Trade Union and Labour Relations (Consolidation) Act 1992
Sections and provisions with full text and the judgments that cite each one.
Section 33 — Duty to appoint auditors.
Duty to appoint auditors. 33 1 A trade union shall in respect of each accounting period appoint an auditor or auditors to audit the accounts contained in its annual return. 2 An “ accounting period ”…
Section 34 — Eligibility for appointment as auditor.
Eligibility for appointment as auditor. 34 1 A person is not qualified to be the auditor or one of the auditors of a trade union unless he is eligible for appointment as a statutory auditor under…
Section 35 — Appointment and removal of auditors.
Appointment and removal of auditors. 35 1 The rules of every trade union shall contain provision for the appointment and removal of auditors. But the following provisions have effect notwithstanding…
Section 36 — Auditors’ report.
Auditors’ report. 36 1 The auditor or auditors of a trade union shall make a report to it on the accounts audited by him or them and contained in its annual return. 1A The report shall state the…
Section 37 — Rights of auditors.
Rights of auditors. 37 1 Every auditor of a trade union— a has a right of access at all times to its accounting records and to all other documents relating to its affairs, and b is entitled to…
Section 37A — Power of Certification Officer to require production of documents etc.
Power of Certification Officer to require production of documents etc. 37A 1 The Certification Officer may at any time, if he thinks there is good reason to do so, give directions to a trade union,…
Section 37B — Investigations by inspectors.
Investigations by inspectors. 37B 1 The Certification Officer may appoint one or more members of his staff or other persons as an inspector or inspectors to investigate the financial affairs of a…
Section 37C — Inspectors’ reports etc.
Inspectors’ reports etc. 37C 1 An inspector or inspectors appointed under section 37B— a may, and if so directed by the Certification Officer shall, make interim reports, and b on the conclusion of…
Section 37D — Expenses of investigations.
Expenses of investigations. 37D 1 The expenses of an investigation under section 37B shall be defrayed in the first instance by the Certification Officer. 2 For the purposes of this section there…
Section 37E — Sections 37A and 37B: supplementary.
Sections 37A and 37B: supplementary. 37E 1 Where— a a report of the auditor or auditors of a trade union, or a branch or section of a trade union, on the accounts audited by him or them and contained…
Section 38 — Members’ superannuation schemes: separate fund to be maintained.
Members’ superannuation schemes: separate fund to be maintained. 38 1 In the following provisions a “ members’ superannuation scheme ” means any scheme or arrangement made by or on behalf of a trade…
Section 39 — Examination of proposals for new scheme.
Examination of proposals for new scheme. 39 1 A trade union shall not begin to maintain a members’ superannuation scheme unless, before the date on which the scheme begins to be maintained— a the…
Section 40 — Periodical re-examination of existing schemes.
Periodical re-examination of existing schemes. 40 1 Where a trade union maintains a members’ superannuation scheme, it shall arrange for the scheme to be examined periodically by an appropriately…
Section 41 — Powers of the Certification Officer.
Powers of the Certification Officer. 41 1 The Certification Officer may, on the application of a trade union— a exempt a members’ superannuation scheme which the union proposes to maintain from the…
Section 42 — Meaning of “appropriately qualified actuary".
Meaning of “appropriately qualified actuary". 42 In sections 39 and 40 an “ appropriately qualified actuary ” means a person who is either— a a Fellow of the Institute of Actuaries, or b a Fellow of…
Section 43 — Newly-formed trade unions.
Newly-formed trade unions. 43 1 The following provisions of this Chapter do not apply to a trade union which has been in existence for less than twelve months— a section 27 (duty to supply copy of…
Section 44 — Discharge of duties in case of union having branches or sections.
Discharge of duties in case of union having branches or sections. 44 1 The following provisions apply where a trade union consists of or includes branches or sections. 2 Any duty falling upon the…
Section 45 — Offences.
Offences. 45 1 If a trade union refuses or wilfully neglects to perform a duty imposed on it by or under any of the provisions of— section 27 (duty to supply copy of rules), sections 28 to 30…
Section 45A — Penalties and prosecution time limits.
Penalties and prosecution time limits. 45A 1 A person guilty of an offence under section 45 is liable on summary conviction— a in the case of an offence under subsection (1) or (5), to a fine not…
Section 45B — Duty to secure positions not held by certain offenders.
Duty to secure positions not held by certain offenders. 45B 1 A trade union shall secure that a person does not at any time hold a position in the union to which this section applies if— a within the…
Section 45C — Remedies and enforcement.
Remedies and enforcement. 45C 1 A member of a trade union who claims that the union has failed to comply with the requirement of section 45B may apply to the Certification Officer or to the court for…
Section 45D — Appeals from Certification Officer.
Appeals from Certification Officer. 45D An appeal lies to the Employment Appeal Tribunal on any question of law arising in proceedings before or arising from any decision of the Certification Officer…
Section 46 — Duty to hold elections for certain positions.
Duty to hold elections for certain positions. 46 1 A trade union shall secure— a that every person who holds a position in the union to which this Chapter applies does so by virtue of having been…
Section 47 — Candidates.
Candidates. 47 1 No member of the trade union shall be unreasonably excluded from standing as a candidate. 2 No candidate shall be required, directly or indirectly, to be a member of a political…
Section 48 — Election addresses.
