SCHEDULES

Section 1.

SCHEDULE 1E+W+S Re-Enacted Provisions of M1Industrial Relations Act 1971

NOTE: The cross heading in square brackets at the beginning of each paragraph of this Schedule indicates the provision of the 1971 Act which is re-enacted, with or without amendments, in that paragraph.

Part IE+W+S

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

1—3.

Part IIE+W+S

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

4—15

Part IIIE+W+S

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

16

17(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

18

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

19

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

20—25.

Part IVE+W+S Conciliation Officers, and Miscellaneous and Supplementary Provisions

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

26, 27.

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

28

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

29

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

30

Nominations by members of trade unionsE+W+S

[Section 155]E+W+S

31(1)Regulations may make provision—

(a)for enabling members of trade unions who are not under sixteen years of age to nominate a person or persons to become entitled, on the death of the person making the nomination, to the whole or part of any money payable on his death out of the funds of the trade union of which he is a member; and

(b)for enabling any money payable out of the funds of a trade union on the death of a member of the trade union, to an amount not exceeding [F13£5000], to be paid or distributed on his death (whether in accordance with such a nomination or otherwise) without letters of administration, probate of any will or confirmation.

(2)Any regulations made in accordance with sub-paragraph (1)(a) above—

(a)may include provision as to the manner in which nominations may be made and as to the manner in which nominations may be varied or revoked, and

(b)may provide that, subject to such exceptions as may be prescribed, no nomination made by a member of a trade union shall be valid if at the date of the nomination the person nominated is an officer or employee of the trade union or is otherwise connected with the trade union in such manner as may be prescribed by the regulations.

(3)Any regulations under this section may include such incidental, transitional or supplementary provisions as the Secretary of State may consider appropriate and, in particular, any such regulations made in accordance with sub-paragraph (1)(a) above may include provision for securing, to such extent and subject to such conditions as may be prescribed in the regulations, that nominations made under the M2Trade Union Act Amendment Act 1876 shall have effect as if they have been made under the regulations and may be varied or revoked accordingly.

[F14(4)Sub-paragraph (1)(b) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the M3Administration of Estates (Small Payments) Act 1965, substituting, for references to the amount for the time being provided for, references to such higher amount as may be specified in the order.]

Restrictions on contracting outE+W+S

[Section 161]E+W+S

32(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 any provision in an agreement (whether a contract of employment or not) shall be void in so far as it purports—

(a)to exclude or limit the operation of any provision of this Act; or

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(2)(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(b)—(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Employment under the CrownE+W+S

[Section 162]E+W+S

33(1)Subject to the following provisions of this paragraph, the provisions of this Act shall have effect in relation to Crown employment and to workers in Crown employment as they have effect in relation to other employment and to other workers.

(2)In this paragraph (subject to sub-paragraph (4) below) “Crown employment” means employment under or for the purposes of a government department, [F19or any officer or body exercising on behalf of the Crown functions conferred by any enactment], otherwise than as a member of the naval, military or air forces of the Crown or of any women’s service administered by the Defence Council, and “Crown employee” means a person who is for the time being in Crown employment or (where it has ceased) was in Crown employment.

(3)For the purposes of the application of the provisions of this Act in relation to Crown employment in accordance with subparagraph (1) above—

(a)any reference to an employee shall be construed as a reference to a Crown employee;

(b)any reference to dismissal shall be construed as a reference to the termination of Crown employment;

(c)(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(e)any other reference to an undertaking shall be construed, in relation to a Minister of the Crown, as a reference to his functions or (as the context may require) to the department of which he is in charge, and, in relation to a government department [F19, officer or body] shall be construed as a reference to the functions of the department [F19, officer or body] or (as the context may require) to the department [F19, officer or body].

