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The Industrial Relations (Northern Ireland) Order 1992

1992/807 · Made 16 March 1992 · Extends to Northern Ireland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 8 December 2020.

See the changes not yet applied
ProvisionChangeMade by
Instrumentrestr (pt retrosp)Criminal Justice and Public Order Act 1994 s. 126(1) (2)(b)(4)
InstrumentexclCriminal Justice and Public Order Act 1994 s. 127(8)

16th March 1992

Annotations to the whole text

Textual amendments

F1

functions transf. SR 1999/481

Contents

  1. Part I: INTRODUCTORY
  2. 1Title and commencement
  3. 2Interpretation
  4. Part II: DEFINITION, STATUS AND GENERAL REGULATION OF TRADE UNIONS AND EMPLOYERS' ASSOCIATIONS
  5. Definition and status
  6. 3Definition and status of trade union
  7. 4Definition and status of employers' association
  8. Listing and certification
  9. 5Lists of trade unions and employers' associations
  10. 6Certification as independent trade union
  11. Property
  12. 7Property of trade unions and unincorporated employers' associations
  13. 8Use of trade union funds for indemnifying unlawful conduct
  14. 9Remedy against trustees of trade union for unlawful use of property
  15. Records and returns
  16. 10Duty to keep accounting records
  17. 11Duties as to annual returns, auditors and members' superannuation schemes
  18. 11AStatement to members following annual return
  19. 12Returns, etc., by trade unions and employers' associations outside Northern Ireland
  20. Investigation of financial affairs
  21. 12APower of Certification Officer to require production of documents etc.
  22. 12BInvestigations by inspectors
  23. 12CInspectors' reports etc.
  24. 12DExpenses of investigations
  25. 12EArticles 12A and 12B: supplementary
  26. 13Offences
  27. 13APenalties and prosecution time limits
  28. 13BDuty to secure positions not held by certain offenders
  29. 13CRemedies and enforcement
  30. Application of existing statutory provisions
  31. 14Application of existing statutory provisions
  32. Part III: RESTRICTIONS ON LEGAL LIABILITY AND LEGAL PROCEEDINGS
  33. Restrictions on legal liability
  34. Legal proceedings involving trade unions and employers' associations
  35. 21Liability of trade union in certain proceedings in tort
  36. 21ARepudiation by union of certain acts
  37. 22Limit on damages awarded against trade unions in actions in tort
  38. 23Recovery of sums awarded in proceedings involving trade unions and employers' associations
  39. Restrictions on powers of court
  40. Enforceability of collective agreements
  41. 26Enforceability of collective agreements
  42. Union membership or recognition requirements in contracts
  43. 27Prohibition on union membership requirements
  44. 28Prohibition on union recognition requirements
  45. IVRIGHTS OF TRADE UNION MEMBERS
  46. 37Right to inspect union's accounting records
  47. Part V: DISCLOSURE OF INFORMATION
  48. 39General duty of employers to disclose information
  49. 40Restrictions on general duty under Article 39
  50. 41Complaint of failure to disclose information
  51. 42Further complaint arising from failure to disclose information
  52. 43Determination of claim and award
  53. Part
  54. Part IX: THE CERTIFICATION OFFICER AND THE COMMISSIONER FOR THE RIGHTS OF TRADE UNION MEMBERS
  55. The Certification Officer for Northern Ireland
  56. 69The Certification Officer for Northern Ireland
  57. 70Procedure before, and appeals from, Certification Officer
  58. 70ZAStriking Out
  59. 70AVexatious litigants
  60. 70BVexatious litigants: applications disregarded
  61. Part
  62. Part XI: MACHINERY FOR PROMOTING IMPROVEMENT OF INDUSTRIAL RELATIONS
  63. The Labour Relations Agency
  64. 82Constitution of the Labour Relations Agency
  65. 83General function of the Agency
