The Trade Union and Labour Relations (Northern Ireland) Order 1995

Article 150(3).

SCHEDULE 3 TRANSITIONAL PROVISIONS

General

1.—(1) An order under Article 1 may contain such transitional provisions as appear to the Department to be appropriate.

(2) Nothing in the following provisions of this Schedule prejudices the generality of sub-paragraph (1).

(3) Nothing in this Schedule prejudices the operation of sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954(1).

Elections for certain trade union positions

2.—(1) Where a person was elected to a position to which Part III of this Order applies at an election held within the period of five years ending on 3 1st December 1993—

(a) Article 12(1)(a) shall have effect as if it did not require that Part to be satisfied in relation to that election; and

(b) the period of five years mentioned in Article 12(l)(b) shall be calculated from the date of that election.

(2) Sub-paragraph (1) does not apply if the only persons entitled to vote in the election were themselves persons holding positions to which Part III of this Order would have applied had that Part been in operation at the time.

Deduction of trade union subscriptions

3.  For the purposes of Article 35 a deduction representing a payment to a trade union in respect of a worker’s membership which is made in accordance with arrangements existing between his employer and the union immediately before the day on which that Article comes into operation under which deductions were made in his case before that day shall be treated as an authorised deduction where—

(a) the day on which the deduction is made falls before the end of the period of one year beginning with the day on which that Article comes into operation, and

(b) written notice from the worker stating that he does not wish such deductions to be made has not been received by the employer in time for it to be reasonably practicable for him to secure that the deduction is not made.

Political resolutions

4.  Articles 66(l) and (2) of the 1992 Order shall, notwithstanding their repeal by this Order, continue to have effect in relation to resolutions mentioned in Article 66( 1) of that Order, as if for references to provisions of the 1992 Order there were substituted references to the corresponding provisions of this Order.

(1)

1954 c. 33 (N.I.)