Trade Union and Labour Relations (Consolidation) Act 1992
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Meaning of “trade union".
Meaning of “trade union". 1 In this Act a “ trade union ” means an organisation (whether temporary or permanent)— a which consists wholly or mainly of workers of one or more descriptions and whose…
Section 2 — The list of trade unions.
The list of trade unions. 2 1 The Certification Officer shall keep a list of trade unions containing the names of— a the organisations whose names were, immediately before the commencement of this…
Section 3 — Application to have name entered in the list.
Application to have name entered in the list. 3 1 An organisation of workers, whenever formed, whose name is not entered in the list of trade unions may apply to the Certification Officer to have its…
Section 4 — Removal of name from the list.
Removal of name from the list. 4 1 If it appears to the Certification Officer, on application made to him or otherwise, that an organisation whose name is entered in the list of trade unions is not a…
Section 5 — Meaning of “independent trade union".
Meaning of “independent trade union". 5 In this Act an “ independent trade union ” means a trade union which— a is not under the domination or control of an employer or group of employers or of one…
Section 6 — Application for certificate of independence.
Application for certificate of independence. 6 1 A trade union whose name is entered on the list of trade unions may apply to the Certification Officer for a certificate that it is independent. The…
Section 7 — Withdrawal or cancellation of certificate.
Withdrawal or cancellation of certificate. 7 1 The Certification Officer may withdraw a trade union’s certificate of independence if he is of the opinion that the union is no longer independent. 2…
Section 8 — Conclusive effect of Certification Officer’s decision.
Conclusive effect of Certification Officer’s decision. 8 1 A certificate of independence which is in force is conclusive evidence for all purposes that a trade union is independent; and a refusal,…
Section 9 — Appeal against decision of Certification Officer.
Appeal against decision of Certification Officer. 9 1 An organisation aggrieved by the refusal of the Certification Officer to enter its name in the list of trade unions, or by a decision of his to…
Section 10 — Quasi-corporate status of trade unions.
Quasi-corporate status of trade unions. 10 1 A trade union is not a body corporate but— a it is capable of making contracts; b it is capable of suing and being sued in its own name, whether in…
Section 11 — Exclusion of common law rules as to restraint of trade.
Exclusion of common law rules as to restraint of trade. 11 1 The purposes of a trade union are not, by reason only that they are in restraint of trade, unlawful so as— a to make any member of the…
Section 12 — Property to be vested in trustees.
Property to be vested in trustees. 12 1 All property belonging to a trade union shall be vested in trustees in trust for it. 2 A judgment, order or award made in proceedings of any description…
Section 13 — Vesting of property in new trustees.
Vesting of property in new trustees. 13 1 The provisions of this section apply in relation to the appointment or discharge of trustees in whom any property is vested in trust for a trade union whose…
Section 14 — Transfer of securities held in trust for trade union.
Transfer of securities held in trust for trade union. 14 1 In this section— “ instrument of appointment ” means an instrument in writing appointing a new trustee of a trade union whose name is…
Section 15 — Prohibition on use of funds to indemnify unlawful conduct.
Prohibition on use of funds to indemnify unlawful conduct. 15 1 It is unlawful for property of a trade union to be applied in or towards— a the payment for an individual of a penalty which has been…
Section 16 — Remedy against trustees for unlawful use of union property.
Remedy against trustees for unlawful use of union property. 16 1 A member of a trade union who claims that the trustees of the union’s property— a have so carried out their functions, or are…
Section 17 — Nominations by members of trade unions.
Nominations by members of trade unions. 17 1 The Secretary of State may make provision by regulations for enabling members of trade unions who are not under 16 years of age to nominate a person or…
Section 18 — Payments out of union funds on death of member.
Payments out of union funds on death of member. 18 1 The Secretary of State may make provision by regulations for enabling money payable out of the funds of a trade union on the death of a member, to…
Section 19 — Application of certain provisions relating to industrial assurance or friendly societies.
Application of certain provisions relating to industrial assurance or friendly societies. 19 1 Section 99 of the Friendly Societies Act 1992 (insurance of lives of children under 10) applies to a…
Section 20 — Liability of trade union in certain proceedings in tort.
Liability of trade union in certain proceedings in tort. 20 1 Where proceedings in tort are brought against a trade union— a on the ground that an act— i induces another person to break a contract or…
Section 21 — Repudiation by union of certain acts.
Repudiation by union of certain acts. 21 1 An act shall not be taken to have been authorised or endorsed by a trade union by virtue only of paragraph (c) of section 20(2) if it was repudiated by the…
Section 22 — Limit on damages awarded against trade unions in actions in tort.
Limit on damages awarded against trade unions in actions in tort. 22 1 This section applies to any proceedings in tort brought against a trade union, except— a proceedings for personal injury as a…
Section 23 — Restriction on enforcement of awards against certain property.
