TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT 4 Complaints to Registrar as regards passing of resolution.

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TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT 4

Complaints to Registrar as regards passing of resolution.

4.(1) A member of a trade union which passes or purports to pass a resolution
approving an instrument of amalgamation or transfer may complain to
the Registrar on one or more of the following grounds, that is

(a)that the manner in which the vote on the resolution was taken did not
satisfy the conditions specified in section 1(2); or

(b)where that vote was taken under arrangements made under section 2(2), that
the manner in which it was taken was not in accordance with the arrangements;
or

(c)where that vote was taken under provisions in the rules of the union, that
the manner in which it was taken was not in accordance with those rules; or

(d)that the votes recorded did not have the effect of passing the resolution.

(2) A complaint under this section may be made at any time before, but shall
not be made after, the expiration of a period of six weeks beginning with the
date on which an application for registration of the instrument of
amalgamation or transfer is sent to the Registrar; and where a complaint is
made under this section, the Registrar shall not register the instrument under
this Act before the complaint is finally determined.

(3) Where a complaint is made under this section the Registrar may either
dismiss it or, if after giving the complainant and the trade union an
opportunity of being heard he finds the complaint to be justified, may either

(a)so declare, but make no order under this subsection thereon; or

(b)make an order specifying the steps which must be taken before he will
entertain any application to register the instrument of amalgamation or
transfer, as the case may be.

(4) It shall be the duty of the Registrar to furnish a statement, either
written or oral, of the reasons for any decision which he gives on a complaint
under this section.

(5) The Registrar may from time to time by order vary any order made under
subsection (3), and after making an order under that subsection in relation to
an instrument of amalgamation or transfer shall not entertain any application
to register that instrument unless he is satisfied that the steps specified in
the order (or, where the order has been varied, in the order as varied) have
been taken.

(6) Schedule 1 shall apply in relation to complaints under this section.

(7) Subject to subsection (8), the validity of a resolution approving an
instrument of amalgamation or transfer shall not be questioned in any legal
proceedings whatsoever (except proceedings before the Registrar under this
section or any proceedings arising out of such proceedings) on any ground on
which a complaint could be, or could have been, made to the Registrar under
this section.

(8) In the course of proceedings on a complaint under this section
the Registrar may, at the request of the complainant or of the trade union,
state a case for the opinion of the Court of Appeal on any question of law
arising in the proceedings.

The decision of the Court of Appeal on a case stated under this subsection
shall be final.

(9) Anything which under this section is required or authorised to be done by,
to or before the Registrar may be done by, to or before such person as
the Registrar may, with the approval of the Minister of Commerce, appoint for
the purpose and where a person is so appointed in connection with any
complaint under this section, Schedule 1 shall apply in relation to that
complaint as if any reference therein to the Registrar included a reference to
that person.

(10) It is hereby declared that the Arbitration Act (Northern Ireland) 1937
does not apply to proceedings on a complaint under this section.

(11) For the purposes of this section a complaint which is withdrawn shall be
deemed to be finally determined at the time when it is withdrawn.

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Northern Irish Legislation

TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT 4