Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

SCHEDULES

Section 300(3).

SCHEDULE 3 U.K. Transitional provisions and savings

Extent Information

E1 See s.301(2)(f)

Continuity of the law U.K.

1 (1) The repeal and re-enactment of provisions in this Act does not affect the continuity of the law. U.K.

(2) Anything done (including subordinate legislation made), or having effect as done, under a provision reproduced in this Act has effect as if done under the corresponding provision of this Act.

(3) References (express or implied) in this Act or any other enactment, instrument or document to a provision of this Act shall, so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of this Act, a reference to corresponding earlier provisions.

(4) A reference (express or implied) in any enactment, instrument or other document to a provision reproduced in this Act shall be construed, so far as is required for continuing its effect, and subject to any express amendment made by this Act, as being, or as the case may required including, a reference to the corresponding provision of this Act.

General saving for old transitional provisions and savings U.K.

2 (1) The repeal by this Act of a transitional provision or saving relating to the coming into force of a provision reproduced in this Act does not affect the operation of the transitional provision or saving, in so far as it is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act. U.K.

(2) The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

(3) The repeal by this Act of a saving on the previous repeal of an enactment does not affect the operation of the saving in so far as it is not specifically reproduced in this Act but remains capable of having effect.

Effect of repeal of 1946 Act U.K.

3 U.K. The repeal by this Act of the M1 Trade Disputes and Trade Unions Act 1946 shall not be construed as reviving in any respect the effect of the M2 Trade Disputes and Trade Unions Act 1927.

Marginal Citations

M1 1946 c. 52.

M2 1927 c. 22.

Pre-1974 references to registered trade unions or employers’ associations U.K.

4 (1) Any reference in an enactment passed, or instrument made under an enactment, before 16th September 1974— U.K.

(a) to a trade union or employers’ association registered under—

(i) the Trade Union Acts 1871 to 1964, or

(ii) the M3 Industrial Relations Act 1971, or

(b) to an organisation of workers or an organisation of employers within the meaning of the Industrial Relations Act 1971,

shall be construed as a reference to a trade union or employers’ association within the meaning of this Act.

(2) Subsection (1) does not apply to any enactment relating to income tax or corporation tax.

Marginal Citations

M3 1971 c. 72.

Enforceability of collective agreements U.K.

5 U.K. Section 179 of this Act (enforceability of collective agreements) does not apply to a collective agreement made on or after 1st December 1971 and before 16th September 1974.

Trade unions and employers’ associations ceasing to be incorporated by virtue of 1974 Act U.K.

6 (1) The repeal by this Act of section 19 of the M4 Trade Union and Labour Relations Act 1974 (transitional provisions for trade unions and employers’ associations ceasing to be incorporated) does not affect— U.K.

(a) the title to property which by virtue of that section vested on 16th September 1974 in “the appropriate trustees" as defined by that section, or

(b) any liability, obligation or right affecting such property which by virtue of that section became a liability, obligation or right of those trustees.

(2) A certificate given by the persons who on that date were the president and general secretary of a trade union or employers’ association, or occupied positions equivalent to that of president and general secretary, that the persons named in the certificate are the appropriate trustees of the union or association for the purposes of section 19(2) of the Trade Union and Labour Relations Act 1974 is conclusive evidence that those persons were the appropriate trustees for those purposes.

(3) A document which purports to be such a certificate shall be taken to be such a certificate unless the contrary is proved.

Marginal Citations

M4 1974 c. 52.

References to former Industrial Arbitration Board U.K.

7 U.K. Any reference to the former Industrial Arbitration Board in relation to which section 10(2) of the M5 Employment Protection Act 1975 applied immediately before the commencement of this Act shall continue to be construed as a reference to the Central Arbitration Committee.

Marginal Citations

M5 1975 c. 71.

Effect of political resolution passed before 1984 amendments U.K.

8 U.K. A resolution under section 3 of the M6 Trade Union Act 1913, or rule made for the purposes of that section, in relation to which section 17(2) of the M7 Trade Union Act 1984 applied immediately before the commencement of this Act shall continue to have effect as if for any reference to the political objects to which section 3 of the 1913 Act formerly applied there were substituted a reference to the objects to which that section applied as amended by the 1984 Act.

Marginal Citations

M6 1913 c. 30.

M7 1984 c. 49.

Persons elected to trade union office before 1988 amendments U.K.

9 (1) In relation to a person who was, within the period of five years ending with 25th July 1989, elected to a position to which the requirements of section 1 of the Trade Union Act 1984 were extended by virtue of section 12(1) of the Employment Act 1988— U.K.

(a) the references in section 46(1)(a) and 58(2)(a) to satisfying the requirements of Chapter IV of Part I shall be disregarded, and

(b) the period of five years mentioned in section 46(1)(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 Chapter IV of Part I would have applied had that Chapter been in force at the time.

10 U.K. In relation to a person who was elected to a position to which Chapter IV of Part I applies before 26th July 1989, the reference in section 58(2)(a) (exemption of persons nearing retirement) to satisfying the requirements of that Chapter—

(a) shall not be construed as requiring compliance with any provision corresponding to a provision of section 13 or 15 of the M8 Employment Act 1988 (additional requirements as to elections) which was not then in force, and

(b) in relation to an election before the commencement of section 14(2) of that Act (postal ballots) shall be construed as requiring compliance with section 3 of the Trade Union Act 1984 (non-postal ballots).

Marginal Citations

M8 1988 c. 19.

Qualification to act as auditor of trade union or employers’ association U.K.

11 (1) Nothing in section 34 (eligibility for appointment as auditor) affects the validity of any appointment as auditor of a trade union or employers’ association made before 1st October 1991 (when section 389 of the M9 Companies Act 1985 was repealed and replaced by the provisions of Part II of the M10 Companies Act 1989). U.K.

(2) A person who is not qualified as mentioned in section 34(1) may act as auditor of a trade union in respect of an accounting period if—

(a) the union was registered under the Trade Union Acts 1871 to 1964 on 30th September 1971,

(b) he acted as its auditor in respect of the last period in relation to which it was required to make an annual return under section 16 of the M11 Trade Union Act 1871,

(c) he has acted as its auditor in respect of every accounting period since that period, and

(d) he retains an authorisation formerly granted by the Board of Trade or the Secretary of State under section 16(1)(b) of the M12 Companies Act 1948 (adequate knowledge and experience, or pre-1947 practice).

Marginal Citations

M9 1985 c. 6.

M10 1989 c. 40.

M11 1871 c. 31.

M12 1948 c. 38.

Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5)) U.K.

F1 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 3 para. 12 repealed (1.10.1995) by S.I. 1995/1980 (N.I. 12), art. 150(4), Sch. 4; S.R. 1995/354, art. 2(1)

Use of existing forms, &c. U.K.

13 U.K. Any document made, served or issued on or after the commencement of this Act which contains a reference to an enactment repealed by this Act shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of this Act.

Saving for power to vary or revoke U.K.

14 U.K. The power of the Secretary of State by further order to vary or revoke the M13 Funds for Trade Union Ballots Order 1982 extends to so much of section 115(2)(a) as reproduces the effect of Article 2 of that order.

Marginal Citations

M13 S.I. 1982/953.