Trade Union and Labour Relations (Northern Ireland) Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/1980 |
| Year | 1995 |
1995No. 1980 (N.I. 12)
NORTHERN IRELAND
The Trade Union and Labour Relations (Northern Ireland) Order
1995
26thJuly1995
At the Court at Buckingham Palace, the 26th day of July 1995
Present,
The Queen's Most Excellent Majesty in Council
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
Article
1. Title and commencement.
2. Interpretation.
PART II
TRADE UNION ADMINISTRATION
Register of members' names and addresses
3. Duty to maintain register of members' names and addresses.
4. Securing confidentiality of register during ballots.
5. Remedy for failure: application to Certification Officer.
6. Remedy for failure: application to High Court.
Financial affairs of unions, etc.
7. Annual return to include additional information.
8. Statement to members following annual return.
9. Investigation of financial affairs.
10. Offences.
11. Disqualification of offenders.
PART III
ELECTIONS FOR CERTAIN POSITIONS
Duty to hold elections
12. Duty to hold elections for certain positions.
Requirements to be satisfied with respect to elections
13. Candidates.
14. Election addresses.
15. Appointment of independent scrutineer.
16. Entitlement to vote.
17. Voting.
18. Counting of votes etc. by independent person.
19. Scrutineer's report.
20. Uncontested elections.
Remedy for failure to comply with requirements
21. Remedy for failure to comply with requirements: general.
22. Application to Certification Officer.
23. Application to High Court.
Supplementary
24. Exemption of newly-formed trade unions, etc.
25. Exemption of certain persons nearing retirement.
26. Period for giving effect to election.
27. Overseas members.
28. Other supplementary provisions.
PART IV
RIGHTS IN RELATION TO TRADE UNION MEMBERSHIP
Right to a ballot before industrial action
29. Right to a ballot before industrial action.
Right not to be denied access to the courts
30. Right not to be denied access to the courts.
Right not to be unjustifiably disciplined
31. Right not to be unjustifiably disciplined.
32. Meaning of "unjustifiably disciplined".
33. Complaint of infringement of right.
34. Further remedies for infringement of right.
Right not to suffer deduction of unauthorised or excessive union subscriptions
35. Right not to suffer deduction of unauthorised or excessive subscriptions.
36. Complaint of infringement of rights.
Right to terminate membership of union
37. Right to terminate membership of union.
Right not to be expelled from trade union
38. Right not to be expelled from union.
39. Time limit for proceedings.
40. Remedies.
41. Interpretation and other supplementary provisions.
Access to employment
42. Access to employment.
Action short of dismissal
43. Action short of dismissal: non infringing actions.
Supplementary
44. Membership of constituent or affiliated organisation.
PART V
APPLICATION OF FUNDS FOR POLITICAL OBJECT
Restriction on use of funds for certain political objects
45. Restriction on use of funds for political objects.
46. Political objects to which restriction applies.
Political resolution
47. Passing and effect of political resolution.
48. Approval of political ballot rules.
49. Appointment of independent scrutineer.
50. Entitlement to vote.
51. Voting.
52. Counting of votes etc. by independent person.
53. Scrutineer's report.
54. Remedy for failure to comply with ballot rules: general.
55. Application to Certification Officer.
56. Application to High Court.
The political fund
57. Rules as to political fund.
58. Assets and liabilities of political fund.
59. Contributions to the political fund from members of the union.
Duties of employer who deducts union contributions
60. Employer not to deduct contributions where member gives certificate.
61. Application to county court in respect of employer's failure.
62. Application of provisions of Wages Order.
Position where political resolution ceases to have effect
63. Administration of political fund where no resolution in force.
64. Discontinuance of contributions to political fund.
65. Rules to cease to have effect.
Supplementary
66. Manner of making union rules.
67. Effect of amalgamation.
68. Overseas members.
69. Appeals from Certification Officer.
70. Meaning of "date of the ballot".
71. Application to Great Britain unions and members.
72. Application of Part V to certain bodies.
PART VI
AMALGAMATIONS AND SIMILAR MATTERS
Amalgamation or transfer of engagements
73. Amalgamation or transfer of engagements.
74. Approval of instrument of amalgamation or transfer.
75. Notice to be given to members.
76. Requirement of ballot on resolution.
77. Appointment of independent scrutineer.
78. Entitlement to vote.
79. Voting.
80. Counting of votes etc. by independent person.
81. Scrutineer's report.
82. Registration of instrument of amalgamation or transfer.
