Trade Union and Labour Relations Act 1974 (repealed 16.10.1992)

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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

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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”.

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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.”

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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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(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”.

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

14In section 42 of the Merchant Shipping Act 1970, . . . F10 omit subsection (3).

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