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Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
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Introductory Text
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Main body
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Part I Trade Unions
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Chapter I Introductory
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Meaning of "trade union"
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1. Meaning of "trade union".
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The list of trade unions
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2. The list of trade unions.
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3. Application to have name entered in the list.
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4. Removal of name from the list.
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Certification as independent trade union
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5. Meaning of "independent trade union".
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6. Application for certificate of independence.
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7. Withdrawal or cancellation of certificate.
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8. Conclusive effect of Certification Officer's decision.
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Supplementary
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9. Appeal against decision of Certification Officer.
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Chapter II Status and property of trade unions
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General
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10. Quasi-corporate status of trade unions.
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11. Exclusion of common law rules as to restraint of trade.
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Property of trade union
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12. Property to be vested in trustees.
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13. Vesting of property in new trustees.
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14. Transfer of securities held in trust for trade union.
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15. Prohibition on use of funds to indemnify unlawful conduct.
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16. Remedy against trustees for unlawful use of union property.
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17. Nominations by members of trade unions.
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18. Payments out of union funds on death of member.
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19. Application of certain provisions relating to industrial assurance or friendly societies.
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Liability of trade unions in proceedings in tort
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20. Liability of trade union in certain proceedings in tort.
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21. Repudiation by union of certain acts.
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22. Limit on damages awarded against trade unions in actions in tort.
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Restriction on enforcement against certain property
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23. Restriction on enforcement of awards against certain property.
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Chapter III Trade union administration
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Register of members' names and addresses
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24. Duty to maintain register of members' names and addresses.
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24A. Securing confidentiality of register during ballots.
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25. Remedy for failure: application to Certification Officer.
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26. Remedy for failure: application to court.
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Duty to supply copy of rules
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27. Duty to supply copy of rules.
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Accounting records
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28. Duty to keep accounting records.
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29. Duty to keep records available for inspection.
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30. Right of access to accounting records.
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31. Remedy for failure to comply with request for access.
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Annual return, accounts and audit
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32. Annual return.
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32A. Statement to members following annual return.
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33. Duty to appoint auditors.
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34. Eligibility for appointment as auditor.
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35. Appointment and removal of auditors.
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36. Auditors' report.
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37. Rights of auditors.
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Investigation of financial affairs
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37A. Power of Certification Officer to require production of documents etc.
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37B. Investigations by inspectors.
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37C. Inspectors' reports etc.
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37D. Expenses of investigations.
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37E. Sections 37A and 37B: supplementary.
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Members' superannuation schemes
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38. Members' superannuation schemes: separate fund to be maintained.
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39. Examination of proposals for new scheme.
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40. Periodical re-examination of existing schemes.
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41. Powers of the Certification Officer.
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42. Meaning of "appropriately qualified actuary".
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Supplementary
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43. Newly-formed trade unions.
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44. Discharge of duties in case of union having branches or sections.
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45. Offences.
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45A. Penalties and prosecution time limits.
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45B. Duty to secure positions not held by certain offenders.
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45C. Remedies and enforcement.
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45D. Appeals from Certification Officer.
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Chapter IV Elections for certain positions
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Duty to hold elections
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46. Duty to hold elections for certain positions.
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Requirements to be satisfied with respect to elections
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47. Candidates.
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48. Election addresses.
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49. Appointment of independent scrutineer.
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50. Entitlement to vote.
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51. Voting.
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51A. Counting of votes etc. by independent person.
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52. Scrutineer's report.
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53. Uncontested elections.
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Remedy for failure to comply with requirements
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54. Remedy for failure to comply with requirements: general.
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55. Application to Certification Officer.
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56. Application to court.
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56A. Appeals from Certification Officer.
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Supplementary
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57. Exemption of newly-formed trade unions, &c.
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58. Exemption of certain persons nearing retirement.
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59. Period for giving effect to election.
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60. Overseas members.
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61. Other supplementary provisions.
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Chapter V Rights of trade union members
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Right to a ballot before industrial action
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62. Right to a ballot before industrial action.
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Right not to be denied access to the courts
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63. Right not to be denied access to the courts.
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Right not to be unjustifiably disciplined
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64. Right not to be unjustifiably disciplined.
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65. Meaning of "unjustifiably disciplined".
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66. Complaint of infringement of right.
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67. Further remedies for infringement of right.
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Right not to suffer deduction of unauthorised or excessive union subscriptions
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68. Right not to suffer deduction of unauthorised subscriptions
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68A. Complaint of infringement of rights.
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Right to terminate membership of union
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69. Right to terminate membership of union.
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Supplementary
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70. Membership of constituent or affiliated organisation.
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Chapter VA Collective bargaining: recognition
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70A. Recognition of trade unions.
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70B. Training.
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70C. Section 70B: complaint to employment tribunal.
