Section 8 Exemption for certain persons nearing retirement.

England, Wales and Scotland

(1)

Section 1(1)(b) of this Act does not apply to any . . . F1 member of the principal executive committee of a trade union at any time when the conditions mentioned in subsection (2) below are satisfied in relation to him.

(2)

The conditions are that—

C1(a)

he holds his position as such a member by virtue of having been elected (whether as such a member or as the holder of another position in the union) at an election in relation to which section 2 of this Act F2and the requirements of sections 13 and 15 of the Employment Act 1988 have been satisfied;

(b)

he is—

(i)

in the case of a person who has been elected as such a member, a full-time employee of the union by virtue of being such a member; or

(ii)

in the case of a person who has been elected as the holder of another position in the union by virtue of which he is such a member, a full-time employee of the union by virtue of holding that other position;

(c)

he will reach retirement age within five years;

(d)

he is entitled under the rules of the union to continue as the holder of the position in question until retirement age without standing for re-election;

(e)

he has been a full-time employee of the union for a period (which need not be continuous) of at least ten years; and

(f)

the period between the day on which the election referred to in paragraph (a) above took place and the day immediately preceding that on which paragraph (c) above is first satisfied does not exceed five years.

(3)

For the purposes of this section “retirement age”, in relation to any person, means the earlier of—

(a)

the age fixed by, or in accordance with, the rules of the union for him to retire from the position in question; or

(b)

the age which is for the time being pensionable age for the purpose of the M1Social Security Act 1975.

(4)

Where the election referred to in paragraph (a) of subsection (2) above was held before the commencement of this Part, that paragraph shal apply as if it did not require section 2 of this Act to be satisfied in relation to that election F3; and where that election was held before the coming into force of a provision of section 13 or 15 of the Employment Act 1988, that paragraph shall apply as if it did not require the requirements imposed by virtue of that provision to be satisfied in relation to that election.

F4(5)

Where any person holds any such position as is mentioned in paragraph (a) of subsection (2) above by virtue of an election held at any time before the coming into force of section 14(2) of the Employment Act 1988 (requirement of postal ballot), section 3 of this Act (non-postal ballots) shall be disregarded in determining for the purposes of that paragraph whether any election is an election in relation to which section 2 of this Act has been satisfied, unless the position to which that person was elected in that election was, at the time of the election, either—

(a)

a position as a voting member of the principal executive committee of a trade union; or

(b)

a position by virtue of election to which the person elected would become such a voting member.

Annotations

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)

Section 8 Exemption for certain persons nearing retirement.

Annotations

Textual amendments

Marginal citations

Modifications

Notes on the whole Act

Textual amendments

Notes on Part I

Modifications