Statutory Instrument 1992 No. 807 (N.I. 5)

      The Industrial Relations (Northern Ireland) Order 1992

      © Crown Copyright 1992

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STATUTORY INSTRUMENTS

1992 No. 807 (N.I. 5)

NORTHERN IRELAND

The Industrial Relations (Northern Ireland) Order 1992

Made 16th March 1992
Coming into operation on days to be appointed under Article 1(2)


ARRANGEMENT OF ORDER

PART I
INTRODUCTORY
1.  Title and commencement.
2.  Interpretation.
PART II
DEFINITION, STATUS AND GENERAL REGULATION OF TRADE UNIONS AND EMPLOYERS' ASSOCIATIONS
Definition and status
3.  Definition and status of trade union.
4.  Definition and status of employers' association.
Listing and certification
5.  Lists of trade unions and employers' associations.
6.  Certification as independent trade union.
Property
7.  Property of trade unions and unincorporated employers' associations.
8.  Use of trade union funds for indemnifying unlawful conduct.
9.  Remedy against trustees of trade union for unlawful use of property.
Records and returns
10.  Duty to keep accounting records.
11.  Duties as to annual returns, auditors and members' superannuation schemes.
12.  Returns, etc., by trade unions and employers' associations outside Northern Ireland.
13.  Offences.
Application of existing statutory provisions
14.  Application of existing statutory provisions.
PART III
RESTRICTIONS ON LEGAL LIABILITY AND LEGAL PROCEEDINGS
Restrictions on legal liability
15.  Acts in contemplation or furtherance of trade disputes.
16.  Peaceful picketing.
17.  Secondary action.
18.  Industrial action to enforce trade union membership.
19.  Pressure to impose union membership or recognition requirements.
20.  Industrial action authorised or endorsed by trade union without support of a ballot.
Legal proceedings involving trade unions and employers' associations
21.  Actions in tort against trade unions.
22.  Limit on damages awarded against trade unions in actions in tort.
23.  Recovery of sums awarded in proceedings involving trade unions and employers' associations.
Restrictions on powers of court
24.  Court not to compel employee to work.
25.  Restrictions on grant of injunctions by court.
Enforceability of collective agreements
26.  Enforceability of collective agreements.
Union membership or recognition requirements in contracts
27.  Prohibition on union membership requirements.
28.  Prohibition on union recognition requirements.
PART IV
RIGHTS OF TRADE UNION MEMBERS
29.  Right not to be unreasonably excluded or expelled from trade union membership.
30.  Compensation for infringement of right under Article 29.
31.  Right to terminate membership of trade union.
32.  Right to a ballot before industrial action.
33.  Right not to be denied access to the courts, etc.
34.  Right not to be unjustifiably disciplined.
35.  Complaint of infringement of right under Article 34.
36.  Further remedies for infringement of right under Article 34.
37.  Right to inspect union's accounting records.
38.  Right to require employer to stop deductions of union subscriptions.
PART V
DISCLOSURE OF INFORMATION
39.  General duty of employers to disclose information.
40.  Restrictions on general duty under Article 39.
41.  Complaint of failure to disclose information.
42.  Further complaint arising from failure to disclose information.
43.  Determination of claim and award.
PART VI
SECRET BALLOTS BEFORE INDUSTRIAL ACTION
44.  Ballots authorising or endorsing industrial action.
45.  Requirements to be satisfied in relation to ballots authorising or endorsing industrial action.
46.  Interpretation of Part VI.
PART VII
SECRET BALLOTS FOR TRADE UNION ELECTIONS
47.  Duty of trade union to hold elections for certain positions.
48.  General requirements to be satisfied in relation to elections.
49.  Requirements as to election address.
50.  Requirements as to independent scrutiny.
51.  Register of members' names and addresses.
52.  Remedy for failure to comply with this Part.
53.  Proceedings before Certification Officer: supplementary provisions.
54.  Exemptions for certain trade unions.
