Trade Unions

Background

Trade Unions have been the subject of special legislation since the late 19th Century. The legislation gives them many of the characteristics of companies and other incorporated bodies. They fall into the same broad category of legal organisation, as friendly societies, industrial and provident societies and credit unions.

The policy of the State has been to incentivise the rationalisation and reduction in the number of trade unions. The principal objective is to reduce the proliferation of trade unions in a single workplace. This existence of multiple unions makes effective collective bargaining difficult. The result of the manner in which the legislation has developed is that there are differing degrees of regulation of trade unions.

Trade Unions must register with the Registrar of Friendly Societies. Unions may be certified or registered by the Registrar. The Registrar has a range of functions in relation to matters affecting the administration of trade union. Since the 1940s, a trade union must have a negotiation licence in order, effectively to represent employees in collective bargaining and negotiations.


Definition/ Certification

A trade union is a permanent or temporary combination, for the purpose of regulating relations between employees and employers or for the imposition of restrictive conditions on a trade or business. A body or association of employers may be a trade union. The definition excludes partners, the employment relationship itself and agreements for the sale of the goodwill of a business.

A body which comes within the definition of a trade union may be certified and / or registered as a trade union by the Registrar of Friendly Societies. Provided the Registrar is satisfied that the objects of the body fall within the relevant definition and that the body is in fact and substance a trade union, a certificate is granted.

Certification may be cancelled. This may be done on the basis that the certificate is no longer justified, having regard to the rules of the union or the manner which it carries out its business. Certification of a trade union by itself is of limited value. It is sometimes undertaken by internal staff associations.


Registration

Subject to compliance with the provisions of the Act, a union may apply to be registered as such. Registration of a trade union entails greater advantages, than certification. A certificate of registration is issued to confirm registration. This is conclusive evidence of its status.

The application for registration must include details of the rules and of other particulars. The Registrar must ensure that the rules are lawful and that the union is in compliance with them. The union name must not be the same or confusingly similar to an existing name. The object of the union must accord with those specified in the legislation.

The Registrar may withdraw or cancel certification and /or registration under certain circumstances. This may be done at the request of the union, on amalgamation or on dissolution. An application may be made by a third party to have registration of the union withdrawn.

Registration may also be withdrawn if the union has violated any provisions of the Trade Union Act. Due process procedures apply in relation to the cancellation and withdrawal of registration. There is a right of appeal to the High Court against the decision of the Registrar.


Effect of Registration

Registration has significant benefits for trade unions in the following areas:

  • holding, selling and leasing property in their trustees’ names,
  • litigation regarding union assets;
  • limitations on the liabilities of union trustees;
  • special rules for recovery of monies;
  • exemption from income tax;
  • nomination of small sums by members without a grant of probate
  • the right to sue in its name;
  • the right to apply for a negotiating license.

Registration also entails certain obligation including

  • maintenance of a registered office;
  • making annual returns;
  • registration of change in union rules and other changes;
  • obligations to render accounts (which would apply to trustees in any event).

Negotiation Licence

Under legislation introduced in 1941, a trade union (or similar body) most hold a negotiation licence or be an “excepted body” in order to engage in collective bargaining. The legislation sets out the conditions for entitlement to and retention of a negotiation license. The principal purpose of the requirement was to reduce the proliferation of unions in order to rationalise collective bargaining.

Excepted include employer’s entities such as the board of directors or a partnership, which negotiates with their employees. Bodies of persons which carry on negotiations for fixing wage or employment conditions for their own employees only are exempt.

Excepted bodies cover a range of staff associations in the public and private sectors. They include

  • Civil Service staff associations;
  • Teachers’ organisations;
  • Joint Labour Committee;
  • Bodies designated by regulation;
  • Domestic / in-house staff bodies.

Designated bodies have been recognised by regulation. They include many trade and business association (for example, the Incorporated Law Society and the Royal Institute of the Architects of Ireland, industrial councils, County Councils). They are bodies which negotiate occasionally but which do not use industrial action

In-house bodies are those all of whose members are employed by a single employer and negotiate with it in relation to their wages and conditions of employment.


