[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/tuaaa1876233.txt

[New search] [Help]

TRADE UNION ACT AMENDMENT ACT 1876

TRADE UNION ACT AMENDMENT ACT 1876 - LONG TITLE

An Act to amend the Trade Union Act, 1871.{1}
[30th June 1876]
Preamble rep. by SLR 1894

TRADE UNION ACT AMENDMENT ACT 1876 - SECT 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.

TRADE UNION ACT AMENDMENT ACT 1876 - SECT 2
Insurance of children.

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 amends 1871 c.31 s.8

TRADE UNION ACT AMENDMENT ACT 1876 - SECT 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 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.

TRADE UNION ACT AMENDMENT ACT 1876 - SECT 5
Jurisdiction in case of 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.

TRADE UNION ACT AMENDMENT ACT 1876 - SECT 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.

In this section "country" means England, Scotland, or Ireland.

S.7 rep. by 1909 c.49 s.37 sch.9

TRADE UNION ACT AMENDMENT ACT 1876 - SECT 8
Withdrawal or cancelling of certificate.

8. No certificate of registration of a trade union shall be
withdrawn or cancelled otherwise than by the chief registrar of
Friendly Societies, or in the case of trade unions registered and
doing business exclusively in ... Ireland, by the assistant registrar
for ... Ireland, and in the following cases:

(1)At the request of the trade union to be evidenced in such
manner as such chief or assistant registrar shall from time to time
direct:

(2)On proof to his satisfaction that a certificate of registration
has been obtained by fraud or mistake, or that the registration of
the trade union has become void under section six of the Trade
Union Act, 1871, or that such trade union has wilfully and after
notice from a registrar whom it may concern, violated any of the
provisions of the Trade Union Acts, or has ceased to exist.

Not less than two months previous notice in writing, specifying
briefly the ground of any proposed withdrawal or cancelling of
certificate (unless where the same is shown to have become void as
aforesaid, in which case it shall be the duty of the chief or
assistant registrar to cancel the same forthwith) shall be given by
the chief or assistant registrar to a trade union before the
certificate of registration of the same can be withdrawn or
cancelled (except at its request).

A trade union whose certificate of registration has been withdrawn
or cancelled shall, from the time of such withdrawal or cancelling,
absolutely cease to enjoy as such the privileges of a registered
trade union, but without prejudice to any liability actually incurred
by such trade union, which may be enforced against the same as if
such withdrawal or cancelling had not taken place.

TRADE UNION ACT AMENDMENT ACT 1876 - SECT 9
Membership of minors.

9. A person under the age of [eighteen], but above the age of
sixteen, may be a member of a trade union unless provision be made
in the rules thereof to the contrary, and may, subject to the
rules of the trade union, enjoy all the rights of a member except
as herein provided, and execute all instruments and give all
acquittances necessary to be executed or given under the rules, but
shall not be a member of the committee of management, trustee, or
treasurer of the trade union.

TRADE UNION ACT AMENDMENT ACT 1876 - SECT 10
Nomination.

10. A member of a trade union not being under the age of sixteen
years may, by writing under his hand, delivered at, or sent to,
the registered office of the trade union, nominate any person not
being an officer or servant of the trade union (unless such officer
or servant is the husband, wife, father, mother, child, brother,
sister, nephew, or niece of the nominator), to whom any moneys
payable on the death of such member not exceeding [one hundred]
pounds shall be paid at his decease, and may from time to time
revoke or vary such nomination by a writing under his hand
similarly delivered or sent; and on receiving satisfactory proof of
the death of a nominator, the trade union shall pay to the nominee
the amount due to the deceased member not exceeding the sum
aforesaid.

Ss.1113 rep. with saving by 1965 c.2 (NI) s.10 sch.3

TRADE UNION ACT AMENDMENT ACT 1876 - SECT 14
Dissolution.

14. The rules of every trade union shall provide for the manner of
dissolving the same, and notice of every dissolution of a trade
union under the hand of the secretary and seven members of the
same, shall be sent within fourteen days thereafter to the central
office herein-before mentioned, or, in the case of trade unions
registered and doing business exclusively in Scotland or Ireland, to
the assistant registrar for Scotland or Ireland respectively, and
shall be registered by them: Provided, that the rules of any trade
union registered before the passing of this Act shall not be
invalidated by the absence of a provision for dissolution.

TRADE UNION ACT AMENDMENT ACT 1876 - SECT 15
Penalty for failure to give notice.

15. A trade union which fails to give any notice or send any
document which it is required by this Act to give or send, and
every officer or other person bound by the rules thereof to give
or send the same, or if there be no such officer, then every
member of the committee of management of the union, unless proved
to have been ignorant of, or to have attempted to prevent the
omission to give or send the same, is liable to a penalty of not
less than one pound and not more than five pounds, ... and to an
additional penalty of the like amount for each week during which
the omission continues.

TRADE UNION ACT AMENDMENT ACT 1876 - SECT 16
Definition of ""trade union''.

16. ....

The term "trade union" means any combination, whether temporary or
permanent, for regulating the relations between workmen and masters,
or between workmen and workmen, or between masters and masters, or
for imposing restrictive conditions on the conduct of any trade or
business, whether such combination would or would not, if the
principal Act had not been passed, have been deemed to have been
an unlawful combination by reason of some one or more of its
purposes being in restraint of trade.