Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

Part II U.K. Employers’ Associations

Status and property of employers’ associations U.K.

127 Corporate or quasi-corporate status of employers’ associations. E+W+S

(1) An employers’ association may be either a body corporate or an unincorporated association.

(2) Where an employers’ association is unincorporated—

(a) it is capable of making contracts;

(b) it is capable of suing and being sued in its own name, whether in proceedings relating to property or founded on contract or tort or any other cause of action; and

(c) proceedings for an offence alleged to have been committed by it or on its behalf may be brought against it in its own name.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 127(3) repealed (21.12.2002) by S.I. 2002/3203, art. 4

128 Exclusion of common law rules as to restraint of trade. E+W+S

(1) The purposes of an unincorporated employers’ association and, so far as they relate to the regulation of relations between employers and workers or trade unions, the purposes of an employers’ association which is a body corporate are not, by reason only that they are in restraint of trade, unlawful so as—

(a) to make any member of the association liable to criminal proceedings for conspiracy or otherwise, or

(b) to make any agreement or trust void or voidable.

(2) No rule of an unincorporated employers’ association or, so far as it relates to the regulation of relations between employers and workers or trade unions, of an employers’ association which is a body corporate, is unlawful or unenforceable by reason only that it is in restraint of trade.

129 Property of unincorporated employers’ associations, &c. U.K.

(1) The following provisions of Chapter II of Part I of this Act apply to an unincorporated employers’ association as in relation to a trade union—

(a) section 12(1) and (2) (property to be vested in trustees),

(b) section 13 (vesting of property in new trustees), and

(c) section 14 (transfer of securities held in trust for trade union).

(2) In sections 13 and 14 as they apply by virtue of subsection (1) the reference to entry in the list of trade unions shall be construed as a reference to entry in the list of employers’ associations.

(3) Section 19 (application of certain provisions relating to F2 . . . friendly societies) applies to any employers’ association as in relation to a trade union.

Textual Amendments

F2 Words in s. 129(3) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 333

130 Restriction on enforcement of awards against certain property. E+W+S

(1) Where in any proceedings an amount is awarded by way of damages, costs or expenses—

(a) against an employers’ association,

(b) against trustees in whom property is vested in trust for an employers’ association, in their capacity as such (and otherwise than in respect of a breach of trust on their part), or

(c) against members or officials of an employers’ association on behalf of themselves and all of the members of the association,

no part of that amount is recoverable by enforcement against any protected property.

(2) The following is protected property—

(a) property belonging to the trustees otherwise than in their capacity as such;

(b) property belonging to any member of the association otherwise than jointly or in common with the other members;

(c) property belonging to an official of the association who is neither a member nor a trustee.