Trade Union and Labour Relations (Consolidation) Act 1992

Chapter IX E+W+S Miscellaneous and general provisions

Further provisions with respect to ballots E+W+S

F1 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F1 S. 115 shall cease to have effect (1.4.1996) by virtue of 1993 c. 19, ss. 7(1)(4), 51, Sch. 10

F2 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F2 S. 116 shall cease to have effect (1.4.1996) by virtue of 1993 c. 19, ss. 7(1)(4), 51, Sch. 10

[F3 Union modernisation E+W+S

Textual Amendments

F3 S. 116A and preceding cross-heading inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 55(1), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

116A Provision of money for union modernisation E+W+S

(1) The Secretary of State may provide money to a trade union to enable or assist it to do any or all of the following—

(a) improve the carrying out of any of its existing functions;

(b) prepare to carry out any new function;

(c) increase the range of services it offers to persons who are or may become members of it;

(d) prepare for an amalgamation or the transfer of any or all of its engagements;

(e) ballot its members (whether as a result of a requirement imposed by this Act or otherwise).

(2) No money shall be provided to a trade union under this section unless at the time when the money is provided the union has a certificate of independence.

(3) Money may be provided in such a way as the Secretary of State thinks fit (whether as grants or otherwise) and on such terms as he thinks fit (whether as to repayment or otherwise).

(4) If money is provided to a trade union under this section, the terms on which it is so provided shall be deemed to include a prohibition (“a political fund prohibition”) on any of it being added to the political fund of the union.

(5) If a political fund prohibition is contravened, the Secretary of State—

(a) is entitled to recover from the trade union as a debt due to him an amount equal to the amount of money added to the union’s political fund in contravention of the prohibition (whether or not that money continues to form part of the political fund); and

(b) must take such steps as are reasonably practicable to recover that amount.

(6) An amount recoverable under subsection (5) is a liability of the trade union’s political fund.

(7) Subsection (5) does not prevent money provided to a trade union under this section from being provided on terms containing further sanctions for a contravention of the political fund prohibition.]

[F4 Deduction of trade union subscriptions from wages E+W+S

Textual Amendments

F4 S. 116B and cross-heading inserted (1.3.2017 for specified purposes) by Trade Union Act 2016 (c. 15), ss. 15(1), 25(1); S.I. 2017/139, reg. 2(l)

116B Restriction on deduction of union subscriptions from wages in public sector E+W+S

(1) A relevant public sector employer may make deductions from its workers' wages in respect of trade union subscriptions only if—

(a) those workers have the option to pay their trade union subscriptions by other means, and

(b) arrangements have been made for the union to make reasonable payments to the employer in respect of the making of the deductions.

(2) Payments are “reasonable” for the purposes of subsection (1) if the employer is satisfied that the total amount of the payments is substantially equivalent to the total cost to public funds of making the deductions.

(3) An employer is a relevant public sector employer if the employer is a public authority specified, or of a description specified, in regulations made by a Minister of the Crown.

[F5 (3A) But regulations under subsection (3) may not specify—

(a) a devolved Welsh authority, or

(b) a description of public authority that applies to a devolved Welsh authority.]

(4) A Minister of the Crown may by regulations provide, in relation to a body or other person that is not a public authority but has functions of a public nature and is funded wholly or mainly from public funds, that the body or other person is to be treated as a public authority for the purposes of this section.

(5) Regulations under this section may make provision specifying the person or other entity that is to be treated for the purposes of this section as the employer of a person who is employed by the Crown.

(6) The regulations may—

(a) deem a category of persons holding an office or employment under the Crown (or two or more such categories taken together) to be an entity for the purposes of provision made under subsection (5);

(b) make different provision under subsection (5) for different categories of persons holding an office or employment under the Crown.

(7) Regulations under this section may—

(a) make different provision for different purposes;

(b) make transitional provision in connection with the coming into force of any provision of the regulations;

(c) make consequential provision amending or otherwise modifying contracts of employment or collective agreements.

