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The Industrial Relations (Northern Ireland) Order 1992

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The Industrial Relations (Northern Ireland) Order 1992 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II DEFINITION, STATUS AND GENERAL REGULATION OF TRADE UNIONS AND EMPLOYERS' ASSOCIATIONS

    1. Definition and status

      1. 3.Definition and status of trade union

      2. 4.Definition and status of employers' association

    2. Listing and certification

      1. 5.Lists of trade unions and employers' associations

      2. 6.Certification as independent trade union

    3. Property

      1. 7.Property of trade unions and unincorporated employers' associations

      2. 8.Use of trade union funds for indemnifying unlawful conduct

      3. 9.Remedy against trustees of trade union for unlawful use of property

    4. Records and returns

      1. 10.Duty to keep accounting records

      2. 11.Duties as to annual returns, auditors and members' superannuation schemes

      3. 11A.Statement to members following annual return

      4. 12.Returns, etc., by trade unions and employers' associations outside Northern Ireland

    5. Investigation of financial affairs

      1. 12A.Power of Certification Officer to require production of documents etc.

      2. 12B.Investigations by inspectors

      3. 12C.Inspectors' reports etc.

      4. 12D.Expenses of investigations

      5. 12E.Articles 12A and 12B: supplementary

      6. 13.Offences

      7. 13A.Penalties and prosecution time limits

      8. 13B.Duty to secure positions not held by certain offenders

      9. 13C.Remedies and enforcement

    6. Application of existing statutory provisions

      1. 14.Application of existing statutory provisions

  4. PART III RESTRICTIONS ON LEGAL LIABILITY AND LEGAL PROCEEDINGS

    1. Restrictions on legal liability

      1. Arts. 15‐20 rep. by 1995 NI 12

    2. Legal proceedings involving trade unions and employers' associations

      1. 21.Liability of trade union in certain proceedings in tort

      2. 21A.Repudiation by union of certain acts

      3. 22.Limit on damages awarded against trade unions in actions in tort

      4. 23.Recovery of sums awarded in proceedings involving trade unions and employers' associations

    3. Restrictions on powers of court

      1. Arts. 24, 25 rep. by 1995 NI 12

    4. Enforceability of collective agreements

      1. 26.Enforceability of collective agreements

    5. Union membership or recognition requirements in contracts

      1. 27.Prohibition on union membership requirements

      2. 28.Prohibition on union recognition requirements

  5. PART IV RIGHTS OF TRADE UNION MEMBERS

    1. Arts 29‐36 rep. by 1995 NI 12

    2. 37.Right to inspect union's accounting records

    3. Art. 38 rep. by 1995 NI 12

  6. PART V DISCLOSURE OF INFORMATION

    1. 39.General duty of employers to disclose information

    2. 40.Restrictions on general duty under Article 39

    3. 41.Complaint of failure to disclose information

    4. 42.Further complaint arising from failure to disclose information

    5. 43.Determination of claim and award

  7. Parts VI–VIII rep. by 1995 NI 12

  8. PART IX THE CERTIFICATION OFFICER AND THE COMMISSIONER FOR THE RIGHTS OF TRADE UNION MEMBERS

    1. The Certification Officer for Northern Ireland

      1. 69.The Certification Officer for Northern Ireland

      2. 70.Procedure before, and appeals from, Certification Officer

      3. 70ZA.Striking Out

      4. 70A.Vexatious litigants

      5. 70B.Vexatious litigants: applications disregarded

      6. Arts. 71—73 rep. by 1995 NI 12

  9. Part X rep. by 1995 NI 12

  10. PART XI MACHINERY FOR PROMOTING IMPROVEMENT OF INDUSTRIAL RELATIONS

    1. The Labour Relations Agency

      1. 82.Constitution of the Labour Relations Agency

      2. 83.General function of the Agency

      3. 84.Functions of the Agency in relation to trade disputes

      4. 84AA.Information required by the Agency for purposes of settling recognition disputes

      5. 84A.Arbitration scheme for unfair dismissal cases etc.