Restriction on enforcement of awards against certain property. 23 1 Where in any proceedings an amount is awarded by way of damages, costs or expenses— a against a trade union, b against trustees in…
Section 24 — Duty to maintain register of members’ names and addresses.
Duty to maintain register of members’ names and addresses. 24 1 A trade union shall compile and maintain a register of the names and addresses of its members, and shall secure, so far as is…
Section 24A — Securing confidentiality of register during ballots.
Securing confidentiality of register during ballots. 24A 1 This section applies in relation to a ballot of the members of a trade union on— a an election under Chapter IV for a position to which that…
Section 24ZA — Duty to provide membership audit certificate
Duty to provide membership audit certificate 24ZA 1 A trade union required to maintain a register of the names and addresses of its members by section 24 must send to the Certification Officer a…
Section 24B — Enforcement of sections 24 to 24ZC by Certification Officer
Enforcement of sections 24 to 24ZC by Certification Officer 24B 1 Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of section 24,…
Section 24ZB — Duty to appoint an assurer
Duty to appoint an assurer 24ZB 1 A trade union required to maintain a register of the names and addresses of its members by section 24 must, in relation to each reporting period, appoint a qualified…
Section 24C — Enforcement of sections 24ZH and 24ZI by Certification Officer
Enforcement of sections 24ZH and 24ZI by Certification Officer 24C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 24ZC — Appointment and removal of an assurer
Appointment and removal of an assurer 24ZC 1 The rules of every trade union to which section 24ZB applies must contain provision for the appointment and removal of an assurer. But the following…
Section 24ZD — Requirements of assurer's membership audit certificate
Requirements of assurer's membership audit certificate 24ZD 1 For the purposes of section 24ZB(2)(a) the requirements of a membership audit certificate in relation to a reporting period provided by…
Section 24ZE — Rights of assurer
Rights of assurer 24ZE 1 An assurer appointed by a trade union under section 24ZB— a has a right of access at all reasonable times to the register of the names and addresses of the union's members…
Section 24ZF — Duty to inform the Certification Officer
Duty to inform the Certification Officer 24ZF If an assurer provides a membership audit certificate in relation to a reporting period to a trade union which states that, in the assurer's opinion— a…
Section 24ZG — Duty of confidentiality
Duty of confidentiality 24ZG 1 The duty of confidentiality as respects the register is incorporated in an assurer's appointment by a trade union under section 24ZB. 2 The duty of confidentiality as…
Section 24ZH — Power of Certification Officer to require production of documents etc
Power of Certification Officer to require production of documents etc 24ZH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 24ZI — Investigations by inspectors
Investigations by inspectors 24ZI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 24ZJ — Inspectors' reports etc
Inspectors' reports etc 24ZJ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 24ZK — Sections 24ZH and 24ZI: supplementary
Sections 24ZH and 24ZI: supplementary 24ZK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 25 — Remedy for failure: application to Certification Officer.
Remedy for failure: application to Certification Officer. 25 1 A member of a trade union who claims that the union has failed to comply with any of the requirements of section 24 or 24A (duties with…
Section 26 — Remedy for failure: application to court.
Remedy for failure: application to court. 26 1 A member of a trade union who claims that the union has failed to comply with any of the requirements of section 24 or 24A (duties with respect to…
Section 27 — Duty to supply copy of rules.
Duty to supply copy of rules. 27 A trade union shall at the request of any person supply him with a copy of its rules either free of charge or on payment of a reasonable charge.
Section 28 — Duty to keep accounting records.
Duty to keep accounting records. 28 1 A trade union shall— a cause to be kept proper accounting records with respect to its transactions and its assets and liabilities, and b establish and maintain a…
Section 29 — Duty to keep records available for inspection.
Duty to keep records available for inspection. 29 1 A trade union shall keep available for inspection from their creation until the end of the period of six years beginning with the 1st January…
Section 30 — Right of access to accounting records.
Right of access to accounting records. 30 1 A member of a trade union has a right to request access to any accounting records of the union which are available for inspection and relate to periods…
Section 31 — Remedy for failure to comply with request for access.
Remedy for failure to comply with request for access. 31 1 A person who claims that a trade union has failed in any respect to comply with a request made by him under section 30 may apply to the…
Section 32 — Annual return.
Annual return. 32 1 A trade union shall send to the Certification Officer as respects each calendar year a return relating to its affairs. 2 The annual return shall be in such form and be signed by…
Section 32A — Statement to members following annual return.
Statement to members following annual return. 32A 1 A trade union shall take all reasonable steps to secure that, not later than the end of the period of eight weeks beginning with the day on which…
Section 32ZA — Details of industrial action etc to be included in annual return
Details of industrial action etc to be included in annual return 32ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 32ZB — Details of political expenditure to be included in annual return
Details of political expenditure to be included in annual return 32ZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 32ZC — Enforcement of sections 32ZA and 32ZB by Certification Officer
Enforcement of sections 32ZA and 32ZB by Certification Officer 32ZC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .