Trade Union and Labour Relations (Consolidation) Act 1992

Restriction on enforcement against certain property E+W+S

23 Restriction on enforcement of awards against certain property. E+W+S

(1) Where in any proceedings an amount is awarded by way of damages, costs or expenses—

(a) against a trade union,

(b) against trustees in whom property is vested in trust for a trade union, in their capacity as such (and otherwise than in respect of a breach of trust on their part), or

(c) against members or officials of a trade union on behalf of themselves and all of the members of the union,

no part of that amount is recoverable by enforcement against any protected property.

(2) The following is protected property—

(a) property belonging to the trustees otherwise than in their capacity as such;

(b) property belonging to any member of the union otherwise than jointly or in common with the other members;

(c) property belonging to an official of the union who is neither a member nor a trustee;

(d) property comprised in the union’s political fund where that fund—

(i) is subject to rules of the union which prevent property which is or has been comprised in the fund from being used for financing strikes or other industrial action, and

(ii) was so subject at the time when the act in respect of which the proceedings are brought was done;

(e) property comprised in a separate fund maintained in accordance with the rules of the union for the purpose only of providing provident benefits.

(3) For this purpose “provident benefits” includes—

(a) any payment expressly authorised by the rules of the union which is made—

(i) to a member during sickness or incapacity from personal injury or while out of work, or

(ii) to an aged member by way of superannuation, or

(iii) to a member who has met with an accident or has lost his tools by fire or theft;

(b) a payment in discharge or aid of funeral expenses on the death of a member or [F1 the spouse or civil partner] of a member or as provision for the children of a deceased member.

Textual Amendments

F1 Words in s. 23(3)(b) substituted (5.12.2005) by Civil Partnership Act 2004, (c. 33), ss. 261(1), 263(10)(b), Sch. 27 {para. 144}; S.I. 2005/3175, art. 2(2)