Authorised Trade Unions

Legislation in 1971 and 1975 introduced further requirements for authorised trade unions. A High Court deposit must be maintained. An authorised trade union is a body of persons which is entitled to be granted or who hold a negotiation licence.

Once the union meets the requisite conditions (or in other cases where High Court approval is granted), the union applies to the Minister for a negotiation license. Where the union qualifies as an authorised union as below, the Minister must grant the licence. The licence may be revoked if the Minister is satisfied that the licence holder has ceased to be authorised.

Unions which existed before key legislation was passed retained their pre-existing rights in most cases.  Irish based unions which had a negotiation licence prior to the 1971 Act, and the successor (e.g. on amalgamations of such unions) are entitled to licences, subject to being registered as a trade union and maintaining a deposit with the court offices.

The size of the deposit required is determined by the number of union members. The deposit is available to meet judgments and orders against the union, in the event that they are not satisfied or paid. The value of such sums has been eroded significantly by inflation.


New Authorised Trade Unions I

Irish Unions which apply for a negotiation licence after 1971. must comply with certain additional requirements, including:

  • registration under the Trade Unions Act;
  • that for at least 18 months, they have not less than 500 members resident in the State;
  • for at least 18 months before the application, they must notify the Department of Jobs, Enterprise and Innovation, the Congress of Trade Unions and trade unions of which members of the new body, are members, of its intention to make application;
  • that they publish the application in the specified manner;
  • that they lodge the above-mentioned deposit with the court offices.

New Authorised Trade Unions II

A union which fails to comply with the above conditions, may to the High Court for a declaration that the grant of a negotiation license would not be against the public interest. Evidence may be offered by the applicant the Minister and the ICTU.

The effect of the above legislation is that only a very small number of new unions have been granted negotiation licences since 1971.

Slightly different conditions apply to non-Irish based unions, which had a negotiation licence, whether prior to 1971 or afterwards. They are typically Irish branches of UK Trade Unions. The courts office deposit is required.


Authorisation Obligations

Authorised trade unions have certain continuing obligations. They must include in their rules, provisions specifying entitlement to membership and cessation of entitlement. They must maintain a register of members containing certain information. This register must be open to inspection by interested parties, including officers of the Department and persons who have an interest in the trade union’s funds.

Foreign-based unions which are not registered under the Trade Union Acts must maintain an office in the State. They must notify the Minister of a person ordinarily resident in the State who will accept service of documents on its behalf. It must notify the Minister of changes in its rules, management, trustees or other officers.

Authorised trade unions must file certain statements of the number of their members with the Minister on an ongoing basis.


Authorised TU Rights

Authorised trade unions are entitled to negotiate in relation to their member’s pay and terms and conditions of employment. The employer need not negotiate with them. Union recognition is not mandatory. However, there are provisions in   industrial relations legislation, which seek to facilitate and incentivise employee representation and collective negotiation.

Authorised trade unions and their members are entitled to the protection of the Industrial Relation Act immunities in relation to strike actions. The immunities apply, subject to certain conditions, to relieve the union and its members from civil liability in some circumstances, where industrial action might make them so liable.

A dismissal for membership of or activity in relation to an authorised trade union is deemed to be an unfair dismissal.

Relatively recent legislation has required employers in some larger scale businesses to consult and inform employees in relation to key matters. The rights may be exercised through authorised trade unions (and certain other representatives.)


Corporate Existence

Registered trade unions are not deemed automatically to be corporate bodies. They are commonly unincorporated associations, existing by virtue of a contract between their members (constituted by the terms of their rules).

The courts have taken different views as to whether the registration of a trade union deems it to be a separate legal entity.  Some courts have taken the view that there is a separate entity.

The legislation provides for dissolution of trade unions. The trade union rules must provide for the manner of dissolution. The rules must provide for the distribution of assets on a winding up.  Where the rules do not make provision for dissolution, the High Court has inherent jurisdiction to dissolve the union.


Amalgamation

The Trade Union Acts make provision for the amalgamation, and for the transfer of assets and engagements, of a union. The provisions for amalgamation and transfer of engagements are detailed.