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Chapter VI Application of funds for political objects
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Restriction on use of funds for certain political objects
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71. Restriction on use of funds for political objects.
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72. Political objects to which restriction applies.
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72A. Application of funds in breach of section 71.
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Political resolution
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73. Passing and effect of political resolution.
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74. Approval of political ballot rules.
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75. Appointment of independent scrutineer.
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76. Entitlement to vote.
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77. Voting.
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77A. Counting of votes etc. by independent person.
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78. Scrutineer's report.
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79. Remedy for failure to comply with ballot rules: general.
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80. Application to Certification Officer.
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81. Application to court.
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The political fund
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82. Rules as to political fund.
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83. Assets and liabilities of political fund.
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84. Notice of objection to contributing to political fund.
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[85. Manner of giving effect to exemptions.]
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Duties of employer who deducts union contributions
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86. Certificate of exemption or objection to contributing to political fund.
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87. Complaint in respect of employer's failure.
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88. Application of provisions of Wages Act 1986.
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Position where political resolution ceases to have effect
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89. Administration of political fund where no resolution in force.
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90. Discontinuance of contributions to political fund.
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91. Rules to cease to have effect.
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Supplementary
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92. Manner of making union rules.
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93. Effect of amalgamation.
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94. Overseas members of trade union.
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95. Appeals from Certification Officer.
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96. Meaning of "date of the ballot".
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Chapter VII Amalgamations and similar matters
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Amalgamation or transfer of engagements
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97. Amalgamation or transfer of engagements.
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98. Approval of instrument of amalgamation or transfer.
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99. Notice to be given to members.
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100. Requirement of ballot on resolution.
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100A. Appointment of independent scrutineer.
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100B. Entitlement to vote.
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100C. Voting.
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100D. Counting of votes etc. by independent person.
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100E. Scrutineer's report.
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101. Registration of instrument of amalgamation or transfer.
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102. Power to alter rules of transferee union for purposes of transfer.
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103. Complaints as regards passing of resolution.
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104. Appeal from decision of Certification Officer.
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105. Transfer of property on amalgamation or transfer.
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106. Amalgamation or transfer involving Northern Ireland union.
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Change of name
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107. Change of name of trade union.
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Supplementary
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108. General power to make regulations.
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Chapter VIIA BREACH OF RULES
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108A. Right to apply to Certification Officer.
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108B. Declarations and orders.
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108C. Appeals from Certification Officer.
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Chapter VIII Assistance for certain legal proceedings
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Chapter IX Miscellaneous and general provisions
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Further provisions with respect to ballots
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115. Payments towards expenditure in connection with secret ballots.
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116. Use of employer's premises for secret ballot.
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Exceptions and adaptations for certain bodies
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117. Special register bodies.
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118. Federated trade unions.
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Interpretation
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119. Expressions relating to trade unions.
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120. Northern Ireland unions.
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121. Meaning of "the court".
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Part II Employers' Associations
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Introductory
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122. Meaning of "employers' association".
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The list of employers' associations
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123. The list of employers' associations.
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124. Application to have name entered in the list.
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125. Removal of name from the list.
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126. Appeal against decision of Certification Officer.
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Status and property of employers' associations
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127. Corporate or quasi-corporate status of employers' associations.
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128. Exclusion of common law rules as to restraint of trade.
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129. Property of unincorporated employers' associations, &c.
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130. Restriction on enforcement of awards against certain property.
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Administration of employers' associations
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131. Administrative provisions applying to employers' associations.
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Application of funds for political objects
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132. Application of funds for political objects.
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Amalgamations and similar matters
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133. Amalgamations and transfers of engagements.
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134. Change of name of employers' association.
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General
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135. Federated employers' associations.
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136. Meaning of "officer" of employers' association.
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Part III Rights in relation to union membership and activities
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Access to employment
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137. Refusal of employment on grounds related to union membership.
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138. Refusal of service of employment agency on grounds related to union membership.
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139. Time limit for proceedings.
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140. Remedies.
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141. Complaint against employer and employment agency.
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142. Awards against third parties.
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143. Interpretation and other supplementary provisions.
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Contracts for supply of goods or services
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144. Union membership requirement in contract for goods or services void.
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145. Refusal to deal on union membership grounds prohibited.
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Action short of dismissal
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146. Action short of dismissal on grounds related to union membership or activities.
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147. Time limit for proceedings.
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148. Consideration of complaint.
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149. Remedies.
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150. Awards against third parties.
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151. Interpretation and other supplementary provisions.
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Dismissal
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152. Dismissal on grounds related to union membership or activities.
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153. Selection for redundancy on grounds related to union membership or activities.
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154. Exclusion of requirement as to qualifying period, &c.
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155. Matters to be disregarded in assessing contributory fault.
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156. Minimum basic award.
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157. Special award of compensation.
