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TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965

TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - LONG
TITLE

An Act to amend the law relating to the amalgamation of trade
unions, the transfer of engagements from one trade union to another
and the alteration of the name of a trade union.
[16th February 1965]
Conditions necessary for amalgamations and transfers of engagements of
trade unions.

TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT
1

1.(1) Subject to this section

(a)two or more trade unions may amalgamate and become one trade
union, with or without a division or dissolution of the funds of
any one or more of those unions, but shall not do so unless, in
the case of each of the amalgamating unions, a resolution which
approves an instrument of amalgamation approved by the Registrar has
been passed on a vote taken in a manner which satisfies the
conditions specified in subsection (2);

(b)a trade union may transfer its engagements to any other trade
union which undertakes to fulfil those engagements, but shall not do
so unless, in the case of the transferor union, a resolution which
approves an instrument of transfer approved by the Registrar has
been passed on a vote taken in a manner which satisfies the said
conditions.

(2) The conditions referred to in subsection (1) are the following,
that is

(a)every member of the union must be entitled to vote on the
resolution;

(b)every member of the union must be allowed to vote without
interference or constraint and must, so far as is reasonably
possible, be given a fair opportunity of voting;

(c)the method of voting must involve the marking of a voting paper
by the person voting;

(d)all reasonable steps must have been taken by the union to secure
that, not less than fourteen days before voting on the resolution
begins, every member of the union is supplied with a notice in
writing approved for the purpose by the Registrar.

(3) The notice referred to in subsection (2)(d)

(a)shall either set out in full the instrument of amalgamation or
transfer to which the resolution relates, or give an account of it
sufficient to enable those receiving the notice to form a reasonable
judgment of the main effects of the proposed amalgamation or
transfer; and

(b)if it does not set out the instrument in full, shall state
where copies of the instrument may be inspected by those receiving
the notice;

(4) Before a resolution to approve an instrument of amalgamation or
transfer is voted on by the members of a trade union

(a)that instrument; and

(b)the notice proposed to be supplied to members of the union in
accordance with subsection (2)(d);

(5) An instrument of amalgamation or transfer shall not take effect
before it has been registered by the Registrar under this Act, and
shall not be so registered before the expiration of a period of
six weeks beginning with the date on which an application for its
registration is sent to the Registrar.

(6) No such amalgamation or transfer as is mentioned in subsection
(1) shall prejudice any right of any creditor of any trade union
party thereto.

TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT
2
Manner of voting on, and majority required for, resolution.

2.(1) Section 1 shall apply in relation to every amalgamation or
transfer of engagements notwithstanding anything in the rules of any
of the trade unions concerned or in the following provisions of
this section.

(2) For the purposes of the passing of a resolution to approve an
instrument of amalgamation or transfer, the committee of management
or other governing body of a trade union shall, unless the rules
of that union expressly provide that this subsection shall not apply
in relation to that union, have power, notwithstanding anything in
the rules of the union, to arrange for a vote of the members of
that union to be taken in any manner which that body think fit.

(3) Subject to subsection (4), where, in the case of a trade
union, a vote is taken (whether under arrangements made under
subsection (2) or under provisions in the rules of the union) on a
resolution to approve an instrument of amalgamation or transfer, a
simple majority of the votes recorded shall be sufficient to pass
the resolution, notwithstanding anything in the rules of the union
and, in particular, notwithstanding anything in those rules which,
but for this subsection, would require the resolution

(a)to be passed by a majority greater than a simple majority; or

(b)to be voted on by not less than a specified proportion of the
members of the union.

(4) The provisions of subsection (3) shall not apply in the case
of a union whose rules expressly provide that that subsection shall
not apply in relation to that union.

TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT
3
Power to alter rules of transferee union for purposes of transfer
of engagements.