An instrument of amalgamation must be drawn up. A ballot of the members of the relevant unions must be taken, in order to approve the resolutions. The vote must be by way of secret ballot. Members must not be constrained or interfered with in voting. Certain periods must expire, in order to ensure that each member has the opportunity to vote.

An amalgamation does not take effect until a period after the lodgment of the instrument with the Registrar. During this period, union members may make a complaint in relation to the amalgamation or transfer. There is a procedure for dealing with and determining complaints.

The legislation facilitates the automatic transfer of the assets and engagements of a trade union upon amalgamation or transfer. Upon amalgamation, the new entity must apply for a negotiation licence.


References and Sources

Primary References

Employment Law  Meenan  2014 Ch. 7

Employment Law Supplement Meenan 2016

Employment Law Regan & Murphy  2009  Ch.17 ( 2nd Ed 2017)

Employment Law in Ireland Cox & Ryan 2009 Ch.2

Irish Trade Union Law Kerr & Whyte 1985 Ch. 2 & 3

Other Irish Books

Employment Law Forde & Byrne 2009

Principles of Irish Employment Law         Daly & Doherty   2010

Acts

Trade Union Act 1871

Trade Union Act Amendment Act 1876

Trade Union Act 1913

Trade Union Act 1941

Trade Union Act 1942

Trade Union Act 1971

Trade Union Act 1975

Industrial Relations Act 1990

Periodicals and Reports

Employment Law Yearbook (annual) Arthur Cox

Employment Law Reports

Irish Employment Law Journal

Employment Law Review

Legislative Guides

Dismissal & Redundancy Consolidated Legislation   Barrett, G   2007

Irish Employment legislation (Looseleaf) Kerr  1999-

Employment Rights Legislation (IEL offprint)   Kerr  2006

Shorter Guides

Employment Law Nutshell    Donovan, D         2016

Employees: Know Your Rights       Eardly        2008

Essentials of Irish Labour Law       Faulkner    2013

Websites

Workplace Relations Commission http://www.lrc.ie/en/

Irish Human Rights and Equality Commission https://www.ihrec.ie/

Health and Safety Authority http://www.hsa.ie/eng/

UK Texts

Textbook on Employment Law, Honeyball, et al. 13th Ed. 2014

Labour Law, Deakin and Morris 5th Ed. 2012

Employment Law, Smith and Wood 13th Ed 2017

Selwyn’s law of Employment Emir A 19 Ed. 2016

Employment law : the essentials. Lewis D Sargeant M and Schwab M 11 Ed.2011

Labour Law Collins H, Ewing K D and McColgan  2012

Industrial relations law reports. (IRLR): Law Section,

Employment law Benny R Jefferson M and Sargent  5th Ed.  2012

Pitt’s Employment Law 10th  Ed. Gwyneth Pitt 2016

CLP Legal Practice Guides: Employment Law 2016 Gillian Phillips, Karen Scott

Cases and Materials on Employment Law 10th  Ed. Richard Painter, Ann E. M. Holmes 2015

Blackstone’s Statutes on Employment Law 2015 – 2016 Richard Kidner

UK Practitioner Services

Tolley’s Employment Handbook 2017 Mrs Justice Slade 2017

Butterworths Employment Law Handbook 2017 Peter Wallington 2017

Blackstone’s Employment Law Practice 2017 Edited by Gavin Mansfield, John Bowers, John Macmillan 2017

UK Periodicals and Reports

The Employment Law Review 8th  Ed.   Erika C. Collins 2017

Industrial Relations Law Reports

Employment Law in Context: Text and Materials 2nd  Ed. David Cabrelli 2016


 

Trade Union Act 1871

CHAPTER XXXI.

An Act to amend the Law relating to Trade Unions. [29th June 1871.]

Preliminary.

Short title.

1. This Act may be cited as “The Trade Union Act, 1871.”

Criminal Provisions.


Validity of Trade Union

Trade union not criminal.

2. The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.

Trade union not unlawful for civil purposes.

3. The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.

Trade union contracts, when not enforceable.

4. Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any of the following agreements, namely,

1. Any agreement between members of a trade union as such, concerning the conditions on which any members for the time being of such trade union shall or shall not sell their goods, transact business, employ, or be employed:

2. Any agreement for the payment by any person of any sub-scription or penalty to a trade union:

3. Any agreement for the application of the funds of a trade union—

(a.) To provide benefits to members; or

(b.) To furnish contributions to any employer or workman not a member of such trade union, in consideration of such employer or workman acting in conformity with the rules or resolutions of such trade union; or

(c.) To discharge any fine imposed upon any person by sentence of a court of justice; or

4. Any agreement made between one trade union and another; or

5. Any bond to secure the performance of any of the above-mentioned agreements.

But nothing in this section shall be deemed to constitute any of the above-mentioned agreements unlawful.

Provisions of 18 & 19 Vict. c. 63., &c.

30 & 31 Vict. c. 117.,

25 & 26 Vict. c. 89., &c. not to apply to trade unions.

5. The following Acts, that is to say,

(1.) The Friendly Societies Acts, 1855 and 1858, and the Acts amending the same;

(2.) The Industrial and Provident Societies Act, 1867, and any Act amending the same; and

(3.) The Companies Acts, 1862 and 1867, shall not apply to any trade union, and the registration of any trade union under any of the said Acts shall be void, and the deposit of the rules of any trade union made under the Friendly Societies Acts, 1855 and 1858, and the Acts amending the same, before the passing of this Act, shall cease to be of any effect.


Registry of trade unions.

6. Any seven or more members of a trade union may by subscribing their names to the rules of the union, and otherwise complying with the provisions of this Act with respect to registry, register such trade union under this Act, provided that if any one of the purposes of such trade union be unlawful such registration shall be void.


Property

Buildings for trade unions may be purchased or leased.

7. It shall be lawful for any trade union registered under this Act to purchase or take upon lease in the names of the trustees for the time being of such union any land not exceeding one acre, and to sell, exchange, mortgage, or let the same, and no purchaser, assignee, mortgagee, or tenant shall be bound to inquire whether the trustees have authority for any sale, exchange, mortgage, or letting, and the receipt of the trustees shall be a discharge for the money arising therefrom; and for the purpose of this section every branch of a trade union shall be considered a distinct union.

Property of the trade unions vested in trustees.

8. All real and personal estate whatsoever belonging to any trade union registered under this Act shall be vested in the trustees for the time being of the trade union appointed as provided by this Act, for the use and benefit of such trade union and the members thereof, and the real or personal estate of any branch of a trade union shall be vested in the trustees of such branch, [1 or of the trustees of the trade union, if the rules of the trade union so provide] and be under the control of such trustees, their respective executors or administrators, according to their respective claims and interests, and upon the death or removal of any such trustees the same shall vest in the succeeding trustees for the same estate and interest as the former trustees had therein, and subject to the same trusts, without any conveyance or assignment whatsoever, save and except in the case of stocks and securities in the public funds of Great Britain and Ireland, which shall be transferred into the names of such new trustees; and in all actions, or suits, or indictments, or summary proceedings before any court of summary jurisdiction, touching or concerning any such property, the same shall be stated to be the property of the person or persons for the time being holding the said office of trustee, in their proper names, as trustees of such trade union, without any further description.


Actions, &c., by or against trustees, &c.

9. The trustees of any trade union registered under this Act, or any other officer of such trade union who may be authorized so to do by the rules thereof, are hereby empowered to bring or defend, or cause to be brought or defended, any action, suit, prosecution, or complaint in any court of law or equity, touching or concerning the property, right, or claim to property of the trade union; and shall and may, in all cases concerning the real or personal property of such trade union, sue and be sued, plead and be impleaded, in any court of law or equity, in their proper names, without other description than the title of their office; and no such action, suit, prosecution, or complaint shall be discontinued or shall abate by the death or removal from office of such persons or any of them, but the same shall and may be proceeded in by their successor or successors as if such death, resignation, or removal had not taken place; and such successors shall pay or receive the like costs as if the action, suit, prosecution, or complaint had been commenced in their names for the benefit of or to be reimbursed from the funds of such trade union, and the summons to be issued to such trustee or other officer may be served by leaving the same at the registered office of the trade union.


