The Industrial Relations (Northern Ireland) Order 1992

Position where resolution has ceased to have effect

63.—(1) Where on the holding of a ballot a resolution has ceased to have effect by virtue of paragraph (9) of Article 57, in the circumstances mentioned in sub-paragraph (b) of that paragraph, the trade union may at any time before the expiry of the period of six months beginning with the date on which the ballot was held make payments out of the political fund as if the resolution were still in force.

(2) Nothing in paragraph (1) shall be taken to authorise any payment which would cause the political fund to be in deficit or would increase any deficit in the fund.

(3) On a resolution ceasing to have effect, the trade union—

(a) shall take such steps as are necessary to ensure that the collection of contributions to the political fund is discontinued as soon as is reasonably practicable; and

(b) may, notwithstanding any of its rules, pay any such contribution which is received by it after the date of cessation into any of its other funds.

(4) Where a resolution has ceased to have effect but the trade union has continued to collect contributions to the political fund from any of its members, it shall pay to any member who applies to it for a refund of his contribution the amount collected from him by way of such a contribution after the date of cessation.

(5) Where a resolution has ceased to have effect, any contributions to the political fund paid to the union or to any person on behalf of the union, before the date of cessation, may be paid into the political fund notwithstanding Article 62(2)(a).

(6) Where a resolution has ceased to have effect, any provision made by any rule of the trade union for the purpose of complying with this Part shall cease to have effect—

(a) in a case where the resolution has ceased to have effect by virtue of paragraph (9) of Article 57 in the circumstances mentioned in sub-paragraph (b) of that paragraph, on the date on which the period of six months beginning with the date on which the ballot was held expires; and

(b) in any other case, on the date of cessation.

(7) Nothing in paragraph (6) shall be taken to affect—

(a) any provision made by any rule of the union which is required to enable the union’s political fund to be administered at a time when there is no resolution in force with respect to the union;

(b) the operation of Article 57(3) in relation to any breach occurring before the date on which the rule in question ceased to have effect.

(8) Where a resolution has ceased to have effect, a member of the trade union who has at any time not been a contributor to the political fund of the union shall not, by reason of his not having been a contributor, be—

(a) excluded from any benefits of the union; or

(b) 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).

(9) Where, at any time after a resolution has ceased to have effect—

(a) the trade union holds a ballot; and

(b) the result of the ballot is that a new resolution is passed,

no property which immediately before the date of the ballot was held by or on behalf of the union otherwise than in its political fund, and no sums representing any such property, shall be added to that fund.

(10) Where a resolution ceases to have effect but immediately afterwards there is a new resolution in force with respect to the trade union, the cessation of the old resolution shall be disregarded for the purposes of this Article.

(11) In this Article “date of cessation” means the date on which the resolution which was last in force ceased to have effect.