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TRADE UNION ACT 1913

TRADE UNION ACT 1913 - LONG TITLE

An Act to amend the Law with respect to the objects and powers of
Trade Unions.
[7th March 1913]
Amendment of law as to objects and powers of trade unions.

TRADE UNION ACT 1913 - SECT 1

1.(1) The fact that a combination has under its constitution objects
or powers other than statutory objects within the meaning of this
Act shall not prevent the combination being a trade union for the
purposes of the Trade Union Acts, 1871 to 1906, so long as the
combination is a trade union as defined by this Act, and, subject
to the provisions of this Act as to the futherance of political
objects, any such trade union shall have power to apply the funds
of the union for any lawful objects or purposes for the time being
authorised under its constitution.

(2) For the purposes of this Act, the expression "statutory objects"
means the objects mentioned in section sixteen of the Trade Union
Act Amendment Act, 1876, namely, the regulation of the relations
between workmen and masters, or between workmen and workmen, or
between masters and masters, or the imposing of restrictive
conditions on the conduct of any trade or business, and also the
provision of benefits to members.

TRADE UNION ACT 1913 - SECT 2
Definition of trade union.

2.(1) The expression "trade union" for the purpose of the Trade
Union Acts, 1871 to 1906, and this Act, means any combination,
whether temporary or permanent, the principal objects of which are
under its constitution statutory objects: Provided that any
combination which is for the time being registered as a trade union
shall be deemed to be a trade union as defined by this Act so
long as it continues to be so registered.

(2) The Registrar of Friendly Societies shall not register any
combination as a trade union unless in his opinion, having regard
to the constitution of the combination, the principal objects of the
combination are statutory objects, and may withdraw the certificate
of registration of any such registered trade union if the
constitution of the union has been altered in such a manner that,
in his opinion, the principal objects of the union are no longer
statutory objects, or if in his opinion the principal objects for
which the union is actually carried on are not statutory objects.

(3) Any unregistered trade union may, if they think fit, at any
time without registering the union apply to the Registrar of
Friendly Societies for a certificate that the union is a trade
union within the meaning of this Act, and the Registrar, if
satisfied, having regard to the constitution of the union and the
mode in which the union is being carried on, that the principal
objects of the union are statutory objects, and that the union is
actually carried on for those objects, shall grant such a
certificate, but the Registrar may, on an application made by any
person to him for the purpose, withdraw any such certificate if
satisfied, after giving the union an opportunity of being heard,
that the certificate is no longer justified.

(4) Any person aggrieved by any refusal of the Registrar to
register a combination as a trade union, or to give a certificate
that an unregistered trade union is a trade union within the
meaning of this Act, or by the withdrawal under this section of a
certificate of registration, or of a certificate that an unregistered
union is a trade union within the meaning of this Act, may appeal
to the High Court, ....

(5) A certificate of the Reistrar that a trade union is a trade
union within the meaning of this Act shall, so long as it is in
force, be conclusive for all purposes.

TRADE UNION ACT 1913 - SECT 3
Restriction on application of funds for certain political purposes.

3.(1) The funds of a trade union shall not be applied, either
directly or in conjunction with any other trade union, association,
or body, or otherwise indirectly, in the futherance of the political
objects to which this section applies (without prejudice to the
furtherance of any other political objects), unless the futherance of
those objects has been approved as an object of the union by a
resolution for the time being in force passed on a ballot of the
members of the union taken in accordance with this Act for the
purpose by a majority of the members voting; and where such a
resolution is in force, unless rules, to be approved, whether the
union is registered or not, by the Registrar of Friendly Societies,
are in force providing

(a)That any payments in the furtherance of those objects are to be
made out of a separate fund (in this Act referred to as the
political fund of the union), [and for the exemption in accordance
with this Act of any member of the union from any obligation to
contribute to such a fund if he gives notice in accordance with
this Act that he objects to contribute]; and

(b)That a member who is exempt from the obligation to contribute to
the political fund of the union shall not be excluded from any
benefits of the union, or placed in any respect either directly or
indirectly under any disability or at any disadvantage as compared
with other members of the union (except in relation to the control
or management of the political fund) by reason of his being so
exempt, and that contribution to the political fund of the union
shall not be made a condition for admission to the union.

(2) If any member of a trade union alleges that he is aggrieved
by a breach of any rule made in pursuance of this section, he may
complain to the Registrar of Friendly Societies, and the Registrar
of Friendly Societies, after giving the complainant and any
representative of the union an opportunity of being heard, may, if
he considers that such a breach has been committed, make such order
for remedying the breach as he thinks just under the circumstances;
and any such order of the Registrar shall be binding and conclusive
on all parties without appeal and shall not be removable into any
court of law or restrainable by injunction, and, on being recorded
in the county court, may be enforced as if it had been an order
of the county court. ...