Limitation of responsibility of trustees.

10. A trustee of any trade union registered under this Act shall not be liable to make good any deficiency which may arise or happen in the funds of such trade union, but shall be liable only for the moneys which shall be actually received by him on account of such trade union.


Treasurers, &c. to account.

11. Every treasurer or other officer of a trade union registered under this Act, at such times as by the rules of such trade union he should render such account as herein-after mentioned, or upon being required so to do, shall render to the trustees of the trade union, or to the members of such trade union, at a meeting of the trade union, a just and true account of all moneys received and paid by him since he last rendered the like account, and of the balance then remaining in his hands, and of all bonds or securities of such trade union, which account the said trustees shall cause to be audited by some fit and proper person or persons by them to be appointed; and such treasurer, if thereunto required, upon the said account being audited, shall forthwith hand over to the said trustees the balance which on such audit appears to be due from him, and shall also, if required, hand over to such trustees all securities and effects, books, papers, and property of the said trade union in his hands or custody; and if he fail to do so the trustees of the said trade union may sue such treasurer in any competent court for the balance appearing to have been due from him upon the account last rendered by him, and for all the moneys since received by him on account of the said trade union, and for the securities and effects, books, papers, and property in his hands or custody, leaving him to set off in such action the sums, if any, which he may have since paid on account of the said trade union; and in such action the said trustees shall be entitled to recover their full costs of suit, to be taxed as between attorney and client.


Punishment for withholding money, &c.

12. If any officer, member, or other person being or representing himself to be a member of a trade union registered under this Act, or the nominee, executor, administrator, or assignee of a member thereof, or any person whatsoever, by false representation or imposition obtain possession of any moneys, securities, books, papers, or other effects of such trade union, or, having the same in his possession, wilfully withhold or fraudulently misapply the same, or wilfully apply any part of the same to purposes other than those expressed or directed in the rules of such trade union, or any part thereof, the court of summary jurisdiction for the place in which the registered office of the trade union is situate, upon a complaint made by any person on behalf of such trade union, or by the registrar, or in Scotland at the instance of the procurator fiscal of the court to which such complaint is competently made, or of the trade union, with his concurrence, may, by summary order, order such officer, member, or other person to deliver up all such moneys, securities, books, papers, or other effects to the trade union, or to repay the amount of money applied improperly, and to pay, if the court think fit, a further sum of money not exceeding twenty pounds, together with costs not exceeding twenty shillings; and, in default of such delivery of effects, or repayment of such amount of money, or payment of such penalty and costs aforesaid, the said court may order the said person so convicted to be imprisoned, with or without hard labour, for any time not exceeding three months: Provided, that nothing herein contained shall prevent the said trade union, or in Scotland Her Majesty’s Advocate, from proceeding by indictment against the said party; provided also, that no person shall be proceeded against by indictment if a conviction shall have been previously obtained for the same offence under the provisions of this Act.


Regulations for registry.

13. With respect to the registry, under this Act, of a trade union, and of the rules thereof, the following provisions shall have effect:

(1.) An application to register the trade union and printed copies of the rules, together with a list of the titles and names of the officers, shall be sent to the registrar under this Act:

(2.) The registrar, upon being satisfied that the trade union has complied with the regulations respecting registry in force under this Act, shall register such trade union and such rules:

(3.) No trade union shall be registered under a name identical with that by which any other existing trade union has been registered, or so nearly resembling such name as to be likely to deceive the members or the public:

(4.) Where a trade union applying to be registered has been in operation for more than a year before the date of such application, there shall be delivered to the registrar before the registry thereof a general statement of the receipts, funds, effects, and expenditure of such trade union in the same form, and showing the same particulars as if it were the annual general statement required as herein-after mentioned to be transmitted annually to the registrar:

(5.) The registrar upon registering such trade union shall issue a certificate of registry, which certificate, unless proved to have been withdrawn or cancelled, shall be conclusive evidence that the regulations of this Act with respect to registry have been complied with:

(6.) One of Her Majesty’s Principal Secretaries of State may from time to time make regulations respecting registry under this Act, and respecting the seal (if any) to be used for the purpose of such registry, and the forms to be used for such registry, and the inspection of documents kept by the registrar under this Act, and respecting the fees, if any, to be paid on registry not exceeding the fees specified in the second schedule to this Act, and generally for carrying this Act into effect.


