Trade Union and Labour Relations (Consolidation) Act 1992

109 Proceedings in relation to which assistance may be provided. E+W+S

(1) This Chapter applies to proceedings or prospective proceedings to the extent that they consist in, or arise out of—

(a) an application to the court under section 15(3) (application for order authorising member to take or continue proceedings on behalf of trade union) or any other proceedings brought by virtue of that section;

(b) an application to the court under section 16 (remedy against trustees for unlawful use of trade union property);

(c) an application to the court under section 26 (remedy for failure to maintain register of members [F1 or secure confidentiality]);

(d) an application to the court under section 31 (remedy for failure to comply with request for access to trade union’s accounting records);

[F2 (da) an application to the court under section 45C (remedy for failure to comply with duty to secure positions not held by certain offenders);]

(e) an application to the court under section 56 (remedy for failure to comply with requirements as to election for office);

(f) an application to the court under section 62 (application for order where industrial action does not have support of ballot);

(g) proceedings brought by virtue of section 71 (restriction on use of funds for political objects) with respect to the unlawful application of the funds of a trade union;

(h) an application to the court under section 81 (remedy for failure to comply with requirements as to political ballot).

(2) This Chapter applies to proceedings or prospective proceedings [F3 to the extent that they consist in, or arise out of, proceedings in the High Court or the Court of Session with respect to] an alleged breach or threatened breach of the rules of a trade union relating to any of the following matters—

(a) the appointment or election of a person to, or the removal of a person from, any office;

(b) disciplinary proceedings by the union (including expulsion);

(c) the authorising or endorsing of industrial action;

(d) the balloting of members;

(e) the application of the union’s funds or property;

(f) the imposition, collection or distribution of any levy for the purposes of industrial action;

(g) the constitution or proceedings of any committee, conference or other body.

The reference above to the rules of a trade union includes the rules of any branch or section of the trade union; and in paragraph (a) “office” includes any position by virtue of which a person is an official in relation to the trade union or is entitled to attend as a representative any meeting concerned with union business.

(3) This Chapter also applies to proceedings or prospective proceedings to the extent that they consist in, or arise out of such other proceedings against a trade union, an official of a trade union or the trustees of the property of a trade union as may be specified in an order made by the Secretary of State.

Any order shall be made by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

Textual Amendments

F1 Words in s. 109(1) inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 58(a)(i); S.I. 1993/1908, art. 2(1), Sch. 1

F2 S. 109(da) inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 58(a)(ii); S.I. 1993/1908, art. 2(1), Sch.1

F3 Words in s. 109(2) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 58(b); S.I. 1993/1908, art. 2(1), Sch.1