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TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT 11

1974 c.52

11.(1) This Act may be cited as the Trade Union (Amalgamations, etc.) Act
(Northern Ireland) 1965, and may be cited together with the Trade Union Acts
(Northern Ireland) 1871 to 1958 as the Trade Union Acts (Northern Ireland)
1871 to 1965.

Subs.(2) rep. by SLR 1973

1. On a complaint made under section 4 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 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.

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 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 or
any order of the Registrar made in pursuance of sub-paragraph (d) of that
paragraph, he shall, subject to paragraph 4, 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.

4. A person shall not be convicted of an offence under paragraph 3 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) has been paid or tendered.

5. Any sum payable by virtue of an order under paragraph 1(e) or (f) shall be
a civil debt due to the person to whom it is so payable and shall be
recoverable in any court of competent jurisdiction.

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

2.(1) The requirements of section 1 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 Great Britain union, but the Registrar shall
not under section 1(5) register the instrument unless he is satisfied that the
instrument will be effective under the law of Great Britain.

(2) In accordance with sub-paragraph (1), nothing in section 2 or section 4
shall apply in relation to the passing of a resolution by a
Great Britain union.

3. Nothing in section 3 shall apply in relation to the alteration of the rules
of a Great Britain union.

4. Where an instrument of amalgamation or transfer is submitted to
the Registrar for his approval under section 1(4), the Registrar shall not
give his approval unless the instrument states which of the bodies concerned
is a Great Britain 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 Great Britain union.

Schedule 3Repeals

Section 4.

Section 9.

© 1965 Crown Copyright

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