Rules of registered trade unions.

14. With respect to the rules of a trade union registered under this Act, the following provisions shall have effect:

(1.) The rules of every such trade union shall contain provisions in respect of the several matters mentioned in the first schedule to this Act:

(2.) A copy of the rules shall be delivered by the trade union to every person on demand on payment of a sum not exceeding one shilling.


Registered office of trade unions.

15. Every trade union registered under this Act shall have a registered office to which all communications and notices may be addressed; if any trade union under this Act is in operation for seven days without having such an office, such trade union and every officer thereof shall each incur a penalty not exceeding five pounds for every day during which it is so in operation.

Notice of the situation of such registered office, and of any change therein, shall be given to the registrar and recorded by him: until such notice is given the trade union shall not be deemed to have complied with the provisions of this Act.


Annual returns to be prepared as registrar may direct.

16. A general statement of the receipts, funds, effects, and expenditure of every trade union registered under this Act shall be transmitted to the registrar before the first day of June in every year, and shall show fully the assets and liabilities at the date, and the receipts and expenditure during the year preceding the date to which it is made out, of the trade union; and shall show separately the expenditure in respect of the several objects of the trade union, and shall be prepared and made out up to such date, in such form, and shall comprise such particulars, as the registrar may from time to time require; and every member of, and depositor in, any such trade union shall be entitled to receive, on application to the treasurer or secretary of that trade union, a copy of such general statement, without making any payment for the same.

Together with such general statement there shall be sent to the registrar a copy of all alterations of rules and new rules and changes of officers made by the trade union during the year preceding the date to which the general statement is made out, and a copy of the rules of the trade union as they exist at that date.

Every trade union which fails to comply with or acts in contravention of this section, and also every officer of the trade union so failing, shall each be liable to a penalty not exceeding five pounds for each offence.

Every person who wilfully makes or orders to be made any false entry in or any omission from any such general statement, or in or from the return of such copies of rules or alterations of rules, shall be liable to a penalty not exceeding fifty pounds for each offence.


Registrars.

17. The registrars of the friendly societies in England, Scotland, and Ireland shall be the registrars under this Act.

The registrars shall lay before Parliament annual reports with respect to the matters transacted by such registrars in pursuance of this Act.


Circulating false copies of rules, &c. a misdemeanor.

18. If any person with intent to mislead or defraud gives to any member of a trade union registered under this Act, or to any person intending or applying to become a member of such trade union, a copy of any rules or of any alterations or amendments of the same other than those respectively which exist for the time being, on the pretence that the same are the existing rules of such trade union, or that there are no other rules of such trade union, or if any person with the intent aforesaid gives a copy of any rules to any person on the pretence that such rules are the rules of a trade union registered under this Act which is not so registered, every person so offending shall be deemed guilty of a misdemeanor.


Legal Proceedings.

Summary proceedings for offences, penalties, &c.

27 & 28 Vict. c. 53.

19. In England and Ireland all offences and penalties under this Act may be prosecuted and recovered in manner directed by the Summary Jurisdiction Acts.

In England and Ireland summary orders under this Act may be made and enforced on complaint before a court of summary jurisdiction in manner provided by the Summary Jurisdiction Acts.

Provided as follows:—

1. The “Court of Summary Jurisdiction,” when hearing and determining an information or complaint, shall be constituted in some one of the following manners; that is to say,

(A.) In England,

(1.) In any place within the jurisdiction of a metropolitan police magistrate or other stipendiary magistrate, of such magistrate or his substitute:

(2.) In the city of London, of the Lord Mayor or any alderman of the said city:

(3.) In any other place, of two or more justices of the peace sitting in petty sessions.

(B.) In Ireland,

(1.) In the police district of Dublin metropolis, of a divisional justice:

(2.) In any other place of a resident magistrate.

