Trade Union (Amalgamations, etc.) Act 1964

SCHEDULES

Section 4.

SCHEDULE 1 Provisions Supplemental to s. 4

1 On a complaint made under section 4 of this Act the Registrar may—

(a) require the attendance of the complainant or of any officer of the trade union, and may, on the application of the complainant or any such officer, require the attendance of any person as a witness ;

(b) require the production of any documents relating to the matters complained of ;

(c) administer oaths and take affirmations, and require the complainant, any officer of the trade union or any person attending as a witness to be examined on oath or affirmation ;

(d) grant to the complainant or to any officer of the trade union such discovery as to documents and otherwise, or such inspection of documents, as might be granted by the county court;

(e) order the whole or any part of the expenses of hearing the complaint, as certified by the Registrar, to be paid either out of the funds of the trade union or by the complainant; and

(f) order the trade union to pay to the complainant out of the funds of the union, or the complainant to pay to the union, either a specified sum in respect of the costs incurred by the complainant or the union, as the case may be, or the taxed amount of those costs.

2 A person who, on the application of any person, is required to attend before the Registrar as a witness in proceedings on a complaint under section 4 of this Act shall be entitled to be paid by the person on whose application he is so required—

(a) such sum in respect of loss of time and travelling expenses as he would be entitled to on being served with a summons to attend as a witness in the county court, and

(b) if he duly attends, a sum equal to the further allowances, if any, to which he would be entitled if attending as a witness in proceedings in the county court.

3 If any person without reasonable excuse fails or refuses to comply with any requisition of the Registrar under sub-paragraphs (a) to (c) of paragraph 1 of this Schedule or any order of the Registrar made in pursuance of sub-paragraph (d) of that paragraph, he shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months, or to both:

Provided that a person shall not be convicted of an offence under this paragraph by reason of failure or refusal on his part to comply with a requisition to attend as a witness before the Registrar unless any sum to which he is entitled under paragraph 2(a) of this Schedule has been paid or tendered.

4 Any costs required by an order under paragraph 1(f) of this Schedule to be taxed may be taxed in the county court according to such of the scales prescribed by county court rules for proceedings in the county court as may be directed by the order or, if the order gives no direction, by the county court.

5 Any sum payable by virtue of an order under paragraph 1(e) or (f) of this Schedule shall, if the county court so orders, be recoverable by execution issued from the county court or otherwise as if payable under an order of that court.

6 In relation to proceedings in Scotland this Schedule shall have effect subject to the following modifications—

(a) in paragraph 1(d), for the references to discovery as to documents and to the county court there shall be substituted respectively references to recovery of documents and to the sheriff court;

(b) for paragraph 1(f) there shall be substituted the following—

“(f) order that the expenses of the proceedings incurred by the complainant or by the. trade union shall be paid by the trade union out of its funds or by the complainant, as the case may be, and may tax or settle the amount of any expenses to be paid under any such order or direct in what manner they are to be taxed”;

(c) in paragraph 2, for sub-paragraphs (a) and (b) there shall be substituted the following—

“(a) such sum as he would be entitled to on being cited as a witness in civil proceedings in the sheriff court, and

(b) if he duly attends, a sum equal to the fees and further allowances to which he would be entitled if attending as a witness in civil proceedings in the sheriff court.”; and

(d) paragraphs 4 and 5 shall not apply.

Section 10.

SCHEDULE 2 Modifications of Act as applying to Amalgamations and Transfers of Engagements Involving Northern Ireland Unions

1 Subject to this Schedule, any reference to a trade union (except in section 6) shall include a reference to a Northern Ireland union.

2 (1) The requirements of section 1 of this Act as to the approval of the instrument of amalgamation or transfer by a resolution of the trade union or trade unions concerned shall not apply to any Northern Ireland union, but the Registrar shall not under section 1(5) of this Act register the instrument unless he is satisfied that the instrument will be effective under the law of Northern Ireland.

(2) In accordance with the foregoing sub-paragraph, nothing in section 2 or section 4 of this Act shall apply in relation to the passing of a resolution by a Northern Ireland union.

3 Nothing in section 3 of this Act shall apply in relation to the alteration of the rules of a Northern Ireland union.

4 Where an instrument of amalgamation or transfer is submitted to the Registrar for his approval under section 1(4) of this Act, the Registrar shall not give his approval unless the instrument states which of the bodies concerned is a Northern Ireland union, and, in the case of an instrument of amalgamation, shall not give his approval unless the instrument also states whether the resultant body is to be a trade union or a Northern Ireland union.

Section 11.

SCHEDULE 3 Repeals

Chapter	Short Title	Extent of Repeal
39 & 40 Vict. c. 22.	The Trade Union Act Amendment Act 1876.	Sections 11, 12 and 13.
7 & 8 Geo. 5. c. 24.	The Trade Union (Amalgamation) Act 1917.	The whole Act.
3 & 4 Geo. 6. c. 19.	The Societies (Miscellaneous Provisions) Act 1940.	Section 6.
		In section 10(1), the definition of " Trade union " and, in the definition of " Society ", the words " trade union ".

Table of Statutes referred to in this Act

Short Title	Session and Chapter
Trade Union Act 1871	34 & 35 Vict. c. 31.
Friendly Societies Act 1896	59 & 60 Vict. c. 25.
Trade Union Act 1913	2 & 3 Geo. 5. c. 30.
Government of Ireland Act 1920	10 & 11 Geo. 5. c. 67.
Arbitration Act 1950	14 Geo. 6. c. 27.