      6. 84B.Dismissal procedures agreements

      7. 85.Notification of procedural agreements

      8. 86.Review of collective bargaining arrangements

      9. 87.Industrial relations training

      10. 88.Industrial relations research

      11. 89.Advice

      12. 90.Codes of Practice

      13. 90AA.Effect of failure to comply with Code: adjustment of awards

      14. 90A.Fees for exercise of functions by the Agency

    2. The Industrial Court

      1. 91.The Industrial Court

      2. 91A.The members of the Court

      3. 92.Proceedings of the Court

      4. 92A.Proceedings of the Court under Schedule 1A to the Trade Union and Labour Relations Order

    3. Courts of inquiry

      1. 93.Court of inquiry into trade dispute

      2. 94.Procedure of court of inquiry

    4. Issue by Department of Codes of Practice

      1. 95.Issue by Department of Codes of Practice

    5. Meaning of “trade dispute” in Part XI

      1. 96.Meaning of “trade dispute” in Part XI

  11. PART XII MISCELLANEOUS AND SUPPLEMENTARY

    1. Art. 97 rep. by 1993 NI 11

    2. Arts. 98, 99 rep. by 1996 NI 16

    3. Art. 100 rep. by 1996 NI 18

    4. Art. 101 rep. by 1995 NI 12

    5. Art. 102 rep. with saving by 1995 NI 12

    6. Art. 103 rep. by 1995 NI 12

    7. Nominations by members of trade union

      1. 104.Nominations by members of trade union

    8. Crown employees and contracts, etc.

      1. 105.Crown employees and contracts, etc.

    9. Restrictions on contracting out

      1. 105A.Restrictions on contracting out

      2. Art. 106 rep. by 1998 NI 21

    10. Supplementary

      1. 107.Orders and regulations

      2. Art. 108 rep. by 1996 NI 16

  12. SCHEDULES

    1. SCHEDULE 1

      ADMINISTRATIVE PROVISIONS RELATING TO TRADE UNIONS AND EMPLOYERS' ASSOCIATIONS

      1. PART I ANNUAL RETURNS, AND QUALIFICATIONS, APPOINTMENT AND REMOVAL, AND FUNCTIONS, OF AUDITORS

        1. Annual returns

          1. 1.(1) Subject to paragraph 5, the annual return of a trade union or an employers'...

          2. 2.Every annual return shall contain— (a) revenue accounts indicating the income and expenditure of the...

          3. 3.Every revenue account, every balance sheet and every other account contained in a return in...

          4. 4.Every return, in addition to containing the accounts mentioned in paragraph 2 shall contain a...

          5. 4A.(1) Every annual return of a trade union shall contain— (a) details of the salary...

          6. 5.The Certification Officer, if in any particular case he considers it appropriate to do so,—...

        2. Qualifications of auditors

          1. 6.Subject to paragraph 9, a person shall not be qualified to be the auditor or...

          2. 9.(1) Two or more persons who are not qualified under paragraph 6 may act as...

          3. 10.(1) None of the following persons shall act as auditor of a trade union or...

        3. Appointment and removal of auditors

          1. 11.The rules of every trade union and every employers' association shall contain provision for the...

          2. 12.Notwithstanding anything in the rules of a trade union or employers' association, its auditor or...

          3. 13.(1) Notwithstanding anything in the rules of a trade union or employers' association, a qualified...

          4. 14.Regulations may make provision as to the procedure to be followed when it is intended...

          5. 15.(1) Where any regulations made under paragraph 14 require copies of any representations made by...

        4. Auditor's right of access to books and information and right to be heard at meetings

          1. 16.Every auditor of a trade union or an employers' association— (a) shall have a right...

          2. 17.(1) Every auditor of a trade union or an employers' association shall be entitled— (a)...

        5. Auditor's reports

          1. 18.The auditor or auditors of a trade union or an employers' association shall make a...

          2. 18A.(1) The report shall state the names of, and be signed by, the auditor or...

          3. 19.The report shall state whether, in the opinion of the auditor or auditors, those accounts...

