Trade Union and Labour Relations (Consolidation) Act 1992

118 Federated trade unions. E+W+S

(1) In this section a “federated trade union” means a trade union which consists wholly or mainly of constituent or affiliated organisations, or representatives or such organisations, as described in paragraph (b) of the definition of “trade union” in section 1.

(2) The provisions of this Part apply to federated trade unions subject to the following exceptions and adaptations.

(3) For the purposes of section 22 (limit on amount of damages) as it applies to a federated trade union, the members of such of its constituent or affiliated organisations as have their head or main office in Great Britain shall be treated as members of the union.

(4) The following provisions of Chapter III (trade union administration) do not apply to a federated trade union which consists wholly or mainly of representatives of constituent or affiliated organisations—

(a) section 27 (duty to supply copy of rules),

(b) section 28 (duty to keep accounting records),

(c) sections 32 to 37 (annual return, [F1 statement for members,] accounts and audit), F2 . . .

F3 [(ca) sections 37A to 37E (investigation of financial affairs), and]

(d) sections 38 to 42 (members’ superannuation schemes).

[F4 (4A) In the case of a federated trade union which, by virtue of subsection (4), is not required to send an annual return to the Certification Officer under section 32, section 24ZA (duty to provide membership audit certificate) applies as if section 32 does apply to the union.]

(5) Sections 29 to 31 (right of member to access to accounting records) do not apply to a federated trade union which has no members other than constituent or affiliated organisations or representatives of such organisations.

(6) Sections 24 to 26 (register of members’ names and addresses) and Chapter IV (elections for certain trade union positions) do not apply to a federated trade union—

(a) if it has no individual members other than representatives of constituent or affiliated organisations, or

(b) if its individual members (other than such representatives) are all merchant seamen and a majority of them are ordinarily resident outside the United Kingdom.

For this purpose “merchant seaman” means a person whose employment, or the greater part of it, is carried out on board sea-going ships.

(7) The provisions of Chapter VI (application of funds for political objects) apply to a trade union which is in whole or part an association or combination of other unions as if the individual members of the component unions were members of that union and not of the component unions.

But nothing in that Chapter prevents a component union from collecting contributions on behalf of the association or combination from such of its members as are [F5 contributors ] to the political fund of the association or combination.

[F6 (8) In the application of section 116A to a federated trade union, subsection (2) of that section shall be omitted.]

Textual Amendments

F1 Words in s. 118(4)(c) inserted (1.1.1994) by 1993 c. 19, s. 49(2), Sch. 8 para. 62(a); S.I. 1993/1908, art. 2(3), Sch.3

F2 Word in s. 118(4)(c) repealed (30.8.1993) by 1993 c. 19, s. 51, Sch. 10; S.I. 1993/1908, art. 2(1), Sch. 1

F3 S. 118(4)(ca) inserted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 62(b); S.I. 1993/1908, art. 2(1), Sch. 1

F4 S. 118(4A) inserted (6.4.2015 with application in accordance with art. 3 of the commencing S.I.) by Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4), ss. 40(4), 45(1)(c); S.I. 2015/717, art. 3(1)(a)

F5 Word in s. 118(7) substituted (1.3.2017) by Trade Union Act 2016 (c. 15), s. 25(1), Sch. 4 para. 10; S.I. 2017/139, reg. 2(n)(i) (with reg. 4)

F6 S. 118(8) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 55(2), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)