(8) Regulations under this section are to be made by statutory instrument.

(9) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(10) In this section—

• “trade union subscriptions” means payments to a trade union in respect of a worker's membership of the union;

• “wages” has the same meaning as in Part 2 of the Employment Rights Act 1996 (see section 27);

• “worker” has the same meaning as in that Act.]

Textual Amendments

F5 S. 116B(3A) inserted (E.W.) (13.9.2017) by Trade Union (Wales) Act 2017 (anaw 4), ss. 1(2), 3; S.I. 2017/903, art. 2

Exceptions and adaptations for certain bodies E+W+S

117 Special register bodies. E+W+S

(1) In this section a “special register body” means an organisation whose name appeared in the special register maintained under section 84 of the M1 Industrial Relations Act 1971 immediately before 16 September 1974, and which is a company [F6 registered under the Companies Act 2006] or is incorporated by charter or letters patent.

(2) The provisions of this Part apply to special register bodies as to other trade unions, subject to the following exceptions and adaptations.

(3) In Chapter II (status and property of trade unions)—

(a) in section 10 (quasi-corporate status of trade unions)—

(i) subsections (1) and (2) (prohibition on trade union being incorporated) do not apply, and

(ii) subsection (3) (prohibition on registration under certain Acts) does not apply so far as it relates to registration as a company under [F7 the Companies Act 2006];

(b) section 11 (exclusion of common law rules as to restraint of trade) applies to the purposes or rules of a special register body only so far as they relate to the regulation of relations between employers or employers’ associations and workers;

(c) sections 12 to 14 (vesting of property in trustees; transfer of securities) do not apply; and

(d) in section 20 (liability of trade union in certain proceedings in tort) in subsection (7) the reference to the contract between a member and the other members shall be construed as a reference to the contract between a member and the body.

(4) Sections 33 to 35 (appointment and removal of auditors) do not apply to a special register body which is registered as a company under [F8 the Companies Act 2006]; and sections 36 and 37 (rights and duties of auditors) apply to the auditors appointed by such a body under [F9 Chapter 2 of Part 16 of that Act].

(5) [F10 Sections 45B and 45C (disqualification) and Chapter IV (elections) apply only] to—

(a) the position of voting member of the executive, and

(b) any position by virtue of which a person is a voting member of the executive.

In this subsection “voting member of the executive” has the meaning given by section 46(5).

Textual Amendments

F6 Words in s. 117(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 134(3)(a) (with art. 10)

F7 Words in s. 117(3)(a)(ii) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 134(3)(b) (with art. 10)

F8 Words in s. 117(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 134(3)(c)(i) (with art. 10)

F9 Words in s. 117(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 134(3)(c)(ii) (with art. 10)

F10 Words in s. 117(5) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.61; S.I. 1993/1908, art. 2(1), Sch. 1

Marginal Citations

M1 1971 c. 72.

118 Federated trade unions. E+W+S

(1) In this section a “federated trade union” means a trade union which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of “trade union” in section 1.

(2) The provisions of this Part apply to federated trade unions subject to the following exceptions and adaptations.

(3) For the purposes of section 22 (limit on amount of damages) as it applies to a federated trade union, the members of such of its constituent or affiliated organisations as have their head or main office in Great Britain shall be treated as members of the union.

(4) The following provisions of Chapter III (trade union administration) do not apply to a federated trade union which consists wholly or mainly of representatives of constituent or affiliated organisations—

(a) section 27 (duty to supply copy of rules),

(b) section 28 (duty to keep accounting records),

(c) sections 32 to 37 (annual return, [F11 statement for members,] accounts and audit), F12 . . .

F13 [(ca) sections 37A to 37E (investigation of financial affairs), and]

(d) sections 38 to 42 (members’ superannuation schemes).