55.  Exemptions for certain persons nearing retirement.
56.  Interpretation of Part VII.
PART VIII
POLITICAL FUNDS AND OBJECTS
57.  Restriction on application of funds for certain political purposes.
58.  Contributions to the political fund from members of the union.
59.  Approval of rules.
60.  Requirements as to ballot under this Part.
61.  Remedy with respect to ballots.
62.  Assets and liabilities of political fund.
63.  Position where resolution has ceased to have effect.
64.  Remedy for failure to comply with Article 63(3)(a).
65.  Collection of union dues by employer.
66.  Transitional provisions.
67.  Relationship of Part VIII and the Trade Union Act 1913.
68.  Interpretation of Part VIII.
PART IX
THE CERTIFICATION OFFICER AND THE COMMISSIONER FOR THE RIGHTS OF TRADE UNION MEMBERS
The Certification Officer for Northern Ireland
69.  The Certification Officer for Northern Ireland.
70.  Procedure before, and appeals from, Certification Officer.
The Northern Ireland Commissioner for the Rights of Trade Union Members
71.  The Northern Ireland Commissioner for the Rights of Trade Union Members.
72.  Assistance by the Commissioner.
73.  Provisions supplementary to Article 72.
PART X
AMALGAMATIONS, ETC.
74.  Conditions for amalgamations and transfers of engagements of trade unions.
75.  Manner of voting on, and majority required for, resolution.
76.  Power to alter rules of transferee union for purposes of transfer of engagements.
77.  Complaint to Certification Officer as regards passing of resolution.
78.  Disposal of property on amalgamation or transfer.
79.  Change of name of trade union.
80.  Regulations.
81.  Interpretation of Part X.
PART XI
MACHINERY FOR PROMOTING IMPROVEMENT OF INDUSTRIAL RELATIONS
The Labour Relations Agency
82.  Constitution of the Labour Relations Agency.
83.  General function of the Agency.
84.  Functions of the Agency in relation to trade disputes.
85.  Notification of procedural agreements.
86.  Review of collective bargaining arrangements.
87.  Industrial relations training.
88.  Industrial relations research.
89.  Industrial relations advice.
90.  Codes of Practice.
The Industrial Court
91.  Constitution of the Industrial Court.
92.  Procedure of the Industrial Court.
Courts of inquiry
93.  Court of inquiry into trade dispute.
94.  Procedure of court of inquiry.
Issue by Department of Codes of Practice
95.  Issue by Department of Codes of Practice.
Meaning of "trade dispute" in Part XI
96.  Meaning of "trade dispute" in Part XI.
PART XII
MISCELLANEOUS AND SUPPLEMENTARY
Employee's individual rights
97.  Written statements of terms of employment.
98.  Time off for trade union duties.
99.  Period of employment necessary to qualify for statement of reasons for dismissal.
100.  Industrial tribunal procedure.
101.  Action by an employer to enforce membership of union.
Ballots
102.  Payments in respect of secret ballots.
103.  Secret ballots on employer's premises.
Nominations by members of trade union
104.  Nominations by members of trade union.
Crown employees and contracts, etc.
105.  Crown employees and contracts, etc.
Fair Employment
106.  Amendments to the Fair Employment (Northern Ireland) Acts.
Supplementary
107.  Orders and regulations.
108.  Amendments, revocations and repeals.

SCHEDULES:

  Schedule 1  — Administrative provisions relating to trade unions and employers' associations.
  Part I Annual returns, and qualifications, appointment and removal, and functions, of auditors.
  Part II Members' superannuation schemes.

  Schedule 2  — The Northern Ireland Commissioner for the rights of Trade Union Members.

  Schedule 3  — Modifications of Part X as applying to amalgamations and transfers of engagements involving Great Britain unions.

  Schedule 4  — The Labour Relations Agency.
  Part I The constitution of the Agency.
  Part II Supplementary provisions as to the Agency.

  Schedule 5  — Amendments.
  Part I Minor and consequential amendments.
  Part II Pre-consolidation amendments.

  Schedule 6  — Repeals.

 

Explanatory Note


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