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Trade Union and Labour Relations Act 1974 (repealed 16.10.1992) in Northern Ireland

1974 c. 52 · Enacted 31 July 1974 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 16 October 1992.

Annotations to the whole text

Textual amendments

F1

Act repealed N.I. (16.7.1992) (E.W.S.) (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.

Contents

  1. Miscellaneous
  2. 19Transitional provisions for trade unions and employers’ associations ceasing to be incorporated.
  3. Schedule 3: Miscellaneous Amendments
  4. The Trade Union Act 1913 (2 & 3 Geo. 5. c. 30)
  5. 2Paragraph 2
  6. The Trade Union (Amalgamations etc.) Act (Northern Ireland) 1965 (c. 2) (N.I.)
  7. 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  8. The Merchant Shipping Act 1970 (c. 36)
  9. 14Paragraph 14
  10. Schedule 5Enactments Repealed

19Transitional provisions for trade unions and employers’ associations ceasing to be incorporated.

(1)

The provisions of this section shall have effect in relation to a trade union or an employers’ association to which they are applied by section 2(4) or 3(3) above; and in this section “the relevant date” means the day on which, under section 2(4) or 3(3) above, such a trade union or employers’ association ceases to be a body corporate.

(2)

On the relevant date—

(a)

all property vested in the trade union or in the employers’ association immediately before that date shall by virtue of this paragraph (and without the execution of any instrument) vest in the trustees who, in accordance with subsection (3) below, are the appropriate trustees;

(b)

all liabilities, obligations and rights of the trade union or of the employers’ association subsisting immediately before that date shall, in so far as they are liabilities, obligations or rights affecting any property so vested (instead of continuing to be liabilities, obligations or rights of the union or association) become liabilities, obligations and rights of the trustees who, in accordance with subsection (3) below, are the appropriate trustees.

(3)

The appropriate trustees for the purposes of subsection (2) above are—

(a)

the trustees appointed in writing for the purposes of this section by or on behalf of the members of the trade union or employers’ association;

(b)

in a case where no such trustees are appointed, the official trustees of the trade union or employers’ association.

(4)

A certificate given by the official trustees of a trade union or employers’ association that the persons named in the certificate are the appropriate trustees of that union or association for the purposes of subsection (2) above shall be conclusive evidence that those persons are the appropriate trustees of that union or association for those purposes; and a document which purports to be such a certificate shall be taken to be such a certificate unless the contrary is proved.

(5)

In this section “official trustees”, in relation to a trade union or an employers’ association, means the two officers of the union or association who, on the relevant date, are the president and the general secretary of the union or association or occupy a position equivalent to that of president and general secretary respectively of a trade union or employers’ association.

(6)

Nothing in section 12 of the M1Finance Act 1895 (which requires certain Acts to be stamped as conveyances on sale) shall be taken as applying to this Act.

2

(1)

The Trade Union Act 1913 shall be amended in accordance with the following provisions of this paragraph.

(2)

For section 2(1), substitute as new subsections (1) and (1A) two subsections in the same terms as subsections (1) and (2) respectively of section 28 of this Act, but with the insertion in the definition of “employers’ association” in subsection (2), after the words “temporary) which”, of the words “is unincorporated and”.

(3)

In sections 3 to 6, for the words substituted by Schedule 8 to the 1971 Act substitute the words contained in those sections immediately before the substitutions were effected by that Act except in the contexts specified in sub-paragraph (4) below.

(4)

In sections 3(1) and 4(1) omit the words from “whether the” to “is registered or not” and in section 4(2) the words “whether registered or not”.

(5)

After section 6, insert—

“ Application of sections 3 to 6 to employers’ associations.

6A

Sections 3 to 6 of, and the Schedule to, this Act shall apply, with the necessary modifications, in relation to unincorporated employers’ associations as they apply in relation to trade unions.”

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

14

In section 42 of the Merchant Shipping Act 1970, . . . F1 omit subsection (3).

Schedule 5Enactments RepealedC1C2

ChapterShort TitleExtent of Repeal
2 & 3 Geo. 5. c. 30.The Trade Union Act 1913.In sections 3(1) and 4(1), the words from “whether the” to “is registered or not”.
In section 4(2), the words “whether registered or not”.
1957 c. 20.The House of Commons Disqualification Act 1957.In Part II of Schedule 1, both in its application to the House of Commons of the United Kingdom and in its application to the Northern Ireland Assembly, the entries relating to the Commission on Industrial Relations and the National Industrial Relations Court.
In Part III of Schedule 1, in its application to the House of Commons of the United Kingdom, the entry relating to the Chief Registrar or Assistant Registrar of Trade Unions and Employers’ Associations.
1968 c. 6 (N.I.).The Insurance Companies Act (Northern Ireland) 1968.In section 1(2)(a), the words “or trade unions”.
1970 c. 36.The Merchant Shipping Act 1970.Section 42(3).
1971 c. 72.The Industrial Relations Act 1971.The whole Act.
1972 c. 53.The Contracts of Employment Act 1972.In section 4(2), paragraph (a).
In section 11(1), the definitions of “agency shop agreement” and “approved closed shop agreement”.
1972 c. 59.The Administration of Justice (Scotland) Act 1972.In section 3(3), the words “described in section 124 of that Act”.
1973 c. 58.The Insurance Companies Amendment Act 1973.Section 40.
In Schedule 3, paragraph 31.