          4. 20.It shall be the duty of the auditor or auditors, in preparing a report under...

          5. 21.If an auditor fails to obtain all the information and explanations which, to the best...

          6. 22.In this Part “accounting period”, in relation to a trade union or an employers' association,...

      2. PART II MEMBERS' SUPERANNUATION SCHEMES

        1. Examination of superannuation schemes

          1. 23.Subject to paragraphs 29 to 31, every trade union and every employers' association which at...

          2. 24.Where a members' superannuation scheme to which paragraph 23 applies includes provision for the maintenance...

          3. 25.The report made by the actuary on the results of this examination of any such...

          4. 26.A copy of any report made by an actuary under paragraph 23 signed by the...

          5. 27.Subject to paragraphs 30 and 31, no trade union or employers' association shall after the...

          6. 28.A copy of any report made to a trade union or employers' association under paragraph...

          7. 29.Where on the application of a trade union or employers' association the Certification Officer is...

          8. 30.The Certification Officer, on the application of a trade union or employers' association, may exempt...

          9. 31.The Certification Officer may at any time revoke any exemption granted under paragraph 30 if...

        2. Periodical re-examination of schemes

          1. 32.(1) Subject to paragraph 34, where a trade union or employers' association for the time...

          2. 33.The provisions of paragraphs 24 to 26 and paragraph 28 shall have effect in relation...

          3. 34.The Certification Officer, on the application of a trade union or employers' association, may exempt...

          4. 35.The Certification Officer may at any time revoke any exemption granted under paragraph 34 if...

        3. Separate fund for members' superannuation scheme

          1. 36.After the appointed day no trade union or employers' association shall maintain a members' superannuation...

          2. 37.After the end of the period of five years beginning with the date on which...

        4. Interpretation of Part II

          1. 38.In this Part— (a) “members' superannuation scheme” means any scheme or arrangement made by or...

    2. Schedules 2–3 rep. by 1995 NI 12

    3. SCHEDULE 4

      THE LABOUR RELATIONS AGENCY

      1. PART I THE CONSTITUTION OF THE AGENCY

        1. 1.The Agency shall be a body corporate to which section 19 of the Interpretation Act...

        2. 2.(1) The Agency shall consist of the following persons appointed by the Minister— (a) a...

        3. 3.(1) A member of the Agency shall hold and vacate his office in accordance with...

        4. 4.The Head of the Department may, by notice in writing addressed to a member, terminate...

        5. 5.The proceedings of the Agency shall not be invalidated by any vacancy in the membership...

        6. 6.The Agency shall not be regarded as the servant or agent of the Crown or...

      2. PART II SUPPLEMENTARY PROVISIONS AS TO THE AGENCY

        1. Members

          1. 7.The Agency may pay, or make such payments towards the provision of, such remuneration, allowances...

          2. 8.In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 the...

        2. Panel of advisers

          1. 9.(1) The Agency may appoint a panel of persons, who are not members of the...

        3. The seal

          1. 10.The fixing of the common seal of the Agency shall be authenticated by the signature...

        4. Execution of contracts and instruments not under seal

          1. 11.Any contract or instrument which, if entered into or executed by an individual, would not...

        5. Staff

          1. 12.The number of persons employed by the Agency and the terms and conditions of employment...

          2. 13.The Agency may, in the case of such persons employed by it as may be...

        6. Financial provision

          1. 14.For the purpose of enabling the Agency to carry out its functions, the Department shall...

        7. Accounts and audit

          1. 15.(1) The Agency shall— (a) keep proper accounts and proper records in relation to the...

        8. Reports

          1. 16.(1) The Agency shall, as soon as possible within a period of three months after...

    4. SCHEDULE 4A

      TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 90AA APPLIES

      1. Section 2 of the Equal Pay Act (Northern Ireland) 1970 (c. 32) (equality clauses) Article...

      2. Section 2 of the Equal Pay Act (Northern Ireland) 1970 (c. 32) (equality clauses) Article...

    5. Schedules 5–6 rep. by 1996 NI 16

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