Part I U.K. Trade Unions

Chapter II U.K. Status and property of trade unions

General E+W+S

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 M2 Industrial and Provident Societies Act 1965;

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)

Marginal Citations

M1 1974 c. 46.

M2 1965 c. 12.

11 Exclusion of common law rules as to restraint of trade. E+W+S

(1) The purposes of a trade union are not, by reason only that they are in restraint of trade, unlawful so as—

(a) to make any member of the trade union liable to criminal proceedings for conspiracy or otherwise, or

(b) to make any agreement or trust void or voidable.

(2) No rule of a trade union is unlawful or unenforceable by reason only that it is in restraint of trade.