The Industrial Relations (Northern Ireland) Order 1992

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Introductory Text

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
11A.Statement to members following annual return
12.Returns, etc., by trade unions and employers' associations outside Northern Ireland

Investigation of financial affairs

12A.Power of Certification Officer to require production of documents etc.
12B.Investigations by inspectors
12C.Inspectors' reports etc.
12D.Expenses of investigations
12E.Articles 12A and 12B: supplementary
13.Offences
13A.Penalties and prosecution time limits
13B.Duty to secure positions not held by certain offenders
13C.Remedies and enforcement

Application of existing statutory provisions
14.Application of existing statutory provisions

PART III RESTRICTIONS ON LEGAL LIABILITY AND LEGAL PROCEEDINGS

Restrictions on legal liability
Arts. 15‐20 rep. by 1995 NI 12

Legal proceedings involving trade unions and employers' associations

21.Liability of trade union in certain proceedings in tort
21A.Repudiation by union of certain acts
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
Arts. 24, 25 rep. by 1995 NI 12

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

Arts 29‐36 rep. by 1995 NI 12
37.Right to inspect union's accounting records
Art. 38 rep. by 1995 NI 12

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

Parts VI–VIII rep. by 1995 NI 12

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
70ZA.Striking Out
70A.Vexatious litigants
70B.Vexatious litigants: applications disregarded
Arts. 71—73 rep. by 1995 NI 12

Part X rep. by 1995 NI 12

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
84AA.Information required by the Agency for purposes of settling recognition disputes
84A.Arbitration scheme for unfair dismissal cases etc.
84B.Dismissal procedures agreements
85.Notification of procedural agreements
86.Review of collective bargaining arrangements
87.Industrial relations training
88.Industrial relations research
89.Advice
90.Codes of Practice
90AA.Effect of failure to comply with Code: adjustment of awards
90A.Fees for exercise of functions by the Agency

The Industrial Court

91.The Industrial Court
91A.The members of the Court
92.Proceedings of the Court
92A.Proceedings of the Court under Schedule 1A to the Trade Union and Labour Relations Order

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

Art. 97 rep. by 1993 NI 11
Arts. 98, 99 rep. by 1996 NI 16
Art. 100 rep. by 1996 NI 18
Art. 101 rep. by 1995 NI 12
Art. 102 rep. with saving by 1995 NI 12
Art. 103 rep. by 1995 NI 12

Nominations by members of trade union
104.Nominations by members of trade union

Crown employees and contracts, etc.
105.Crown employees and contracts, etc.

Restrictions on contracting out

105A.Restrictions on contracting out
Art. 106 rep. by 1998 NI 21

Supplementary

107.Orders and regulations
Art. 108 rep. by 1996 NI 16

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

Annual returns

1.(1) Subject to paragraph 5, the annual return of a...
2.Every annual return shall contain— (a) revenue accounts indicating the...
3.Every revenue account, every balance sheet and every other account...
4.Every return, in addition to containing the accounts mentioned in...
4A.(1) Every annual return of a trade union shall contain—...
5.The Certification Officer, if in any particular case he considers...

Qualifications of auditors

6.Subject to paragraph 9, a person shall not be qualified...
9.(1) Two or more persons who are not qualified under...
10.(1) None of the following persons shall act as auditor...

Appointment and removal of auditors

11.The rules of every trade union and every employers' association...
12.Notwithstanding anything in the rules of a trade union or...
13.(1) Notwithstanding anything in the rules of a trade union...
14.Regulations may make provision as to the procedure to be...
15.(1) Where any regulations made under paragraph 14 require copies...

Auditor's right of access to books and information and right to be heard at meetings

16.Every auditor of a trade union or an employers' association—...
17.(1) Every auditor of a trade union or an employers'...

Auditor's reports

18.The auditor or auditors of a trade union or an...
18A.(1) The report shall state the names of, and be...
19.The report shall state whether, in the opinion of the...
20.It shall be the duty of the auditor or auditors,...
21.If an auditor fails to obtain all the information and...
22.In this Part “accounting period”, in relation to a trade...

PART II MEMBERS' SUPERANNUATION SCHEMES

Examination of superannuation schemes

23.Subject to paragraphs 29 to 31, every trade union and...
24.Where a members' superannuation scheme to which paragraph 23 applies...
25.The report made by the actuary on the results of...
26.A copy of any report made by an actuary under...
27.Subject to paragraphs 30 and 31, no trade union or...
28.A copy of any report made to a trade union...
29.Where on the application of a trade union or employers'...
30.The Certification Officer, on the application of a trade union...
31.The Certification Officer may at any time revoke any exemption...

Periodical re-examination of schemes

32.(1) Subject to paragraph 34, where a trade union or...
33.The provisions of paragraphs 24 to 26 and paragraph 28...
34.The Certification Officer, on the application of a trade union...
35.The Certification Officer may at any time revoke any exemption...

Separate fund for members' superannuation scheme

36.After the appointed day no trade union or employers' association...
37.After the end of the period of five years beginning...

Interpretation of Part II
38.In this Part— (a) “members' superannuation scheme” means any scheme...

SCHEDULE 4
THE LABOUR RELATIONS AGENCY

PART I THE CONSTITUTION OF THE AGENCY

1.The Agency shall be a body corporate to which section...
2.(1) The Agency shall consist of the following persons appointed...
3.(1) A member of the Agency shall hold and vacate...
4.The Head of the Department may, by notice in writing...
5.The proceedings of the Agency shall not be invalidated by...
6.The Agency shall not be regarded as the servant or...

PART II SUPPLEMENTARY PROVISIONS AS TO THE AGENCY

Members

7.The Agency may pay, or make such payments towards the...
8.In Part II of Schedule 1 to the Northern Ireland...

Panel of advisers
9.(1) The Agency may appoint a panel of persons, who...

The seal
10.The fixing of the common seal of the Agency shall...

Execution of contracts and instruments not under seal
11.Any contract or instrument which, if entered into or executed...

Staff

12.The number of persons employed by the Agency and the...
13.The Agency may, in the case of such persons employed...

Financial provision
14.For the purpose of enabling the Agency to carry out...

Accounts and audit
15.(1) The Agency shall— (a) keep proper accounts and proper...

Reports
16.(1) The Agency shall, as soon as possible within a...

SCHEDULE 4A
TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 90AA APPLIES
Section 2 of the Equal Pay Act (Northern Ireland) 1970...

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