3. Where a trade union proposes to transfer its engagements to
another trade union, and an alteration of the rules of the
transferee union is necessary to give effect to provisions in the
instrument of transfer, the committee of management or other
governing body of the transferee union shall, unless the rules of
that union expressly provide that this section shall not apply in
relation to that union, have power, notwithstanding anything in the
rules of that union, by memorandum in writing to alter the rules
of that union so far as is necessary to give effect to those
provisions; but an alteration of the transferee union's rules under
this section shall not take effect unless or until the instrument
of transfer takes effect.

TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT
4
Complaints to Registrar as regards passing of resolution.

4.(1) A member of a trade union which passes or purports to pass
a resolution approving an instrument of amalgamation or transfer may
complain to the Registrar on one or more of the following grounds,
that is

(a)that the manner in which the vote on the resolution was taken
did not satisfy the conditions specified in section 1(2); or

(b)where that vote was taken under arrangements made under section
2(2), that the manner in which it was taken was not in accordance
with the arrangements; or

(c)where that vote was taken under provisions in the rules of the
union, that the manner in which it was taken was not in accordance
with those rules; or

(d)that the votes recorded did not have the effect of passing the
resolution.

(2) A complaint under this section may be made at any time before,
but shall not be made after, the expiration of a period of six
weeks beginning with the date on which an application for
registration of the instrument of amalgamation or transfer is sent
to the Registrar; and where a complaint is made under this section,
the Registrar shall not register the instrument under this Act
before the complaint is finally determined.

(3) Where a complaint is made under this section the Registrar may
either dismiss it or, if after giving the complainant and the trade
union an opportunity of being heard he finds the complaint to be
justified, may either

(a)so declare, but make no order under this subsection thereon; or

(b)make an order specifying the steps which must be taken before he
will entertain any application to register the instrument of
amalgamation or transfer, as the case may be.

(4) It shall be the duty of the Registrar to furnish a statement,
either written or oral, of the reasons for any decision which he
gives on a complaint under this section.

(5) The Registrar may from time to time by order vary any order
made under subsection (3), and after making an order under that
subsection in relation to an instrument of amalgamation or transfer
shall not entertain any application to register that instrument
unless he is satisfied that the steps specified in the order (or,
where the order has been varied, in the order as varied) have been
taken.

(6) Schedule 1 shall apply in relation to complaints under this
section.

(7) Subject to subsection (8), the validity of a resolution
approving an instrument of amalgamation or transfer shall not be
questioned in any legal proceedings whatsoever (except proceedings
before the Registrar under this section or any proceedings arising
out of such proceedings) on any ground on which a complaint could
be, or could have been, made to the Registrar under this section.

(8) In the course of proceedings on a complaint under this section
the Registrar may, at the request of the complainant or of the
trade union, state a case for the opinion of the Court of Appeal
on any question of law arising in the proceedings.

The decision of the Court of Appeal on a case stated under this
subsection shall be final.

(9) Anything which under this section is required or authorised to
be done by, to or before the Registrar may be done by, to or
before such person as the Registrar may, with the approval of the
Minister of Commerce, appoint for the purpose and where a person is
so appointed in connection with any complaint under this section,
Schedule 1 shall apply in relation to that complaint as if any
reference therein to the Registrar included a reference to that
person.

(10) It is hereby declared that the Arbitration Act (Northern
Ireland) 1937 does not apply to proceedings on a complaint under
this section.

(11) For the purposes of this section a complaint which is
withdrawn shall be deemed to be finally determined at the time when
it is withdrawn.

TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT
5
1937 c.8

5.(1) Subject to this section, where an instrument of amalgamation
or transfer takes effect, the property held

(a)for the benefit of any of the amalgamating unions or for the
benefit of a branch of any of those unions, by the trustees of
the union or branch; or

(b)for the benefit of the transferor trade union or for the benefit
of a branch of the transferor trade union, by the trustees of the
union or branch;

(2) Subsection (1) shall not apply

(a)to property excepted from the operation of this section by the
instrument of amalgamation or transfer; or

(b)to stocks and securities in the public funds of Northern Ireland
or the United Kingdom.

