VadeLab

Trade Union and Labour Relations (Consolidation) Act 1992

Sections and provisions with full text and the judgments that cite each one.

Section 99 — Notice to be given to members.

Notice to be given to members. 99 1 The trade union shall take all reasonable steps to secure that every voting paper which is supplied for voting in the ballot on the resolution to approve the…

Section 100 — Requirement of ballot on resolution.

Requirement of ballot on resolution. 100 1 A resolution approving the instrument of amalgamation or transfer must be passed on a ballot of the members of the trade union held in accordance with…

Section 100A — Appointment of independent scrutineer.

Appointment of independent scrutineer. 100A 1 The trade union shall, before the ballot is held, appoint a qualified independent person (“ the scrutineer ”) to carry out— a the functions in relation…

Section 100B — Entitlement to vote.

Entitlement to vote. 100B Entitlement to vote in the ballot shall be accorded equally to all members of the trade union.

Section 100C — Voting.

Voting. 100C 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 100D — Counting of votes etc. by independent person.

Counting of votes etc. by independent person. 100D 1 The trade union shall ensure that— a the storage and distribution of the voting papers for the purposes of the ballot, and b the counting of the…

Section 100E — Scrutineer’s report.

Scrutineer’s report. 100E 1 The scrutineer’s report on the ballot shall state— a the number of voting papers distributed for the purposes of the ballot, b the number of voting papers returned to the…

Section 101 — Registration of instrument of amalgamation or transfer.

Registration of instrument of amalgamation or transfer. 101 1 An instrument of amalgamation or transfer shall not take effect before it has been registered by the Certification Officer under this…

Section 101A — Listing and certification after amalgamation

Listing and certification after amalgamation 101A 1 Subsection (2) applies if when an instrument of amalgamation is registered by the Certification Officer under this Chapter each of the amalgamating…

Section 101B — Supply of information by amalgamated union

Supply of information by amalgamated union 101B 1 If an instrument of amalgamation is registered under this Chapter by the Certification Officer and the amalgamated union is entered in the list of…

Section 102 — Power to alter rules of transferee union for purposes of transfer.

Power to alter rules of transferee union for purposes of transfer. 102 1 Where a trade union proposes to transfer its engagements to another trade union and an alteration of the rules of the…

Section 103 — Complaint to Certification Officer as regards passing of resolution.

Complaint to Certification Officer as regards passing of resolution. 103 1 A member of a trade union who claims that the union— a has failed to comply with any of the requirements of sections 99 to…

Section 104 — Appeal from decision of Certification Officer.

Appeal from decision of Certification Officer. 104 An appeal lies to the Employment Appeal Tribunal, at the instance of the complainant or the trade union, on any question of law arising in any…

Section 105 — Transfer of property on amalgamation or transfer.

Transfer of property on amalgamation or transfer. 105 1 Where an instrument of amalgamation or transfer takes effect, the property held— a for the benefit of any of the amalgamating unions, or for…

Section 106 — Amalgamation or transfer involving Northern Ireland union.

Amalgamation or transfer involving Northern Ireland union. 106 1 This Chapter has effect subject to the following modifications in the case of an amalgamation or transfer of engagements to which a…

Section 107 — Change of name of trade union.

Change of name of trade union. 107 1 A trade union may change its name by any method expressly provided for by its rules or, if its rules do not expressly provide for a method of doing so, by…

Section 108 — General power to make regulations.

General power to make regulations. 108 1 The Secretary of State may make regulations as respects— a applications to the Certification Officer under this Chapter, b the registration under this Chapter…

Section 108A — Right to apply to Certification Officer.

Right to apply to Certification Officer. 108A 1 A person who claims that there has been a breach or threatened breach of the rules of a trade union relating to any of the matters mentioned in…

Section 108B — Declarations and orders.

Declarations and orders. 108B 1 The Certification Officer may refuse to accept an application under section 108A unless he is satisfied that the applicant has taken all reasonable steps to resolve…

Section 108C — Appeals from Certification Officer.

Appeals from Certification Officer. 108C 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…

Section 109 — Proceedings in relation to which assistance may be provided.

Proceedings in relation to which assistance may be provided. 109 1 This Chapter applies to proceedings or prospective proceedings to the extent that they consist in, or arise out of— a an application…

Section 110 — Application for assistance: its consideration.

Application for assistance: its consideration. 110 1 An individual who is an actual or prospective party to proceedings to which this Chapter applies may apply to the Commissioner for the Rights of…

Section 111 — Provision of assistance.

Provision of assistance. 111 1 If the Commissioner decides to provide assistance, he shall, as soon as reasonably practicable after making the decision— a notify the applicant, stating the extent of…

Section 112 — Title of proceedings where assistance provided.