(4)For the purposes of this Act—

(a)none of the bodies specified in Schedule 3 to the M4Redundancy Payments Act 1965 (national health service employers) shall be regarded as performing functions on behalf of the Crown, and their employees shall not be regarded as being employed under or for the purposes of a government department, and accordingly employment by any such body shall not be Crown employment within the meaning of this paragraph;

(b)associations established for the purposes of the [F21Part VI of the M5Reserve Forces Act 1980] shall be treated as if they were government departments, and accordingly employment by any such association shall be Crown employment within the meaning of this paragraph;

and for the purposes of this paragraph Crown employment does not include any employment in respect of which a certificate to which sub-paragraph (5) below applies is for the time being in force.

(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(5)This sub-paragraph applies to any certificate issued by or on behalf of a Minister of the Crown and certifying that employment of a description specified in the certificate, or the employment of a particular person so specified, is (or at a time specified in the certificate was) required to be excepted from sub-paragraph (1) above for the purpose of safeguarding national security; and any document purporting to be a certificate so issued shall be received in evidence and shall, unless the contrary is proved, be deemed to be such a certificate.

Section 11.

SCHEDULE 2E+W+S Administrative Provisions Relating to Trade Unions and Employers’ Associations

Part IE+W+S Annual Returns, and Qualifications, Appointment and Removal, and Functions, or Auditors

Annual returnsE+W+S

1(1)Subject to paragraph 5 below, the annual return of a trade union or an employers’ association required by section 11(2) above shall be sent to the [F23Certification Officer] before 1st June and shall relate to the last preceding calendar year.

(2)The annual return shall be in such form and be signed by such persons as the [F23Certification Officer] may require.

2Every annual return shall contain—

(a)revenue accounts indicating the income and expenditure of the trade union or employers’ association for the period to which the return relates;

(b)a balance sheet as at the end of that period;

(c)such other accounts (if any) as the [F24Certification Officer] may require; and

(d)a copy of the rules of the trade union or employers’ association as in force at the end of that period;

and shall have attached to it a note of all changes in the officers of the union or association and of any change in the address of the head or main office of the union or association during the period to which the return relates.

3Every revenue account, every balance sheet and every other account contained in a return in accordance with paragraph 2 above shall give a true and fair view of the matters to which it relates.

4Every return, in addition to containing the accounts mentioned in paragraph 2 above, shall contain a copy of the report made by the auditor or auditors of the trade union or employers’ association on those accounts under paragraph 18 below and such other documents relating to those accounts and such further particulars as the [F25Certification Officer], may require, subject in the case of the accounts contained in the return to such modifications (if any) as may be necessary to secure compliance with paragraph 3 above.

5The [F26Certification Officer], if in any particular case he considers it appropriate to do so—

(a)may direct that the period for which a return is to be sent to him under section 11(2) above shall be a period other than the calendar year last preceding the date on which the return is sent;

(b)whether a direction under sub-paragraph (a) above is given or not, may direct that the date before which any such return is to be sent to him shall be such date (whether before or after 1st June) as may be specified in the direction.

Qualifications of auditorsE+W+S

6Subject to paragraphs 7 to 9 below, a person shall not be qualified to be the auditor or one of the auditors of a trade union or employers’ association unless he is either a member of one or more of the following bodies—

(a)the Institute of Chartered Accountants in England and Wales;

(b)the Institute of Chartered Accountants of Scotland;

(c)the Association of Certified Accountants;

(d)the Institute of Chartered Accountants in Ireland;

(e)any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of [F27section 389(1)(a) of the Companies Act 1985] by the Secretary of State,

or a person who is for the time being authorised by the Secretary of State under [F27section 389(1)(b)] of that Act as being a person with similar qualifications obtained outside the United Kingdom.

7Notwithstanding anything in paragraph 6 above, a Scottish firm may act as auditor of a trade union or employers’ association if, but only if, every partner of the firm is qualified so to act.

8A person who is not qualified under paragraph 6 above may act in respect of any accounting period as auditor of a trade union or employers’ association if—

(a)it was registered under the Trade Union Acts 1871 to 1964 on 30th September 1971;

(b)he acted as its auditor in respect of the last period in relation to which it was required to make an annual return under section 16 of the M6Trade Union Act 1871;

(c)he has acted as its auditor in respect of every accounting period since that period; and

(d)he is for the time being authorised by the Secretary of State under [F28section 389(1)(b) of the Companies Act 1985] otherwise than as mentioned in paragraph 6 above.

