Trade Union and Labour Relations (Consolidation) Act 1992

Restriction on use of funds for certain political objects U.K.

71 Restriction on use of funds for political objects. U.K.

(1) The funds of a trade union shall not be applied in the furtherance of the political objects to which this Chapter applies unless—

(a) there is in force in accordance with this Chapter a resolution (a “political resolution”) approving the furtherance of those objects as an object of the union (see sections 73 to 81), and

(b) there are in force rules of the union as to—

(i) the making of payments in furtherance of those objects out of a separate fund, and

[F1 (ii) the making of contributions to that fund by members,]

which comply with this Chapter (see sections 82, 84 and 85) and have been approved by the Certification Officer.

(2) This applies whether the funds are so applied directly, or in conjunction with another trade union, association or body, or otherwise indirectly.

Textual Amendments

F1 S. 71(1)(b)(ii) substituted (1.3.2017) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 5; S.I. 2017/139, reg. 2(n)(i) (with reg. 4)

72 Political objects to which restriction applies. U.K.

(1) The political objects to which this Chapter applies are the expenditure of money—

(a) on any contribution to the funds of, or on the payment of 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.

(2) 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 (1)(e), be taken to be expenditure incurred on the holding of the conference or meeting.

(3) In determining for the purposes of subsection (1) 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.

(4) 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 an election to a political office;

• “film” includes any record, however made, of a sequence of visual images, which is capable of being used as a means of showing that sequence as a moving picture;

• “local authority” means a local authority within the meaning of section 270 of the M1 Local Government Act 1972 or section 235 of the M2 Local Government (Scotland) Act 1973; and

• “political office” means the office of member of Parliament, member of the European Parliament or member of a local authority or any position within a political party.

Marginal Citations

M1 1972. c.70

M2 1973 c.65

[F2 72A Application of funds in breach of section 71. U.K.

(1) A person who is a member of a trade union and who claims that it has applied its funds in breach of section 71 may apply to the Certification Officer for a declaration that it has done [F3 so; but the Certification Officer may also exercise the powers under this section where no application is made.]

[F4 (1A) Where an application is made under subsection (1), the Certification Officer must ensure that, so far as is reasonably practicable, it is determined within six months of being made.]

[F5 (2) Where the Certification Officer is satisfied that a trade union has applied its funds in breach of section 71, the Officer may make a declaration to that effect.

(2A) Before deciding the matter the Certification Officer—

(a) may make such enquiries as the Officer thinks fit,

(b) must give the union and the applicant (if any) an opportunity to make written representations, and

(c) may give the union and the applicant (if any) an opportunity to make oral representations.

(2B) The Certification Officer—

(a) must give reasons for the Officer's decision in writing, and

(b) may make written observations on any matter arising from, or connected with, the proceedings.]

(3) If he makes a declaration he shall specify in it—

(a) the provisions of section 71 breached, and

(b) the amount of the funds applied in breach.

(4) If he makes a declaration and is satisfied that the union has taken or agreed to take steps with a view to—

(a) remedying the declared breach, or

(b) securing that a breach of the same or any similar kind does not occur in future,

he shall specify those steps in making the declaration.

(5) If he makes a declaration he may make such order for remedying the breach as he thinks just under the circumstances.

(6) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination F6 ... notwithstanding that the information has not been furnished to him by the specified date.

(7) A declaration made by the Certification Officer under this section may be relied on as if it were a declaration made by the court.

(8) Where an order has been made under this section, any person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if he had made [F7 an application under this section].

(9) An order made by the Certification Officer under this section may be enforced [F8 (by the Certification Officer, the applicant or a person mentioned in subsection (8))] in the same way as an order of the court.

(10) If a person applies to the Certification Officer under this section in relation to an alleged breach he may not apply to the court in relation to the breach; but nothing in this subsection shall prevent such a person from exercising any right to appeal against or challenge the Certification Officer’s decision on the application to him.

(11) If—

(a) a person applies to the court in relation to an alleged breach, and

(b) the breach is one in relation to which he could have made an application to the Certification Officer under this section,

he may not apply to the Certification Officer under this section in relation to the breach.]

Textual Amendments

F2 S. 72A inserted (25.10.1999) by 1999 c. 26, s. 29, Sch. 6 paras. 1, 13; S.I. 1999/2830, art. 2(1), Sch. 1 Pt. I (with Sch. 3 para. 5)

F3 Words in s. 72A(1) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 4(2); S.I. 2021/1373, reg. 4(b) (with reg. 10)

F4 S. 72A(1A) inserted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 4(3); S.I. 2021/1373, reg. 4(b) (with reg. 10)

F5 S. 72A(2)-(2B) substituted for s. 72A(2) (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 4(4); S.I. 2021/1373, reg. 4(b) (with reg. 10)

F6 Words in s. 72A(6) omitted (1.4.2022) by virtue of Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 4(5); S.I. 2021/1373, reg. 4(b) (with reg. 10)

F7 Words in s. 72A(8) substituted (1.4.2022) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 2 para. 4(6); S.I. 2021/1373, reg. 4(b) (with reg. 10)

F8 Words in s. 72A(9) inserted (1.4.2022) by Trade Union Act 2016 (c. 15), ss. 19(4), 25(1); S.I. 2021/1373, reg. 4(c) (with reg. 15)