Title of proceedings where assistance provided. 112 1 Where a person is receiving assistance in relation to proceedings, there shall, if he so wishes, be added after his name in the title of the…

Section 113 — Recovery of sums paid in case of fraud.

Recovery of sums paid in case of fraud. 113 1 Where the Commissioner grants an application to a person who for the purposes of the application— a has made a statement which he knew to be false in a…

Section 114 — Supplementary provisions.

Supplementary provisions. 114 1 Nothing in this Chapter affects the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address the court in any…

Section 115 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Section 116 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Section 116A — Provision of money for union modernisation

Provision of money for union modernisation 116A 1 The Secretary of State may provide money to a trade union to enable or assist it to do any or all of the following— a improve the carrying out of any…

Section 116B — Restriction on deduction of union subscriptions from wages in public sector

Restriction on deduction of union subscriptions from wages in public sector 116B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 117 — Special register bodies.

Special register bodies. 117 1 In this section a “ special register body ” means an organisation whose name appeared in the special register maintained under section 84 of the Industrial Relations…

Section 118 — Federated trade unions.

Federated trade unions. 118 1 In this section a “ federated trade union ” means a trade union which consists wholly or mainly of constituent or affiliated organisations, or representatives or such…

Section 119 — Expressions relating to trade unions.

Expressions relating to trade unions. 119 In this Act, in relation to a trade union— “ agent ” means a banker or solicitor of, or any person employed as an auditor by, the union or any branch or…

Section 120 — Northern Ireland unions.

Northern Ireland unions. 120 In this Part a “ Northern Ireland union ” means a trade union whose principal office is situated in Northern Ireland.

Section 121 — Meaning of “the court".

Meaning of “the court". 121 In this Part “ the court ” (except where the reference is expressed to be to the county court or sheriff court) means the High Court or the Court of Session.

Section 122 — Meaning of “employers’ association".

Meaning of “employers’ association". 122 1 In this Act an “ employers’ association ” means an organisation (whether temporary or permanent)— a which consists wholly or mainly of employers or…

Section 123 — The list of employers’ associations.

The list of employers’ associations. 123 1 The Certification Officer shall keep a list of employers’ associations containing the names of— a the organisations whose names were, immediately before the…

Section 124 — Application to have name entered in the list.

Application to have name entered in the list. 124 1 An organisation of employers, whenever formed, whose name is not entered in the list of employers’ associations may apply to the Certification…

Section 125 — Removal of name from the list.

Removal of name from the list. 125 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 employers’…

Section 126 — Appeal against decision of Certification Officer.

Appeal against decision of Certification Officer. 126 1 An organisation aggrieved by the refusal of the Certification Officer to enter its name in the list of employers’ associations, or by a…

Section 127 — Corporate or quasi-corporate status of employers’ associations.

Corporate or quasi-corporate status of employers’ associations. 127 1 An employers’ association may be either a body corporate or an unincorporated association. 2 Where an employers’ association is…

Section 128 — Exclusion of common law rules as to restraint of trade.

Exclusion of common law rules as to restraint of trade. 128 1 The purposes of an unincorporated employers’ association and, so far as they relate to the regulation of relations between employers and…

Section 129 — Property of unincorporated employers’ associations, &c.

Property of unincorporated employers’ associations, &c. 129 1 The following provisions of Chapter II of Part I of this Act apply to an unincorporated employers’ association as in relation to a trade…

Section 130 — Restriction on enforcement of awards against certain property.

Restriction on enforcement of awards against certain property. 130 1 Where in any proceedings an amount is awarded by way of damages, costs or expenses— a against an employers’ association, b against…

Section 131 — Administrative provisions applying to employers’ associations.

Administrative provisions applying to employers’ associations. 131 1 The following provisions of Chapter III of Part I of this Act apply to an employers’ association as in relation to a trade union—…

Section 132 — Application of funds for political objects.

Application of funds for political objects. 132 (1) Subject to subsections (2) to (5), the provisions of Chapter VI of Part I of this Act (application of funds for political objects) apply to an…

Section 133 — Amalgamations and transfers of engagements.

Amalgamations and transfers of engagements. 133 1 Subject to subsection (2), the provisions of Chapter VII of Part I of this Act (amalgamations and similar matters) apply to unincorporated employers’…

Section 134 — Change of name of employers’ association.

Change of name of employers’ association. 134 1 An unincorporated employers’ association may change its name by any method expressly provided for by its rules or, if its rules do not expressly…

Section 135 — Federated employers’ associations.

Federated employers’ associations. 135 1 In this section a “ federated employers’ association ” means a employers’ association which consists wholly or mainly of constituent or affiliated…

Section 136 — Meaning of “officer" of employers’ association.

Meaning of “officer" of employers’ association. 136 In this Act “ officer ”, in relation to an employers’ association, includes— a any member of the governing body of the association, and b any…