9(1)Two or more persons who are not qualified under paragraph 6 above may act as auditors of a trade union or employers’ association in respect of any accounting period of that union or association if—

(a)its receipts and payments in respect of its last preceding accounting period did not in the aggregrate exceed £5,000;

(b)the number of its members at the end of its last preceding accounting period did not exceed 500; and

(c)the value of its assets at the end of its last preceding accounting period did not in the aggregate exceed £5,000.

(2)Where by virtue of sub-paragraph (1) above persons who are not qualified under paragraph 6 above act as auditors in respect of any accounting period of a trade union or employers’ association, the [F29Certification Officer] may at any time (whether during that period or after it comes to an end) direct the trade union or employers’ association to appoint a person who is so qualified to audit its accounts for that period.

(3)Regulations may—

(a)substitute for any sum or number for the time being specified in sub-paragraph (1) above such sum or number as may be specified in the regulations; and

(b)prescribe what receipts and payments shall be taken into account for the purposes of that sub-paragraph.

10(1)None of the following persons shall act as auditor of a trade union or employers’ association, that is to say—

(a)an officer or employee of the trade union or employers’ association or of any of its branches or sections;

(b)a person who is a partner of, or in the employment of, or who employs, such an officer or employee;

(c)a body corporate.

(2)References in this paragraph to an officer shall be construed as not including an auditor.

Appointment and removal of auditorsE+W+S

11The rules of every trade union and every employers’ association shall contain provision for the appointment and removal of auditors.

12Notwithstanding anything in the rules of a trade union or employers’ association, its auditor or auditors shall not be removed from office except by resolution passed at a general meeting of its members, or of delegates of its members.

13(1)Notwithstanding anything in the rules of a trade union or employers’ association, a qualified auditor appointed to audit its accounts for the preceding year of account shall (subject to subparagraph (2) of this paragraph) be re-appointed as auditor for the current year of account unless—

(a)a resolution has been passed at a general meeting of the trade union or employers’ association appointing somebody instead of him or providing expressly that he shall not be re-appointed, or

(b)he has given to the trade union or employers’ association notice in writing of his unwillingness to be re-appointed, or

(c)he is ineligible for appointment as its auditor or one of its auditors for the current year of account, or

(d)he has ceased to act as its auditor or one of its auditors by reason of incapacity.

(2)Where notice is given of an intended resolution to appoint some person or persons in place of a retiring auditor and the resolution cannot be proceeded with at the meeting because of the death or incapacity of that person or persons, or because he or they are ineligible for appointment as auditor or auditors for the current year of account, the retiring auditor shall not be automatically re-appointed by virtue of this paragraph.

(3)For the purposes of this paragraph a person is ineligible for appointment as auditor of a trade union or employers’ association for the current year of account if, but only if,—

(a)he would be precluded by paragraph 10 above from acting as its auditor for that year, or

(b)he is not a qualified auditor at the time when the question of his appointment falls to be considered.

(4)In this paragraph “qualified auditor”, in relation to a trade union or employers’ association, means a person qualified to be its auditor or one of its auditors in accordance with paragraphs 6 to 9 above, “the current year of account”, in relation to the appointment of a person as auditor, means the year of account in which the question of that appointment arises, and “the preceding year of account” means the year of account immediately preceding the current year of account.

14Regulations may make provision as to the procedure to be followed when it is intended to move a resolution—

(a)appointing another auditor or other auditors in place of a retiring auditor or retiring auditors of a trade union or an employers’ association, or

(b)providing expressly that a retiring auditor or auditors of a trade union or an employers’ association shall not be re-appointed,

and as to the rights of auditors and members of a trade union or an employers’ association in relation to such a motion.

15(1)Where any regulations made under paragraph 14 above require copies of any representations made by a retiring auditor to be sent out, or require any such representations to be read out at a meeting, the High Court or the Court of Session, on the application of the trade union or employers’ association or of any other person, may dispense with that requirement if satisfied that the rights conferred on the retiring auditor by the regulations are being abused to secure needless publicity for defamatory matter.

