Section 7 Exemption for certain trade unions.

England, Wales and Scotland

(1)

This Part does not apply to any trade unions which—

(a)

falls within section 28(1)(b) of the 1974 Act (unions which consist wholly or mainly of, or of representatives of, constituent or affiliated organisations); and

(b)

has no members (other than such representatives) who are individuals.

(2)

Subsection (1)(b) above shall not apply where—

(a)

a trade union has members (“special members”) who are individuals but who are not such representatives as are mentioned in subsection (1)(a) above; and

(b)

the conditions mentioned in subsection (3) below are satisfied.

(3)

The conditions are that—

(a)

all of the special members are merchant seamen;

(b)

a majority of the special members are ordinarily resident outside the United Kingdom.

(4)

This Part does not apply to a trade union at any time when the conditions mentioned in subsection (5) below are satisfied in relation to it.

(5)

The conditions are that—

(a)

the trade union was formed after the commencement of this Part; and

(b)

not more than one year has elapsed since its formation.

(6)

In subsection (5) above “formed” includes formed by amalgamation under the 1964 Act.

(7)

Where a trade union is formed otherwise than by amalgamation under the 1964 Act, the date of its formation shall be taken, for the purposes only of this section, to be the date on which the first members of its principal executive committee are first appointed or, as the case may be, elected to that committee.

(8)

Where one trade union (the “transferring union”) has transferred its engagements to another trade union (the “receiving union”) then,during the period of one year beginning with the date of the transfer, this Part shall not apply in relation to any person who—

(a)

was a member of the principal executive committee of the transferring union immediately before the transfer; and

(b)

became a member of the principal executive committee of the receiving union in accordance with the instrument of transfer.

Notes on the whole Act

Textual amendments

F1: Act repealed (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1

Notes on Part I

Modifications

C1: Pt. I (ss. 1–9) restricted by Employment Act 1988 (c. 19, SIF 43:5), s. 12(2)
C2: Pt. II (ss. 1–9) amended by Employment Act 1988 (c. 19, SIF 43:5), ss. 13(1), 15(1)(b)