(3) The political objects to which this section applies are the
expenditure of money

(a)on the payment of any expenses incurred either directly or
indirectly by a candidate or prospective candidate for election to
Parliament or to any public office, before, during, or after the
election in connexion with his candidature or election; or

(b)on the holding of any meeting or the distribution of any
literature or documents in support of any such candidate or
prospective candidate; or

(c)on the maintenance of any person who is a member of Parliament
or who holds a public office; or

(d)in connexion with the registration of electors or the selection
of a candidate for Parliament or any public office; or

(e)on the holding of political meetings of any kind, or on the
distribution of political literature or political documents of any
kind, unless the main purpose of the meetings or of the
distribution of the literature or documents is the futherance of
statutory objects, within the meaning of this Act.

The expression "public office" in this section means the office of
member [of a district council established under the Local Government
Act (Northern Ireland) 1972 ...] ....

(4) A resolution under this section approving political objects as
an object of the union shall take effect as if it were a rule of
the union and may be rescinded in the same manner and subject to
the same provisions as such a rule.

(5) The provisions of this Act as to the application of the funds
of a union for political purposes shall apply to a union which is
in whole or in part an association or combination of other unions
as if the individual members of the component unions were the
members of that union and not the unions; but nothing in this Act
shall prevent any such component union from collecting from any of
their members who are not exempt on behalf of the association or
combination any contributions to the political fund of the
association or combination.

TRADE UNION ACT 1913 - SECT 4
Approval of rules.

4.(1) A ballot for the purposes of this Act shall be taken in
accordance with rules of the union to be approved for the purpose,
whether the union is registered or not, by the Registrar of
Friendly Societies, but the Registrar of Friendly Societies shall not
approve any such rules unless he is satisfied that every member has
an equal right, and, if reasonably possible, a fair opportunity of
voting, and that the secrecy of the ballot is properly secured.

[(2) If the Registrar of Friendly Societies is satisfied, and
certifies, that rules for the purpose of a ballot under this Act
or rules made for other purposes of this Act which require approval
by the Registrar, have been approved by a majority of members of a
trade union, whether registered or not, voting for the purpose, or
by a majority of delegates of such a trade union voting at a
meeting called for the purpose, those rules shall have effect as
rules of the union, notwithstanding that the provisions of the rules
of the union as to the alteration of rules or the making of new
rules have not been complied with.][

TRADE UNION ACT 1913 - SECT 5
Notice of objection to contribute toward political objects.

5.(1) A member of a trade union may at any time give notice, in
the form set out in the Schedule to this Act or in a form to
the like effect, that he objects to contribute to the political
fund of the union, and, on the adoption of a resolution of the
union approving the furtherance of political objects as an object of
the union, notice shall be given to the members of the union
acquainting them that each member has a right to be exempt from
contributing to the political fund of the union, and that a form
of exemption notice can be obtained by or on behalf of a member
either by application at or by post from the head office or any
branch office of the union or the office of the Registrar of
Friendly Societies.

Any such notice to members of the union shall be given in
accordance with rules of the union approved for the purpose by the
Registrar of Friendly Societies, having regard in each case to the
existing practice and to the character of the union.

(2) On giving notice in accordance with this Act of his objection
to contribute, a member of the union shall be exempt, so long as
his notice is not withdrawn, from contributing to the political fund
of the union as from the first day of January next after the
notice is given, or, in the case of a notice given within one
month after the notice given to members under this section on the
adoption of a resolution approving the futherance of political
objects, as from the date on which the member's notice is given.][

TRADE UNION ACT 1913 - SECT 6
Mode of giving effect to exemption from contributions to political
fund.

6. Effect may be given to the exemption of members to contribute
to the political fund of a union either by a separate levy of
contributions to that fund from the members of the union who are
not exempt, and in that case the rules shall provide that no
moneys of the union other than the amount raised by such separate
levy shall be carried to that fund, or by relieving any members
who are exempt from the payment of the whole or any part of any
periodical contributions required from the members of the union
towards the expenses of the union, and in that case the rules
shall provide that the relief shall be given as far as possible to
all members who are exempt on the occasion of the same periodical
payment and for enabling each member of the union to know as
respects any such periodical contribution, what portion, if any, of
the sum payable by him is a contribution to the political fund of
the union.]

TRADE UNION ACT 1913 - SECT 7
Definition of Registrar of Friendly Societies.

7. The Registrar of Friendly Societies means in relation to a
registered trade union whose registered office, or an unregistered
trade union whose principal office, is situated in England or Wales,
the Chief Registrar of Friendly Societies, and in relation to a
registered trade union whose registered office, or an unregistered
trade union whose principal office, is situated in Scotland or
Ireland, the Assistant Registrar of Friendly Societies for Scotland
or Ireland respectively.

TRADE UNION ACT 1913 - SECT 8
Short title and construction.

8. This Act may be cited as the Trade Union Act, 1913, and shall
be construed as one with the Trade Union Acts, 1871 and 1876; and
this Act and the Trade Unions Acts, 1871 to 1906, may be cited
together as the Trade Union Acts, 1871 to 1913.

I hereby give notice that I object to contribute to the Political
Fund of the Union, and am in consequence exempt, in manner provided
by the Trade Union Act, 1913, from contributing to that fund.

19.]PS0800References