(2)On any such application the High Court or the Court of Session may order the costs or expenses of the trade union or employers’ association to be paid, in whole or in part, by the retiring auditor, whether he is a party to the application or not.

Auditor’s right of access to books and information and right to be heard at meetingsE+W+S

16Every auditor of a trade union or an employers’ association—

(a)shall have a right of access at all times to its accounting records and to all other documents relating to its affairs, and

(b)shall be entitled to require from its officers, or the officers of any of its branches or sections; such information and explanations as he thinks necessary for the performance of his duties as auditor.

17Every auditor of a trade union or an employers’ association shall be entitled—

(a)to attend any general meetings of is members, or of delegates of its members, and to receive all notices of and other communications relating to any general meeting which any such member or delegate is entitled to receive, and

(b)to be heard at any meeting which he attends on any part of the business of the meeting which concerns him as auditor.

Auditors’ reportsE+W+S

18The auditor or auditors of a trade union or an employers’ association shall make a report to it on the accounts of the trade union or employers’ association audited by him or them and contained in its annual return.

19The report shall state whether, in the opinion of the auditor or auditors, those accounts give a true and fair view of the matters to which they relate.

20It shall be the duty of the auditor or auditors, in preparing a report under paragraph 18 above, to carry out such investigations as will enable him or them to form an opinion as to the following matters, that is to say—

(a)whether the trade union or employers’ association has kept proper accounting records in accordance with the requirements of section 10 above;

(b)whether it has maintained a satisfactory system of control over its transactions in accordance with the requirements of that section; and

(c)whether the accounts to which the report refers are in agreement with the accounting records;

and if in the opinion of the auditor or auditors the trade union or employers’ association has failed to comply with section 10(2)(a) or (b) above or if the accounts to which the report relates are not in agreement with the accounting records, the auditor or auditors shall state that fact in the report.

21If an auditor fails to obtain all the information and explanations which, to the best of his knowledge and belief, are necessary for the purposes of an audit, he shall state that fact in his report.

22In this Part of this Schedule “accounting period”, in relation to a trade union or an employers’ association, means any period in relation to which it is required under section 11(2) above to send a return to the [F30Certification Officer].

Part IIE+W+S Members’ Superannuation Schemes

Examination of superannuation schemesE+W+S

23Subject to paragraphs 29 to 31 below, every trade union and every employers’ association which at the commencement of this Part of this Schedule is maintaining a members’ superannuation scheme shall arrange for the scheme, as it has effect at a date not later than two years from the commencement of this Part of this Schedule, to be examined by an appropriately qualified actuary, and for the actuary to make a report to the trade union or employers’ association on the results of his examination of the scheme.

24Where a members’ superannuation scheme to which paragraph 23 above applies includes provision for the maintenance of a separate fund for the purpose of the scheme, the examination under that paragraph shall include a valuation (as at the date by reference to which the examination is carried out) of the assets comprised in that fund and of the liabilities falling to be discharged out of it

25The report made by the actuary on the results of his examination of any such scheme—

(a)shall state whether in his opinion the premium or contribution rates are adequate and whether the accounting or funding arrangements are suitable, and

(b)if the scheme provides for the maintenance of a separate fund for the purposes of the scheme, shall state whether in his opinion the fund is adequate.

26A copy of any report made by an actuary under paragraph 23 above, signed by the actuary, shall be sent to the [F31Certification Officer]; and it shall be the duty of the trade union or employers’ association to make such arrangements under that paragraph as will enable the report to be sent to the [F31Certification Officer] before the end of the period of one year from the date by reference to which the actuarial examination was carried out.

27Subject to paragraphs 30 and 31 below, no trade union or employers’ association shall after the commencement of this Part of this Schedule begin to maintain a members’ superannuation scheme unless, before the date on which the scheme begins to be maintained,—

(a)the proposals for the scheme have been examined by an appropriately qualified actuary; and

(b)a copy of a report made to the trade union or employers’ association by the actuary on the results of his examination of the proposals, signed by the actuary, has been sent to the [F32Certification Officer];

and the provisions of paragraph 25 above shall have effect in relation to a report under this paragraph on the proposals for a scheme as they have effect in relation to a report on a scheme under paragraph 23 above.