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158. Amount of special award.
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159. Power to increase sums by order.
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160. Awards against third parties.
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161. Application for interim relief.
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162. Application to be promptly determined.
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163. Procedure on hearing of application and making of order.
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164. Order for continuation of contract of employment.
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165. Application for variation or revocation of order.
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166. Consequences of failure to comply with order.
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167. Interpretation and other supplementary provisions.
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Time off for trade union duties and activities
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168. Time off for carrying out trade union duties.
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[168A Time off for union learning representatives]
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169. Payment for time off under section 168.
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170. Time off for trade union activities.
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171. Time limit for proceedings.
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172. Remedies.
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173. Intepretation and other supplementary provisions.
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Right to membership of trade union
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174. Right not to be excluded or expelled from union.
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175. Time limit for proceedings.
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176. Remedies.
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177. Interpretation and other supplementary provisions.
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Part IV Industrial Relations
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Chapter I Collective bargaining
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Introductory
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178. Collective agreements and collective bargaining.
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Enforceability of collective agreements
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179. Whether agreement intended to be a legally enforceable contract.
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180. Effect of provisions restricting right to take industrial action.
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Disclosure of information for purposes of collective bargaining
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181. General duty of employers to disclose information.
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182. Restrictions on general duty.
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183. Complaint of failure to disclose information.
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184. Further complaint of failure to comply with declaration.
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185. Determination of claim and award.
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Prohibition of union recognition requirements
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186. Recognition requirement in contract for goods or services void.
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187. Refusal to deal on grounds of union exclusion prohibited.
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Chapter II Procedure for Handling Redundancies
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Duty of employer to consult trade union representatives
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188. Duty of employer to consult trade union representatives.
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188A. {- The requirements for the election of employee representatives under section 188(1B)(b)(ii) ar...}
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189. Complaint by trade union and protective award.
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190. Entitlement under protective award.
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191. Termination of employment during protected period.
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192. Complaint by employee toemployment tribunal.
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Duty of employer to notify Secretary of State
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193. Duty of employer to notify Secretary of State of certain redundancies.
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194. Offence of failure to notify.
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Supplementary provisions
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195. Construction of references to dismissal as redundant etc.
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196. Construction of references to representatives.
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197. Power to vary provisions.
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198. Power to adapt provisions in case of collective agreement.
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Chapter III Codes of Practice
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Codes of Practice issued by ACAS
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199. Issue of Codes of Practice by ACAS.
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200. Procedure for issue of Code by ACAS.
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201. Consequential revision of Code issued by ACAS.
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202. Revocation of Code issued by ACAS.
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Codes of Practice issued by the Secretary of State
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203. Issue of Codes of Practice by the Secretary of State.
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204. Procedure for issue of Code by Secretary of State.
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205. Consequential revision of Code issued by Secretary of State.
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206. Revocation of Code issued by Secretary of State.
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Supplementary provisions
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207. Effect of failure to comply with Code.
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208. Provisions of earlier Code superseded by later.
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Chapter IV General
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Functions of ACAS
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209. General duty to promote improvement of industrial relations.
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210. Conciliation.
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211. Conciliation officers.
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212. Arbitration.
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212A. Arbitration scheme for unfair dismissal cases etc.
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212B. Dismissal procedures agreements.
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213. Advice.
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214. Inquiry.
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Courts of inquiry
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215. Inquiry and report by court of inquiry.
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216. Constitution and proceedings of court of inquiry.
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Supplementary provisions
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217. Exclusion of power of arbiter to state case to Court of Session.
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218. Meaning of "trade dispute" in Part IV.
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Part V Industrial action
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Protection of acts in contemplation or furtherance of trade dispute
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219. Protection from certain tort liabilities.
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220. Peaceful picketing.
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221. Restrictions on grant of injunctions and interdicts.
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Action excluded from protection
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222. Action to enforce trade union membership.
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223. Action taken because of dismissal for taking unofficial action.
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224. Secondary action.
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225. Pressure to impose union recognition requirement.
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Requirement of ballot before action by trade union
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226. Requirement of ballot before action by trade union.
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226A. Notice of ballot and sample voting paper for employers.
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226B. Appointment of scrutineer.
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226C. Exclusion for small ballots.
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227. Entitlement to vote in ballot.
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228. Separate workplace ballots.
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228A. Separate workplaces: single and aggregate ballots.
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229. Voting paper.
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230. Conduct of ballot.
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231. Information as to result of ballot.
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231A. Employers to be informed of ballot result.
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231B. Scrutineer's report.
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232. Balloting of overseas members.
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232A. Inducement of member denied entitlement to vote.
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232B. Small accidental failures to be disregarded.
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233. Calling of industrial action with support of ballot.
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234. Period after which ballot ceases to be effective.
