Transport Salaried Staffs' Association (Amendment of Rules) Act 2000

2000 CHAPTER v

An Act to enact provisions relating to the amendment of the rules of the Transport Salaried Staffs' Association, and for other purposes.

[9th March 2000]

WHEREAS—

(1)

The Transport Salaried Staffs' Association (hereinafter referred to as “the Association”) is a trade union within the meaning of section 1 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992:

(2)

The Association was founded in 1897 as the National Association of General Railway Clerks and has approximately 35,000 members and is an association of persons primarily comprising managerial, salaried, technical and other employees in the transport and travel industries:

(3)

Clause (a) of rule 10 of the Association’s rules (hereinafter referred to as “the rules”) provides that with effect from 1st January 1969, a Provident Benefit Fund shall be formed into which shall be paid the whole of the investment income of the Association as defined in clause (c) of rule 10 and further provides that the Provident Benefit Fund shall be applicable and applied solely for the purpose of provident benefits:

(4)

By clause (c) of rule 10 of the rules the expression “provident benefits” is defined as such provident benefits, being within section 440(2) of the [1952 c. 10.] Income Tax Act 1952, as are provided for by the rules and it further provides that the expression “investment income” shall include income from interest and dividends on stocks, shares, debentures and investments of a like nature, mortgages and bank deposits and net rents from freehold or leasehold property of the Association but it shall not include income from unit trusts:

(5)

Clause (d) of rule 10 of the rules provides that clauses (a) and (c) of the said rule 10 shall not be capable of alteration, amendment or rescission:

(6)

Rule 48 of the rules also provides that clauses (a) and (c) of rule 10 shall not be capable of alteration, amendment or rescission:

(7)

The effect of the aforementioned rules is that the greater part of the Association’s income from sources other than membership subscription is applied to the Provident Benefit Fund:

(8)

The demand on the Provident Benefit Fund has for many years been insubstantial in comparison with the amount of the Provident Benefit Fund and the result is that the Provident Benefit Fund has grown to a sum which is more than enough to provide provident benefits to the Association’s members and their dependents for many years to come:

(9)

Whilst the Provident Benefit Fund has increased over the years the membership of the Association has declined in number as a result of which the amount being applied to the general fund of the Association primarily comprising monthly subscriptions from the members is currently insufficient to meet the day to day expenses of the Association apart from payments of provident benefits:

(10)

In these circumstances it is expedient and would be in the public interest that amendments be made to certain of the rules enabling rule 10 of the rules to be amended in order that income which would otherwise be applied to the Provident Benefit Fund may be applied by the Association from time to time to meet expenses other than the application of provident benefits:

(11)

It is expedient that the other provisions contained in this Act should be enacted:

(12)

The purposes of this Act cannot be effected without the authority of Parliament:

May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Short title

This Act may be cited as the Transport Salaried Staffs' Association (Amendment of Rules) Act 2000.

2 Interpretation

In this Act, unless the subject or context otherwise requires—

• “the Association” means the Transport Salaried Staffs' Association;

• “the rules” means the rules of the Association;

• “the Provident Benefit Fund” means the Association’s Provident Benefit Fund formed under clause (a) of rule 10 of the rules.

3 Amendment of Association’s rules

(1) Rule 10 (Provident Benefit Fund and Benevolent Fund) of the rules is hereby amended by the deletion of clause (d).

(2) Rule 48 (Alteration of rules) of the rules is hereby amended by the deletion of the words “clauses (a) and (c) of rule 10 shall not be capable of alteration, amendment or rescission.”.

4 Costs of Act

The costs, charges and expenses preliminary to, and of and incidental to, the preparing, applying for, obtaining and passing of this Act, or otherwise in relation thereto, shall be paid by the Association and may be paid out of the Provident Benefit Fund.