28A copy of any report made to a trade union or employers’ association under paragraph 23 or paragraph 27 above shall, on the application of any of its members, be supplied to him free of charge.

29Where on the application of a trade union or employers’ association the [F33Certification Officer] is satisfied—

(a)that a members’ superannuation scheme maintained by it, as it had effect at a date not more than two years before the commencement of this Part of this Schedule, has been examined by an actuary;

(b)that the qualifications of the actuary were adequate for the purpose of carrying out the examination; and

(c)that the examination, and the report made by the actuary on its results, fulfil the requirements of paragraphs 24 and 25 above,

the [F33Certification Officer] may direct that paragraph 23 above shall have effect, in relation to that scheme, as if for the reference to two years from the commencement of this Part of this Schedule there were substituted a reference to five years from the date by reference to which that examination was carried out.

30The [F34Certification Officer], on the application of a trade union or employers’ association, may exempt any members’ superannuation scheme which it maintains or proposes to maintain from the requirements of paragraph 23 or (as the case may be) paragraph 27 above, if he is satisfied that, by reason of the small number of members to which the scheme is or would be applicable or for any other special reasons, it is unnecessary for the scheme to be examined in accordance with those requirements.

31The [F35Certification Officer] may at any time revoke any exemption granted under paragraph 30 above if it appears to him that the circumstances by reason of which the exemption was granted have ceased to exist.

Periodical re-examination of schemesE+W+S

32(1)[F36Subject to paragraph 33A below] where a trade union or employers’ association for the time being maintains a members’ superannuation scheme, and either—

(a)the scheme has been examined in pursuance of paragraph 23 above or in pursuance of this paragraph, or

(b)the scheme itself has not been so examined but the proposals for the scheme have been examined in pursuance of paragraph 27 above,

the trade union or employers’ association in question shall arrange for that scheme, as it has effect at each successive relevant date, to be examined by an appropriately qualified actuary, and for a report to be made to it by the actuary on the result of his examination of the scheme.

(2)Subject to the next following sub-paragraph, in this paragraph “relevant date”, in relation to a members’ superannuation scheme, means such date as the trade union or employers’ association in question may determine, not being later than five years after the date by reference to which the last examination of the scheme, or (as the case may be) the examination of the proposals for the scheme, was carried out in accordance with paragraph 23 or paragraph 27 above or in accordance with the the preceding sub-paragraph.

(3)In the case of any trade union or employers’ association the [F37Certification Officer] may direct that, in relation to any time after the making of the direction, sub-paragraph (2) of this paragraph shall have effect as if, for the reference to five years there was substituted a reference to such shorter period as may be specified in the direction.

33The provisions of paragraphs 24 to 26 and paragraph 28 above shall have effect in relation to the examination of a scheme under paragraph 32 above as they have effect in relation to the examination of a scheme under paragraph 23 above.

[F3833AThe Certification Officer, on the application of a trade union or employers’ association, may exempt any members’ superannuation scheme which it maintains from the requirements of paragraph 32 above if he is satisfied that, by reason of the small number of members to which the scheme is applicable or for any other special reasons, it is unnecessary for the scheme to be examined in accordance with those requirements.]

33BThe Certification Officer may at any time revoke any exemption granted under paragraph 33A above if it appears to him that the circumstances by reason of which the exemption was granted have ceased to exist; and for the purposes of paragraph 32 above the relevant date next following the revocation shall be such date as the Certification Officer may direct.

Separate fund for members’s superannuation schemeE+W+S

34After the commencement of this Part of this Schedule no trade union or employers’s association shall maintain a members’ superannuation scheme which was not established before the commencement of this Part of this Schedule unless it maintains a separate fund for the payments of benefits in accordance with the scheme.

