Trade Union Act Amendment Act 1876

JurisdictionUK Non-devolved
Citation1876 c. 22
Year1876


Trade Union Act Amendment Act, 1876.

(39 & 40 Vict.) 22.

An Act to amend the Trade Union Act, 1871.

[30th June 1876]

W HEREAS it is expedient to amend the Trade Union Act, 1871:

Be it therefore 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 Construction and short title.

1 Construction and short title.

1. This Act and the Trade Union Act, 1871, herein-after termed the principal Act, shall be construed as one Act, and may be cited together as the ‘Trade Union Acts, 1871 and 1876,’ and this Act may be cited separately as the ‘Trade Union Act Amendment Act, 1876.’

S-2 Trade unions to be within s. 28 of Friendly Societies Act, 1875.

2 Trade unions to be within s. 28 of Friendly Societies Act, 1875.

2. Notwithstanding anything in section five of the principal Act contained, a trade union, whether registered or unregistered, which insures or pays money on the death of a child under ten years of age shall be deemed to be within the provisions of section twenty-eight of the Friendly Societies Act, 1875.

S-3 Amendment of s. 8 of principal Act.

3 Amendment of s. 8 of principal Act.

3. Whereas by section eight of the principal Act it is enacted that ‘the real or personal estate of any branch of a trade union shall be vested in the trustees of such branch:’ The said section shall be read and construed as if immediately after the hereinbefore recited words there were inserted the words ‘or of the trustees of the trade union, if the rules of the trade union so provide.’

S-4 Provision in case of absence, &c. of trustee.

4 Provision in case of absence, &c. of trustee.

4. When any person, being or having been a trustee of a trade union or of any branch of a trade union, and whether appointed before or after the legal establishment thereof, in whose name any stock belonging to such union or branch transferable at the Bank of England or Bank of Ireland is standing, either jointly with another or others, or solely, is absent from Great Britain or Ireland respectively, or becomes bankrupt, or files any petition, or executes any deed for liquidation of his affairs by assignment or arrangement, or for composition with his creditors, or becomes a lunatic, or is dead, or has been removed from his office of trustee, or if it be unknown whether such person is living or dead, the registrar, on application in writing from the secretary and three members of the union or branch, and on proof satisfactory to him, may direct the transfer of the stock into the names of any other persons as trustees for the union or branch; and such transfer shall be made by the surviving or continuing trustees, and if there be no such trustee, or if such trustees refuse or be unable to make such transfer, and the registrar so direct, then by the Accountant-General or Deputy or Assistant Accountant-General of the Bank of England or Bank of Ireland, as the case may be; and the Governors and Companies of the Bank of England and Bank of Ireland respectively are hereby indemnified for anything done by them or any of their officers in pursuance of this provision against any claim or demand of any person injuriously affected thereby.

S-5 Jurisdiction in offences.

5 Jurisdiction in offences.

5. The jurisdiction conferred in the case of certain offences by section twelve of the principal Act upon the court of summary jurisdiction for the place in which the registered office of a trade union is situate may be exercised either by that court or by the court of summary jurisdiction for the place where the offence has been committed.

S-6 Registry of unions doing business in more than one country.

6 Registry of unions doing business in more than one country.

6. Trade unions carrying or intending to carry on business in more than one country shall be registered in the country in which their registered office is situate; but copies of the rules of such unions, and of all amendments of the same, shall, when registered, be sent to the registrar of each of the other countries, to be recorded by him, and until such rules be so recorded the union shall not be entitled to any of the privileges of this Act or the principal Act, in the country in which such rules have not been recorded, and until such amendments of rules be recorded the same shall not take effect in such country.

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