Independent trade unions10

1

Section 4(1) of the Act does not prevent the provision of a regulated claims management service by an independent trade union to—

a

a member (including a retired member or a student member) of the trade union;

b

a member of the family of a member referred to in sub-paragraph (a); or

c

a former member of the trade union to whom the trade union may, under its rules, provide claims management services, or a member of the family of such a former member.

2

In paragraph (1), “independent trade union” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 19927.

3

For the purposes of paragraph (1)—

a

subject to sub-paragraph (b), whether a person is or has been a member (including a retired member or a student member) of a trade union is to be decided in accordance with the rules of the trade union;

b

“member” of a trade union does not include a person who, under those rules, is a member only for the purpose of pursuing a claim or claims; and

c

whether a person is a member of the family of a member of a trade union is to be decided in accordance with the rules of the trade union.

4

An exemption of a trade union under this article is subject to compliance by the trade union with the condition that the trade union, in providing regulated claims management services, must act in accordance with the code of practice for the provision of regulated claims management services by trade unions issued by the Secretary of State on 28th November 2006.