Trade Union and Labour Relations (Amendment) Act 1976

Year1976


Trade Union and LabourRelations (Amendment) Act1976

1976 CHAPTER 7

An Act to repeal (in whole or in part), replace or amend sections 5, 6, 7, 8, 13, 29 and 30 of the Trade Union and Labour Relations Act 1974 and paragraph 6 of Schedule 1 to that Act and to provide for a charter on matters relating to the freedom of the press.

[25 March 1976]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Repeals of the principal Act.

1 Repeals of the principal Act.

1. The following provisions and passages of the Trade Union and Labour Relations Act 1974(hereafter in this Act referred to as ‘the principal Act’) are hereby repealed, that is to say—

a ) section 5 (rights of workers as to arbitrary or unreasonable exclusion or expulsion from trade union)
b ) section 6 (provisions as to rules of trade unions and employers' associations)
c ) in section 8(6) (power of Registrar of Friendly Societies to remove name of organisation from list of trade unions or list of employers' associations), the words ‘or that its rules do not comply with the provisions of this Act’;
d ) in section 29(3) (trade disputes relating to matters occurring outside Great Britain), the words from ‘so long as’ onwards;
e ) in paragraph 6(5) of Schedule 1 (cases where dismissal is to be regarded as fair), the words ‘or on any reasonable grounds to being a member of a particular trade union.’
S-2 Freedom of the press.

2 Freedom of the press.

2. After section 1 of the principal Act there shall be inserted the following section:—

S-1A

1A ‘Charter on freedom of the press.

(1) If before the end of the period of twelve months beginning with the passing of the Trade Union and Labour Relations (Amendment) Act 1976, there is agreed among parties including employers of journalists (or employers' associations representing such employers), editors (or editors' organisations) and trade unions representing journalists, a charter containing practical guidance for employers, trade unions and editors and other journalists on matters relating to the freedom of the press, the Secretary of State shall lay before both Houses of Parliament a draft of that charter.

(2) For the purposes of subsection (1) above, practical guidance on matters relating to the freedom of the press must include guidance on the avoidance of improper pressure to distort or suppress news, comment, or criticism, the application of union membership agreements to journalists (and in particular the right of editors to discharge their duties and to commission and to publish any article) and the question of access for contributors.

(3) If no such charter has been agreed as mentioned above, or if a draft charter laid before Parliament (under subsection (1) above or this subsection) is not approved by resolution of each House of Parliament as mentioned in subsection (6) below, the Secretary of State shall after consultation with the Press Council and such of the parties referred to in subsection (1) above, such organisations representing workers and such organisations representing employers, as he thinks fit, prepare in draft a charter, as follows:—

(a ) where, or so far as, there appears to the Secretary of State to be agreement among the parties referred to in subsection (1) above on any matter relating to the freedom of the press, he shall incorporate in the draft charter such practical guidance as he thinks appropriate to give effect to that agreement;

(b ) where, so far as there appears to the Secretary of State to be no such agreement on any of the particular matters referred to in subsection (2) above, he shall incorporate in the draft charter such practical guidance on that matter as he thinks fit,

and the Secretary of State shall lay the draft charter before both Houses of Parliament.

(4) A charter agreed as mentioned in subsection (1) above, or prepared by the Secretary of State in accordance with subsection...

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