Election addresses. 48 1 The trade union shall— a provide every candidate with an opportunity of preparing an election address in his own words and of submitting it to the union to be distributed to…
Section 49 — Appointment of independent scrutineer.
Appointment of independent scrutineer. 49 1 The trade union shall, before the election is held, appoint a qualified independent person (“ the scrutineer ”) to carry out— a the functions in relation…
Section 50 — Entitlement to vote.
Entitlement to vote. 50 1 Subject to the provisions of this section, entitlement to vote shall be accorded equally to all members of the trade union. 2 The rules of the union may exclude entitlement…
Section 51 — Voting.
Voting. 51 1 The method of voting must be by the marking of a voting paper by the person voting. 2 Each voting paper must— a state the name of the independent scrutineer and clearly specify the…
Section 51A — Counting of votes etc. by independent person.
Counting of votes etc. by independent person. 51A 1 The trade union shall ensure that— a the storage and distribution of the voting papers for the purposes of the election, and b the counting of the…
Section 52 — Scrutineer’s report.
Scrutineer’s report. 52 1 The scrutineer’s report on the election shall state— a the number of voting papers distributed for the purposes of the election, b the number of voting papers returned to…
Section 53 — Uncontested elections.
Uncontested elections. 53 Nothing in this Chapter shall be taken to require a ballot to be held at an uncontested election.
Section 54 — Remedy for failure to comply with requirements: general.
Remedy for failure to comply with requirements: general. 54 1 A person alleging a failure on the part of a trade union to comply with any of the requirements of this Chapter may apply for— a a…
Section 55 — Application to Certification Officer.
Application to Certification Officer. 55 1 Where the Certification Officer is satisfied that a trade union has failed to comply with any of the requirements of this Chapter ... — a on an application…
Section 56 — Application to court.
Application to court. 56 1 A person having a sufficient interest (see section 54(2)) who claims that a trade union has failed to comply with any of the requirements of this Chapter may apply to the…
Section 56A — Appeals from Certification Officer.
Appeals from Certification Officer. 56A An appeal lies to the Employment Appeal Tribunal on any question of law arising in proceedings before or arising from any decision of the Certification Officer…
Section 57 — Exemption of newly-formed trade unions, &c.
Exemption of newly-formed trade unions, &c. 57 1 The provisions of this Chapter do not apply to a trade union until more than one year has elapsed since its formation (by amalgamation or otherwise).…
Section 58 — Exemption of certain persons nearing retirement.
Exemption of certain persons nearing retirement. 58 1 Section 46(1)(b) (requirement of re-election) does not apply to a person holding a position to which this Chapter applies if the following…
Section 59 — Period for giving effect to election.
Period for giving effect to election. 59 Where a person holds a position to which this Chapter applies immediately before an election at which he is not re-elected to that position, nothing in this…
Section 60 — Overseas members.
Overseas members. 60 1 A trade union which has overseas members may choose whether or not to accord any of those members entitlement to vote at an election for a position to which this Chapter…
Section 61 — Other supplementary provisions.
Other supplementary provisions. 61 1 For the purposes of this Chapter the date on which a contested election is held shall be taken, in the case of an election in which votes may be cast on more than…
Section 62 — Right to a ballot before industrial action.
Right to a ballot before industrial action. 62 1 A member of a trade union who claims that members of the union, including himself, are likely to be or have been induced by the union to take part or…
Section 63 — Right not to be denied access to the courts.
Right not to be denied access to the courts. 63 1 This section applies where a matter is under the rules of a trade union required or allowed to be submitted for determination or conciliation in…
Section 64 — Right not to be unjustifiably disciplined.
Right not to be unjustifiably disciplined. 64 1 An individual who is or has been a member of a trade union has the right not to be unjustifiably disciplined by the union. 2 For this purpose an…
Section 65 — Meaning of “unjustifiably disciplined".
Meaning of “unjustifiably disciplined". 65 1 An individual is unjustifiably disciplined by a trade union if the actual or supposed conduct which constitutes the reason, or one of the reasons, for…
Section 66 — Complaint of infringement of right.
Complaint of infringement of right. 66 1 An individual who claims that he has been unjustifiably disciplined by a trade union may present a complaint against the union to an employment tribunal . 2…
Section 67 — Further remedies for infringement of right.
Further remedies for infringement of right. 67 1 An individual whose complaint under section 66 has been declared to be well-founded may make an application to an employment tribunal for one or both…
Section 68 — Right not to suffer deduction of unauthorised subscriptions
Right not to suffer deduction of unauthorised subscriptions 68 1 Where arrangements (“subscription deduction arrangements") exist between the employer of a worker and a trade union relating to the…
Section 68A — Complaint of infringement of rights.
Complaint of infringement of rights. 68A 1 A worker may present a complaint to an employment tribunal that his employer has made a deduction from his wages in contravention of section 68— a within…
Section 69 — Right to terminate membership of union.
Right to terminate membership of union. 69 In every contract of membership of a trade union, whether made before or after the passing of this Act, a term conferring a right on the member, on giving…
Section 70 — Membership of constituent or affiliated organisation.
Membership of constituent or affiliated organisation. 70 In this Chapter “ member ”, in relation to a trade union consisting wholly or partly of, or of representatives of, constituent or affiliated…