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Requirement on trade union to give notice of industrial action
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234A. Notice to employers of industrial action.
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235. Construction of references to contract of employment.
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Industrial action affecting supply of goods or services to an individual
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235A. Industrial action affecting supply of goods or services to an individual.
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235B. Application for assistance for proceedings under section 235A.
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235C. Provisions supplementary to section 235B.
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No compulsion to work
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236. No compulsion to work.
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Loss of unfair dismissal protection
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237. Dismissal of those taking part in unofficial industrial action.
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238. Dismissals in connection with other industrial action.
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238A. Participation in official industrial action.
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239. Supplementary provisions relating to unfair dismissal.
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Criminal offences
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240. Breach of contract involving injury to persons or property.
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241. Intimidation or annoyance by violence or otherwise.
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242. Restriction of offence of conspiracy: England and Wales.
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243. Restriction of offence of conspiracy: Scotland.
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Supplementary
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244. Meaning of "trade dispute" in Part V.
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245. Crown employees and contracts.
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246. Minor definitions.
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Part VI Administrative provisions
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ACAS
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247. ACAS.
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248. The Council of ACAS.
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249. Terms of appointment of members of Council.
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250. Remuneration, &c. of members of Council.
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251. Secretary, officers and staff of ACAS.
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251A. Fees for exercise of functions by ACAS.
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252. General financial provisions.
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253. Annual report and accounts.
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The Certification Officer
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254. The Certification Officer.
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255. Remuneration, &c. of Certification Officer and assistants.
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256. Procedure before the Certification Officer.
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256A. Vexatious litigants.
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256B. Vexatious litigants: applications disregarded.
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257. Custody of documents submitted under earlier legislation.
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258. Annual report and accounts.
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Central Arbitration Committee
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259. The Central Arbitration Committee.
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260. The members of the Committee.
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261. Terms of appointment of members of Committee.
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262. Remuneration, &c. of members of Committee.
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263. Proceedings of the Committee.
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263A. Proceedings of the Committee under Schedule A1.
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264. Awards of the Committee.
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265. Annual report and accounts.
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The Commissioner for the Rights of Trade Union Members
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266. The Commissioner.
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267. .
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268. .
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269. .
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270. .
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271. .
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Supplementary
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272. Meaning offinancial year.
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Part VII Miscellaneous and general
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Crown employment, etc.
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273. Crown employment.
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274. Armed forces.
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275. Exemption on grounds of national security.
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276. Further provision as to Crown application.
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House of Lords and House of Commons staff
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277. House of Lords staff.
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278. House of Commons staff.
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Health service practitioners
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279. Health service practitioners.
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Police service
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280. Police service.
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Excluded classes of employment
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281. Part-time employment.
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| |
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282. Short-term employment.
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283. Mariners.
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284. Share fishermen.
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285. Employment outside Great Britain.
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286. Power to make further provision as to excluded classes of employment.
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Offshore employment
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| |
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287. Offshore employment.
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Contracting out, &c.
|
| |
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288. Restriction on contracting out.
|
| |
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289. Employment governed by foreign law.
|
| |
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|
Employment tribunal proceedings
|
| |
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290. General provisions as to conciliation.
|
| |
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291. Right of appeal from industrial tribunal.
|
| |
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|
Other supplementary provisions
|
| |
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292. Death of employee or employer.
|
| |
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293. Regulations.
|
| |
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294. Reciprocal arrangements with Northern Ireland.
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|
Interpretation
|
| |
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295. Meaning of employee and related expressions.
|
| |
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296. Meaning of worker and related expressions.
|
| |
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297. Associated employers.
|
| |
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298. Minor definitions: general.
|
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299. Index of defined expressions.
|
| |
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|
Final provisions
|
| |
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|
300. Repeals, consequential amendments, transitional provisions and savings.
|
| |
|
|
|
301. Extent.
|
| |
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|
302. Commencement.
|
| |
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|
303. Short title.
|
| |
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|
Schedules
|
| |
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|
SCHEDULE A1 Collective Bargaining: Recognition
|
| |
|
|
|
Part I Recognition
|
| |
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|
|
Part II Voluntary Recognition
|
| |
|
|
|
Part III Changes affecting bargaining unit
|
| |
|
|
|
Part IV Derecognition: General
|
| |
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|
|
Part V Derecognition where recognition automatic
|
| |
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|
|
Part VI Derecognition where union not independent
|
| |
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|
|
Part VII Loss of independence
|
| |
|
|
|
Part VIII Detriment
|
| |
|
|
|
Part IX General
|
| |
|
|
|
SCHEDULE 1 Repeals
|
| |
|
|
|
SCHEDULE 2 Consequential amendments
|
| |
|
|
|
SCHEDULE 3 Transitional provisions and savings
|
| |
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|
TABLE OF DERIVATIONS
|