- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (06/04/2018)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 06/04/2018.
The Industrial Relations (Northern Ireland) Order 1992, Section 3 is up to date with all changes known to be in force on or before 29 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
3.—(1) In this Order “trade union” means an organisation (whether permanent or temporary) which either—
(a)consists wholly or mainly of workers of one or more descriptions and is an organisation whose principal purposes include the regulation of relations between workers of that description or those descriptions and employers or employers' associations; or
(b)consists wholly or mainly of—
(i)constituent or affiliated organisations which fulfil the conditions specified in sub-paragraph (a) (or themselves consist wholly or mainly of constituent or affiliated organisations which fulfil those conditions); or
(ii)representatives of such constituent or affiliated organisations;
and in either case is an organisation whose principal purposes include the regulation of relations between workers and employers or between workers and employers' associations, or include the regulation of relations between its constituent or affiliated organisations.
(2) A trade union shall not be, or be treated as if it were, a body corporate, but—
(a)it shall be capable of making contracts;
(b)all property belonging to the trade union shall be vested in trustees in trust for the union;
(c)it shall be 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 whatsoever;
(d)proceedings for any offence alleged to have been committed by it or on its behalf may be brought against it in its own name; and
(e)any judgment, order or award made in proceedings of any description brought against the trade union shall be enforceable by way of enforcement order under the Judgments Enforcement (Northern Ireland) Order 1981F1, punishment for contempt or otherwise, against any property held in trust for the trade union to the like extent and in the like manner as if the union were a body corporate.
(3) A trade union shall not be registered as a company under [F2the Companies Act 2006] and accordingly any registration of a trade union under [F3that Act] (whenever effected) shall be void.
(4) A trade union shall not be registered under [F4the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969] F5 or the Friendly Societies Act (Northern Ireland) 1970F6 and accordingly any registration of a trade union under either of those Acts (whenever effected) shall be void.
(5) The purposes of any trade union shall not, by reason only that they are in restraint of trade, be unlawful so as—
(a)to make any member of the trade union liable to criminal proceedings for conspiracy or otherwise; or
(b)to make any agreement or trust void or voidable;
nor shall any rule of a trade union be unlawful or unenforceable by reason only that it is in restraint of trade.
(6) Article 113 of the Judgments Enforcement (Northern Ireland) Order 1981F7 (sequestration order against company in contempt) shall apply to a trade union as it applies to a company.
F2Words in art. 3(3) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 136(3)(a) (with art. 10)
F3Words in art. 3(3) substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 136(3)(b) (with art. 10)
F4Words in art. 3(4) substituted (6.4.2018) by Credit Unions and Co-operative and Community Benefit Societies Act (Northern Ireland) 2016 (c. 16), s. 17(2), Sch. 1 para. 25; S.R. 2017/217, art. 2(d)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.