Section 10 Quasi-corporate status of trade unions.

England, Wales and Scotland

(1)

A trade union is not a body corporate but—

(a)

it is capable of making contracts;

(b)

it is capable of suing and being sued in its own name, whether in proceedings relating to property or founded on contract or tort or any other cause of action; and

(c)

proceedings for an offence alleged to have been committed by it or on its behalf may be brought against it in its own name.

(2)

A trade union shall not be treated as if it were a body corporate except to the extent authorised by the provisions of this Part.

(3)

A trade union shall not be registered—

(a)

as a company under the F1the Companies Act 2006, or

(b)

under the M1Friendly Societies Act 1974 or the F2 the Co-operative and Community Benefit Societies Act 2014 ;

and any such registration of a trade union (whenever effected) is void.

Annotations

Textual amendments

F1: Words in s. 10(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 134(2) (with arts. 5-13)
F2: Words in s. 10(3)(b) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 54 (with Sch. 5)

Marginal citations

M1: 1974 c. 46.