83. Power to alter rules of transferee union for purposes of transfer.
84. Complaints as regards passing of resolution.
85. Appeal from decision of Certification Officer.
86. Transfer of property on amalgamation or transfer.
87. Amalgamation or transfer involving Great Britain union.
Change of name
88. Change of name of trade union.
Supplementary
89. General power to make regulations.
90. Application of Part VI to employers' associations.
PART VII
ASSISTANCE FOR CERTAIN LEGAL PROCEEDINGS
91. Proceedings in relation to which assistance may be provided.
92. Application for assistance: its consideration.
93. Provision of assistance.
94. Title of proceedings where assistance provided.
95. Recovery of sums paid in case of fraud.
96. Supplementary provisions.
PART VIII
INDUSTRIAL ACTION
Protection of acts in contemplation or furtherance of trade dispute
97. Protection from certain tort liabilities.
98. Peaceful picketing.
99. Restrictions on grant of injunctions.
Action excluded from protection
100. Action to enforce trade union membership.
101. Action taken because of dismissal for taking unofficial action.
102. Secondary action.
103. Pressure to impose union recognition requirement.
Requirement of ballot before action by trade union
104. Requirement of ballot before action by trade union.
105. Notice of ballot and sample voting paper for employers.
106. Appointment of independent scrutineer.
107. Exclusion for small ballots.
108. Entitlement to vote.
109. Separate workplace ballots.
110. Voting.
111. Conduct of ballot.
112. Information as to result of ballot.
113. Employers to be informed of ballot result.
114. Scrutineer's report.
115. Overseas members.
116. Calling of industrial action with support of ballot.
117. Period after which ballot ceases to be effective.
118. Notice to employers of industrial action.
119. Construction of references to contract of employment.
Industrial action affecting supply of goods or services to an individual
120. Industrial action affecting supply of goods or services to an individual.
121. Application for assistance for proceedings under Article 120.
122. Provisions supplementary to Article 121.
No compulsion to work
123. No compulsion to work.
Criminal offences
124. Breach of contract involving injury to persons or property.
125. Intimidation or annoyance by violence or otherwise.
126. Restriction of offence of conspiracy.
Supplementary
127. Meaning of "trade dispute" in Part VIII.
128. Crown employees and contracts.
129. Minor definitions.
PART IX
THE NORTHERN IRELAND COMMISSIONER FOR THE RIGHTS OF TRADE UNION MEMBERS AND THE NORTHERN IRELAND COMMISSIONER FOR PROTECTION AGAINST UNLAWFUL INDUSTRIAL ACTION
130. The Commissioners.
131. Terms of appointment of Commissioners.
132. Remuneration, pension, etc.
133. Staff of the Commissioners.
134. Financial provisions.
135. Annual report and accounts.
PART X
MISCELLANEOUS AMENDMENTS
Unfair dismissal
136. Dismissal of those taking part in unofficial industrial action.
Liability of trade union in certain proceedings in tort
137. Liability of trade union in proceedings in tort.
The Agency
138. Functions of the Agency.
139. Fees for exercise of functions by Agency.
Ballots
140. Ballots: repeal of provisions for financial assistance and use of employers' premises.
PART XI
MISCELLANEOUS AND GENERAL
Crown employment, etc.
141. Crown employment.
142. Armed forces.
143. Exemption on grounds of national security.
Health service practitioners
144. Health service practitioners.
Police service
145. Police service.
Contracting out, etc.
146. Restriction on contracting out,
147. Employment governed by foreign law.
Industrial tribunal proceedings
148. General provisions as to conciliation.
Regulations and orders
149. Regulations and orders.
Amendments, transitional provisions and repeals
150. Amendments, transitional provisions and repeals.
SCHEDULES:
Schedule 1 - Articles 48 to 48F of the No. 2 Order, as Inserted.
Schedule 2 - Amendments.
Schedule 3 - Transitional Provisions.
Schedule 4 - Repeals.
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 ( a) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
(a) 1974 c. 28
PART I
INTRODUCTORY
Title and commencement
1.- (1) This Order may be cited as the Trade Union and Labour Relations (Northern Ireland) Order 1995.
(2) This Order shall come into operation on such day or days as the Department may by order appoint.
Interpretation
2.- (1) The Interpretation Act (Northern Ireland) 1954 ( a) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order-
"act" and "action" each includes omission and references to doing an act or taking action shall be construed accordingly;
"the Agency" means the Labour Relations Agency;
"the appointed day", in any provision, means the day appointed under Article l(2) for the coming into operation of that provision;
"branch" or...
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