  66. 84Functions of the Agency in relation to trade disputes
  67. 84AAInformation required by the Agency for purposes of settling recognition disputes
  68. 84AArbitration scheme for unfair dismissal cases etc.
  69. 84BDismissal procedures agreements
  70. 85Notification of procedural agreements
  71. 86Review of collective bargaining arrangements
  72. 87Industrial relations training
  73. 88Industrial relations research
  74. 89Advice
  75. 90Codes of Practice
  76. 90AAEffect of failure to comply with Code: adjustment of awards
  77. 90AFees for exercise of functions by the Agency
  78. 90BProhibition on disclosure of information
  79. The Industrial Court
  80. 91The Industrial Court
  81. 91AThe members of the Court
  82. 92Proceedings of the Court
  83. 92AProceedings of the Court under Schedule 1A to the Trade Union and Labour Relations Order
  84. Courts of inquiry
  85. 93Court of inquiry into trade dispute
  86. 94Procedure of court of inquiry
  87. Issue by Department of Codes of Practice
  88. 95Issue by Department of Codes of Practice
  89. Meaning of “trade dispute” in Part XI
  90. 96Meaning of “trade dispute” in Part XI
  91. Part XII: MISCELLANEOUS AND SUPPLEMENTARY
  93. Nominations by members of trade union
  94. 104Nominations by members of trade union
  95. Crown employees and contracts, etc.
  96. 105Crown employees and contracts, etc.
  97. Restrictions on contracting out
  98. 105ARestrictions on contracting out
  99. Supplementary
  100. 107Orders and regulations
  101. Schedule 1: ADMINISTRATIVE PROVISIONS RELATING TO TRADE UNIONS AND EMPLOYERS' ASSOCIATIONS
  102. Part I: ANNUAL RETURNS, AND QUALIFICATIONS, APPOINTMENT AND REMOVAL, AND FUNCTIONS, OF AUDITORS
  103. Annual returns
  104. 1Paragraph 1
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. 4Paragraph 4
  108. 4AParagraph 4A
  109. 5Paragraph 5
  110. Qualifications of auditors
  111. 6Paragraph 6
  112. 9Paragraph 9
  113. 10Paragraph 10
  114. Appointment and removal of auditors
  115. 11Paragraph 11
  116. 12Paragraph 12
  117. 13Paragraph 13
  118. 14Paragraph 14
  119. 15Paragraph 15
  120. Auditor's right of access to books and information and right to be heard at meetings
  121. 16Paragraph 16
  122. 17Paragraph 17
  123. Auditor's reports
  124. 18Paragraph 18
  125. 18AParagraph 18A
  126. 19Paragraph 19
  127. 20Paragraph 20
  128. 21Paragraph 21
  129. 22Paragraph 22
  130. Part II: MEMBERS' SUPERANNUATION SCHEMES
  131. Examination of superannuation schemes
  132. 23Paragraph 23
  133. 24Paragraph 24
  134. 25Paragraph 25
  135. 26Paragraph 26
  136. 27Paragraph 27
  137. 28Paragraph 28
  138. 29Paragraph 29
  139. 30Paragraph 30
  140. 31Paragraph 31
  141. Periodical re-examination of schemes
  142. 32Paragraph 32
  143. 33Paragraph 33
  144. 34Paragraph 34
  145. 35Paragraph 35
  146. Separate fund for members' superannuation scheme
  147. 36Paragraph 36
  148. 37Paragraph 37
  149. Interpretation of Part II
  150. 38Paragraph 38
  151. Schedule Schedule
  152. Schedule 4: THE LABOUR RELATIONS AGENCY
  153. Part I: THE CONSTITUTION OF THE AGENCY
  154. 1Paragraph 1
  155. 2Paragraph 2
  156. 3Paragraph 3
  157. 4Paragraph 4
  158. 5Paragraph 5
  159. 6Paragraph 6
  160. Part II: SUPPLEMENTARY PROVISIONS AS TO THE AGENCY
  161. Members
  162. 7Paragraph 7
  163. 8Paragraph 8
  164. Panel of advisers
  165. 9Paragraph 9
  166. The seal
  167. 10Paragraph 10
  168. Execution of contracts and instruments not under seal
  169. 11Paragraph 11
  170. Staff
  171. 12Paragraph 12
  172. 13Paragraph 13
  173. Financial provision
  174. 14Paragraph 14
  175. Accounts and audit
  176. 15Paragraph 15
  177. Reports
  178. 16Paragraph 16
  179. Schedule 4A: TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 90AA APPLIES
  180. Paragraph
  181. Schedule Schedule