(3) In this section "the appropriate trustees" means

(a)in the case of any property to be held for the benefit of a
branch of the amalgamated union or for the benefit of a branch of
the transferee union, the trustees of that branch, unless the rules
of the amalgamated or transferee union provide that the property to
be so held shall be held by the trustees of the union; and

(b)in any other case, the trustees of the amalgamated or transferee
union.

(4) For the removal of doubt it is hereby declared that if, in
the case of an amalgamation of two or more trade unions each
qualified under section 3 of the Trade Union Act 1913 to operate
such a fund as is mentioned in subsection (1)(a) of that section,
the rules of the amalgamated union in force immediately after the
amalgamation include such rules as are required by that section,
that union is to be treated for the purposes of that section as
having immediately after the amalgamation passed such a resolution as
is mentioned in subsection (1) of that section, with power to
rescind it under subsection (4) thereof.

TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT
6
1913 c.30

6.(1) Subject to this section, a trade union may change its name
by any method of doing so expressly provided for by its rules or,
if its rules do not expressly provide for a method of doing so,
by adopting in accordance with its rules an alteration of the
provision in them which gives the union its name.

(2) In the case of a registered trade union, a change of name
shall not take effect until it is registered by the Registrar under
this Act; and the Registrar shall not register a change of name if
it appears to him that registration of the union under the proposed
new name would be contrary to section 13(3) of the Trade Union Act
1871 (which prohibits registration under a name identical with, or
too nearly resembling, that of another registered trade union).

(3) Where a trade union changes its name, the change of name shall
not affect any right or obligation of the union or of any of its
members, and any pending legal proceedings may be continued by or
against the trustees of the union or any other officer of the
union who can sue or be sued on its behalf, notwithstanding its
change of name.

TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT
7
1871 c.31

7.(1) The Ministry of Health and Social Services may, with the
concurrence of the Ministry of Commerce, make regulations as respects

(a)applications to the Registrar under this Act;

(b)the registration under this Act of any document or matter;

(c)the inspection of documents kept by the Registrar under this Act;

(d)the charging of fees in respect of such matters, and of such
amounts, as may with the approval of the Ministry of Finance be
prescribed by the regulations;

(2) Regulations under this section may in particular

(a)require any application for the registration of an instrument of
amalgamation or transfer or a change of name to be accompanied by
such statutory declarations or other documents as may be specified
in the regulations;

(b)make provision as to the form or content of any document
required by this Act or by the regulations to be sent or submitted
to the Registrar and the manner in which any such document is to
be signed or authenticated;

(c)authorise the Registrar to require notice to be given or
published in such manner as he may direct of the fact that an
application for registration of an instrument of amalgamation or
transfer has been or is to be made to him.

(3) Any regulations made under this section shall be subject to
negative resolution.

TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT
8
Regulations.

8. In this Act

"the amalgamating unions" and "the amalgamated union", in relation to
a proposed amalgamation, mean respectively the trade unions proposing
to amalgamate and the trade union which is to result from the
proposed amalgamation;

"Great Britain union" has the meaning assigned to it by section
9(2);

"registered trade union" means a trade union registered or deemed to
be registered under the Trade Union Acts (Northern Ireland) 1871 to
1958;

"the Registrar" means the officer appointed to perform in Northern
Ireland the functions of registrar of friendly societies;

"trade union" means a trade union within the meaning of the Trade
Union Act 1913, whether registered or not, other than a Great
Britain union;

"the transferor trade union" and "the transferee trade union", in
relation to a proposed transfer of engagements, mean respectively the
trade union proposing to transfer its engagements and the trade
union proposing to accept them.

TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT
9
1913 c.30

9.(1) This Act shall have effect in relation to amalgamations and
transfers of engagements to which both a trade union and a Great
Britain union are parties subject to the modifications specified in
Schedule 2.