35After the end of the period of five years beginning with the date on which paragraph 34 above comes into operation no trade union or employers’ association shall maintain a members’ superannuation scheme (whenever established) unless it maintains a separate fund for the payment of benefits in accordance with the scheme.

Interpretation of Part IIE+W+S

36In this Part of this Schedule—

(a)“members’ superannuation scheme” means any scheme or arrangement made by or on behalf of a trade union or employers’ association (including any scheme or arrangement shown in the rules of a trade union or employers’ association) in so far as it provides for benefits to be paid by way of pension (including any widows’ or children’s pensions or dependants’ pensions) to or in respect of members or former members of the trade union or employers’ association and to be so paid either out of the funds (whether the general funds or any other fund) of the trade union or employers’ association or under any insurance scheme maintained out of those funds;

(b)“appropriately qualified actuary” in relation to a trade union or employers’ association, means a person who is either a Fellow of the Institute of Actuaries or a Fellow of the Faculty of Actuaries or is approved by the [F39Certification Officer] on the application of the trade union or employers’ association as a person having actuarial knowledge; and

(c)“separate fund” means a fund separate from the general funds of the trade unions or employers’ association.

Section 25.

SCHEDULE 3U.K. Miscellaneous Amendments

The Conspiracy, and Protection of Property Act 1875 (c. 86)E+W+S

1In section 3 of the Conspiracy, and Protection of Property Act 1875, for the words from “an industrial dispute” to “1971” substitute the words “a trade dispute”.

The Trade Union Act 1913 (2 & 3 Geo. 5. c. 30)U.K.

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—

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

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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

3

F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

4

The Industrial Assurance and Friendly Societies Act 1948 (c.39)E+W+S

5(1)The Industrial Assurance and Friendly Societies Act 1948 shall be amended in accordance with the following provisions of this paragraph.

(2)In section 6(1), for the words from “an organisation of workers” to “that Act” substitute the words “a trade union or an employers’ association”.

(3)In section 16(4), for the words substituted by the 1971 Act substitute the words “trade union or employers’ association”.

(4)In section 23(1) insert the following—

“(b)the expressions “trade union” and “employers’ association” have the meanings respectively as they have in the Trade Union and Labour Relations Act 1974”.

F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

6

The Insurance Companies Act 1958 (c. 72)E+W+S

7In section 1 of the Insurance Companies Act 1958, after subsectin (5) insert as a new subsectin (5A) in place of that inserted by Schedule 8 to the 1971 Act the following—

“(5A)Where a trade union or an employers’ association carries on insurance business, this Act does not apply to it as an insurance company if the insurance business is limited to the provision for its members of provident benefits or strike benefits.

In this subsection “trade union” and “employers’ association” have the same meanings respectively as they have in the Trade Union and Labour Relations Act 1974.”

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

8

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

9

The Trade Union (Amalgamations, etc.) Act 1964 (c. 24)E+W+S

10(1)The Trade Union (Amalgamations, etc.) Act 1964 shall be amended in accordance with the following provisions of this paragraph.

(2)In sections 1 to 11 (and the Schedules), for the expressions “organisation to which this Act applies” or “organisation” substituted by Schedule 8 to the 1971 Act, wherever they occur, substitute the words contained in those sections (and Schedules) immediately before the substitutions were effected by that Act.

(3)In section 1, for the subsection (1A) inserted by Schedule 8 to the 1971 Act substitute—

“(1A)Subject to any express provision of this Act with respect to employers’ associations, this Act shall apply, with the necessary modifications, in relation to unincorporated employers’ associations as it applies in relation to trade unions.”

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(5)For section 6(2) substitute—

“(2)If the name of a trade union or employers’ association is for the time being entered in the list of trade unions or employers’ associations under section 8 of the Trade Union and Labour Relations Act 1974, a change of its name shall not take effect until approved by the Registrar under this Act; and the Registrar shall not approve a change of name if it appears to him that the proposed new name is the same as one entered in either list as the name of another trade union or employers’ association or is a name so nearly resembling such a name as to be likely to deceive the public.”

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(7)Section 8 (which was repealed by the 1971 Act) is hereby revived.

