Trade Union and Labour Relations (Consolidation) Act 1992

10 Quasi-corporate status of trade unions. E+W+S

(1) A trade union is not a body corporate but—

(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.

(2) A trade union shall not be treated as if it were a body corporate except to the extent authorised by the provisions of this Part.

(3) A trade union shall not be registered—

(a) as a company under the [F1 the Companies Act 2006], or

(b) under the M1 Friendly Societies Act 1974 or the [F2 the Co-operative and Community Benefit Societies Act 2014 ];

and any such registration of a trade union (whenever effected) is void.

Textual Amendments

F1 Words in s. 10(3)(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 134(2) (with arts. 5-13)

F2 Words in s. 10(3)(b) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 54 (with Sch. 5)

Marginal Citations

M1 1974 c. 46.