[(2) In this Act "Great Britain union" means a trade union or
employers' association within the meaning of the Trade Union and
Labour Relations Act 1974, being either

(a)a union whose name is for the time being entered in the list
of trade unions or of employers' associations under section 8 of
that Act; or

(b)a union or association whose name is not so entered, but whose
principal office is situated in England, Wales or Scotland.]

S.10(1), with Schedule 3, effects repeals; subs.(2) spent

TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT
11
1974 c.52

11.(1) This Act may be cited as the Trade Union (Amalgamations,
etc.) Act (Northern Ireland) 1965, and may be cited together with
the Trade Union Acts (Northern Ireland) 1871 to 1958 as the Trade
Union Acts (Northern Ireland) 1871 to 1965.

Subs.(2) rep. by SLR 1973

1. On a complaint made under section 4 the Registrar may

(a)require the attendance of the complainant or of any officer of
the trade union, and may, on the application of the complainant or
any such officer, require the attendance of any person as a
witness;

(b)require the production of any documents relating to the matters
complained of;

(c)administer oaths and take affirmations, and require the
complainant, any officer of the trade union or any person attending
as a witness to be examined on oath or affirmation;

(d)grant to the complainant or to any officer of the trade union
such discovery as to documents and otherwise, or such inspection of
documents, as might be granted by the county court;

(e)order the whole or any part of the expenses of hearing the
complaint, as certified by the Registrar, to be paid either out of
the funds of the trade union or by the complainant; and

(f)order that the expenses of the proceedings incurred by the
complainant or by the trade union shall be paid by the trade union
out of its funds or by the complainant, as the case may be, and
may tax or settle the amount of any expenses to be paid under any
such order or direct in what manner they are to be taxed.

2. A person who, on the application of any person, is required to
attend before the Registrar as a witness in proceedings on a
complaint under section 4 shall be entitled to be paid by the
person on whose application he is so required

(a)such sum in respect of loss of time and travelling expenses as
he would be entitled to on being served with a summons to attend
as a witness in the county court, and

(b)if he duly attends, a sum equal to the further allowances, if
any, to which he would be entitled if attending as a witness in
proceedings in the county court.

3. If any person without reasonable excuse fails or refuses to
comply with any requisition of the Registrar under sub-paragraphs (a)
to (c) of paragraph 1 or any order of the Registrar made in
pursuance of sub-paragraph (d) of that paragraph, he shall, subject
to paragraph 4, be liable on summary conviction to a fine not
exceeding fifty pounds or to imprisonment for a term not exceeding
three months, or to both.

4. A person shall not be convicted of an offence under paragraph 3
by reason of failure or refusal on his part to comply with a
requisition to attend as a witness before the Registrar unless any
sum to which he is entitled under paragraph 2(a) has been paid or
tendered.

5. Any sum payable by virtue of an order under paragraph 1(e) or
(f) shall be a civil debt due to the person to whom it is so
payable and shall be recoverable in any court of competent
jurisdiction.

1. Subject to this Schedule, any reference to a trade union (except
in section 6) shall include a reference to a Great Britain union.

2.(1) The requirements of section 1 as to the approval of the
instrument of amalgamation or transfer by a resolution of the trade
union or trade unions concerned shall not apply to any Great
Britain union, but the Registrar shall not under section 1(5)
register the instrument unless he is satisfied that the instrument
will be effective under the law of Great Britain.

(2) In accordance with sub-paragraph (1), nothing in section 2 or
section 4 shall apply in relation to the passing of a resolution
by a Great Britain union.

3. Nothing in section 3 shall apply in relation to the alteration
of the rules of a Great Britain union.

4. Where an instrument of amalgamation or transfer is submitted to
the Registrar for his approval under section 1(4), the Registrar
shall not give his approval unless the instrument states which of
the bodies concerned is a Great Britain union, and, in the case of
an instrument of amalgamation, shall not give his approval unless
the instrument also states whether the resultant body is to be a
trade union or a Great Britain union.

Schedule 3Repeals

Section 4.

Section 9.