association, or body, or otherwise indirectly, in the furtherance of the political objects to which this section applies (without prejudice to the furtherance of any other political objects), unless the furtherance of those objects has been approved as an object of the union by a resolution for the time being in force passed on a ballot of the members of the union taken in accordance with this Act for the purpose by a majority of the members voting; and where such a resolution is in force unless rules, to be approved; . . . F2, by the F3Certification Officer, are in force providing—
a
That any payments in the furtherance of those objects are to be made out of a separate fund (in this Act referred to as the political fund of the union) and for the exemption in accordance with this Act of any member of the union from any obligation to contribute to such a fund if he gives notice in accordance with this Act that he objects to contribute; and
b
That a member who is exempt from the obligation to contribute to the political fund of the union shall not be excluded from any benefits of the union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the union (except in relation to the control or management of the political fund) by reason of his being so exempt, and that contribution to the political fund of the union shall not be made a condition for admission to the union.
2
If any member of a trade union alleges that he is aggrieved by a breach of any rule made in pursuance of this section, he may complain to the F3Certification Officer, and the F3Certification Officer, after giving the complainant and any representative of the union an opportunity of being heard, may, if he considers that such a breach has been committed, make such order for remedying the breach as he thinks just under the circumstances; and any such order of the F3Certification Officer . . . F4, on being recorded in the county court, may be enforced as if it had been an order of the county court. In the application of this provision to Scotland the sheriff court shall be substituted for the county court, . . . F4
F5X13
The political objects to which this section applies are the expenditure of money—
a
on the payment of any expenses incurred either directly or indirectly by a candidate or prospective candidate for election to Parliament or to any public office, before, during, or after the election in connexion with his candidature or election; or
b
on the holding of any meeting of the distribution of any literature or documents in support of any such candidate or prospective candidate; or
c
on the maintenance of any person who is a member of Parliament or who holds a public offic; or
d
in connexion with the registration of electors or the selection of a candidate for Parliament or any public office; or
e
on the holding of political meetings of any kind, or on the distribution of political literature or political documents of any kind, unless the main purpose of the meetings or of the distribution of the literature or documents is the furtherance of statutory objects within the meaning of this Act.
The expression “public office” in this section means the office of member of any county, county borough, district, or parish council, or board of gaurdians, or of any public body who have power to raise money, either directly or indirectly, by means or a rate.
F5X13
The political objects to which this section applies are the expenditure of money—
a
on any contribution to the funds of, or on the payment of any expenses incurred directly or indirectly by, a political party;
b
on the provision of any service or property for use by or on behalf of any political party;
c
in connection with the registration of electors, the candidature of any person, the selection of any candidate or the holding of any ballot by the union in connection with any election to a political office;
d
on the maintenance of any holder of a political office;
e
on the holding of any conference or meeting by or on behalf of a political party or of any other meeting the main purpose of which is the transaction of business in connection with a political party;
f
on the production, publication or distribution of any literature, document, film, sound recording or advertisement the main purpose of which is to persuade people to vote for a political party or candidate or to persuade them not to vote for a political party or candidate.
3A
Where a person attends a conference or meeting as a delegate or otherwise as a participator in the proceedings, any expenditure incurred in connection with his attendance as such shall, for the purposes of subsection (3)(e) above, be taken to be expenditure incurred on the holding of the conference or meeting.
3B
In determining, for the purposes of subsection (3) above, whether a trade union has incurred expenditure of a kind mentioned in that subsection, no account shall be taken of the ordinary administrative expenses of the union.
3C
In this section—
“candidate” means a candidate for election to a political office and includes a prospective candidate;
“contribution”, in relation to the funds of a political party, includes any fee payable for affiliation to, or membership of, the party and any loan made to the party;
“electors” means electors at any election to a political office;
“film” has the same meaning as in section 38 of the Films Act M11960;
“local authority” means a local authority within the meaning of section 270 of the Local Government Act M21972 or section 235 of the Local Government (Scotland) Act M31973; and
“political office” means the office of member of Parliament, member of the Assembly of the European Communities or member of a local authority or any position within a political party.
4
A resolution under this section approving political objects as an object of the union shall take effect as if it were a rule of the union and may be rescinded in the same manner and subject to the same provisions as such a rule.
5
The provisions of this Act as to the application of the funds of a union for political purposes shall apply to a union which is in whole or in part an association or combination of other unions as if the individual members of the component unions were the members of that union and not the unions; but nothing in this Act shall prevent any such component union from collecting from any of their members who are not exempt on behalf of the association or combination any contributions to the political fund of the association or combination.