[F14 (4A) In the case of a federated trade union which, by virtue of subsection (4), is not required to send an annual return to the Certification Officer under section 32, section 24ZA (duty to provide membership audit certificate) applies as if section 32 does apply to the union.]

(5) Sections 29 to 31 (right of member to access to accounting records) do not apply to a federated trade union which has no members other than constituent or affiliated organisations or representatives of such organisations.

(6) Sections 24 to 26 (register of members’ names and addresses) and Chapter IV (elections for certain trade union positions) do not apply to a federated trade union—

(a) if it has no individual members other than representatives of constituent or affiliated organisations, or

(b) if its individual members (other than such representatives) are all merchant seamen and a majority of them are ordinarily resident outside the United Kingdom.

For this purpose “merchant seaman” means a person whose employment, or the greater part of it, is carried out on board sea-going ships.

(7) The provisions of Chapter VI (application of funds for political objects) apply to a trade union which is in whole or part an association or combination of other unions as if the individual members of the component unions were members of that union and not of the component unions.

But nothing in that Chapter prevents a component union from collecting contributions on behalf of the association or combination from such of its members as are [F15 contributors ] to the political fund of the association or combination.

[F16 (8) In the application of section 116A to a federated trade union, subsection (2) of that section shall be omitted.]

Textual Amendments

F11 Words in s. 118(4)(c) inserted (1.1.1994) by 1993 c. 19, s. 49(2), Sch. 8 para. 62(a); S.I. 1993/1908, art. 2(3), Sch.3

F12 Word in s. 118(4)(c) repealed (30.8.1993) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/1908, art. 2(1), Sch. 1

F13 S. 118(4)(ca) inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 62(b); S.I. 1993/1908, art. 2(1), Sch. 1

F14 S. 118(4A) inserted (6.4.2015 with application in accordance with art. 3 of the commencing S.I.) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 40(4), 45(1)(c); S.I. 2015/717, art. 3(1)(a)

F15 Word in s. 118(7) substituted (1.3.2017) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 10; S.I. 2017/139, reg. 2(n)(i) (with reg. 4)

F16 S. 118(8) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 55(2), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

Interpretation E+W+S

119 Expressions relating to trade unions. E+W+S

In this Act, in relation to a trade union—

• [F17 “agent” means a banker or solicitor of, or any person employed as an auditor by, the union or any branch or section of the union;]

• “branch or section”, except where the context otherwise requires, includes a branch or section which is itself a trade union;

• “executive” means the principal committee of the union exercising executive functions, by whatever name it is called;

• [F17 “financial affairs” means affairs of the union relating to any fund which is applicable for the purposes of the union (including any fund of a branch or section of the union which is so applicable);]

• “general secretary” means the official of the union who holds the office of general secretary or, where there is no such office, holds an office which is equivalent, or (except in section 14(4)) the nearest equivalent, to that of general secretary;

• “officer” includes—

  (a)

  any member of the governing body of the union, and

  (b)

  any trustee of any fund applicable for the purposes of the union;

• “official” means—

  (a)

  an officer of the union or of a branch or section of the union, or

  (b)

  a person elected or appointed in accordance with the rules of the union to be a representative of its members or of some of them,

  and includes a person so elected or appointed who is an employee of the same employer as the members or one or more of the members whom he is to represent;

• “president” means the official of the union who holds the office of president or, where there is no such office, who holds an office which is equivalent, or (except in section 14(4) or Chapter IV) the nearest equivalent, to that of president; and

• “rules”, except where the context otherwise requires, includes the rules of any branch or section of the union.

Textual Amendments

F17 Definitions inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.63; S.I. 1993/1908, art. 2(1), Sch. 1

120 Northern Ireland unions. E+W+S

In this Part a “Northern Ireland union” means a trade union whose principal office is situated in Northern Ireland.

121 Meaning of “the court". E+W+S

In this Part “the court” (except where the reference is expressed to be to the county court or sheriff court) means the High Court or the Court of Session.