In Scotland all offences and penalties under this Act shall be prosecuted and recovered by the procurator fiscal of the county in the Sheriff Court, under the provisions of the Summary Procedure Act, 1864.

In Scotland summary orders under this Act may be made and enforced on complaint in the Sheriff Court.

All the jurisdictions, powers, and authorities necessary for giving effect to these provisions relating to Scotland are hereby conferred on the sheriffs and their substitutes.

Provided that in England, Scotland, and Ireland—

2. The description of any offence under this Act in the words of such Act shall be sufficient in law.

3. Any exception, exemption, proviso, excuse, or qualification, whether it does or not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information, and if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required on the part of the informant or prosecutor.

Appeal to quarter sessions.

20. In England or Ireland, if any party feels aggrieved by any order or conviction made by a court of summary jurisdiction on determining any complaint or information under this Act, the party so aggrieved may appeal therefrom, subject to the conditions and regulations following:

(1.) The appeal shall be made to some court of general or quarter sessions [1 for the county or place in which the cause of appeal has arisen, holden not less than fifteen days and not more than four months after the decision of the court from which the appeal is made:

(2.) The appellant shall, within seven days after the cause of appeal has arisen, give notice to the other party and to the court of summary jurisdiction of his intention to appeal, and of the ground thereof:

(3.) The appellant shall immediately after such notice enter into a recognizance before a justice of the peace in the sum of ten pounds, with two sufficient sureties in the sum of ten pounds, conditioned personally to try such appeal, and to abide the judgment of the court thereon, and to pay such costs as may be awarded by the court:

(4.) Where the appellant is in custody the justice may, if he think fit, on the appellant entering into such recognizance as aforesaid, release him from custody:

(5.) The court of appeal may adjourn the appeal, and upon the hearing thereof they may confirm, reverse, or modify the decision of the court of summary jurisdiction, or remit the matter to the court of summary jurisdiction with the opinion of the court of appeal thereon, or make such other order in the matter as the court thinks just, and if the matter be remitted to the court of summary jurisdiction the said last-mentioned court shall thereupon re-hear and decide the information or complaint in accordance with the opinion of the said court of appeal. The court of appeal may also make such order as to costs to be paid by either party as the court thinks just.]

Interested person not to act as a member of a court of appeal.

22. A person who is a master, or father, son, or brother of a master, in the particular manufacture, trade, or business in or in connexion with which any offence under this Act is charged to have been committed shall not act as or as a member of a court of summary jurisdiction or appeal for the purposes of this Act.

Definitions.


Definitions.

23. In this Act—

. . . . . . . . .

In Scotland the term “misdemeanor” means a crime and offence.

[Definition of “trade union” [1] except the following proviso rep. 39 & 40 Vict. c. 22. s. 16.]

Provided that this Act shall not affect—

1. Any agreement between partners as to their own business;

2. Any agreement between an employer and those employed by him as to such employment;

3. Any agreement in consideration of the sale of the good-will of a business or of instruction in any profession, trade, or handicraft.

[S. 24 rep. 46 & 47 Vict. c. 39. (S.L.R.)]

SCHEDULES.

First Schedule.

Sect. 14 .


Matters to be provided for by the Rules of Trade Unions 

See 18 & 19 Vict. c. 63. s. 25.

1. The name of the trade union and place of meeting for the business of the trade union.

2. The whole of the objects for which the trade union is to be established, the purposes for which the funds thereof shall be applicable, and the conditions under which any member may become entitled to any benefit assured thereby, and the fines and forfeitures to be imposed on any member of such trade union.

3. The manner of making, altering, amending, and rescinding rules.

4. A provision for the appointment and removal of a general committee of management, of a trustee or trustees, treasurer, and other officers.

5. A provision for the investment of the funds, and for an annual or periodical audit of accounts.

6. The inspection of the books and names of members of the trade union by every person having an interest in the funds of the trade union.

Second Schedule.

Sect. 13 .

[1 The repealing section substitutes the following definition:—“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 un- “lawful combination by reason of some one or more of its purposes being in “restraint of trade ”]Number 22 of 1941.