(8)In section 9, for subsection (1) substitute—

“(1)In this Act, unless the context otherwise requires—

• “amalgamating unions” and “amalgamated union”, in relation to a proposed amalgamation, mean respectively the trade unions proposing to amalgamate and the trade union which is to result from the proposed amalgamation;

• “assistant registrar” means any assistant registrar of friendly societies appointed under section 1 of the Friendly Societies Act 1896;

• “employers’ association” has the same meaning as in the Trade Union and Labour Relations Act 1974;

• “Northern Ireland Union” has the meaning assigned to it by section 10 of this Act;

• “the Registrar” means the Chief Registrar of Friendly Societies;

• “trade union” has the same meaning as in the Trade Union and Labour Relations Act 1974;

• “transferor trade union” and “transferee trade union”, in relation to a proposed transfer of engagements, mean respectively the trade union proposing to transfer its engagements and the trade union proposing to accept them.”

The Trade Union (Amalgamations etc.) Act (Northern Ireland) 1965 (c. 2) (N.I.)U.K.

11For section 9(2) of the Trade Union (Amalgamations etc.) Act (Northern Ireland) 1965 substitute—

“(2)In this Act “Great Britain union” means a trade union or employers’ association within the meaning of the Trade Union and Labour Relations Act 1974, being either—

(a)a union whose name is for the time being entered in the list of trade unions or of employers’ associations under section 8 of that Act; or

(b)a union or association whose name is not so entered, but whose principal office is situated in England, Wales or Scotland.”

The Companies Act 1967 (c. 81)E+W+S

12In section 60(1) of the Companies Act 1967 for the paragraph (e) inserted by Schedule 8 to the 1971 Act substitute the following—

“(e)a trade union or employers’ association (within the meaning of the Trade Union and Labour Relations Act 1974) where the insurance business carried on by the union or association is limited to the provision for its members of provident benefits or strike benefits”.

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

13

The Merchant Shipping Act 1970 (c. 36)U.K.

14In section 42 of the Merchant Shipping Act 1970, . . . F49 omit subsection (3).

F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

15

F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

16

F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

17

Section 25.

SCHEDULE 4E+W+S Transitional Provisions

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

1

2Subject to any provision to the contrary contained in section 21 or 23 above, sections 22 to 33 of the 1971 Act (unfair dismissals) and the other provisions of that Act relating to proceedings for unfair dismissal shall, notwithstanding the repeal of that Act by this Act, continue to apply to dismissals where the effective date of termination falls before the commencement of Schedule 1 to this Act.

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

3

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

4

5Schedule 2 to this Act shall apply to a trade union’s or employers’ association’s return and accounts for 1974 or the period substituted therefor by a direction under paragraph 5 of that Schedule, notwithstanding that that Schedule was not in force for the whole of that year or period.

6(1)In so far as anything done or treated as done under any enactment contained in the 1971 Act, which is re-enacted, with or without amendment, in a corresponding provision of Schedule 1 or Schedule 2 to this Act, could have been done under that provision, then, subject to sub-paragraph (3) below, it shall on the commencement of that Schedule have effect as if done under that provision.

(2)In particular, sub-paragraph (1) above applies to the following things done under any such enactment, that is to say—

any complaint presented;

any application, determination, recommendation, award, order, regulations, appointment, request or report made;

any certificate, exemption or notice given.

(3)Sub-paragraph (1) above shall not apply to anything done under those provisions of the 1971 Act which continue to apply to dismissals by virtue only of paragraph 2 above.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

7Any enactment or document which refers, whether specifically or by means of a general description, to an enactment contained in the 1971 Act which is re-enacted, with or without amendment, in a corresponding provision of Schedule 1 or Schedule 2 to this Act shall, except so far as the context otherwise requires, be construed as referring, or as including a reference, to that corresponding provision.

8Nothing in this Schedule shall be construed as prejudicing [F57sections 16(1) and 17(2)(a) of the M7Interpretation Act 1978] (effect of repeals).

Section 25.

SCHEDULE 5U.K. Enactments Repealed