Trade Union Act, 1941

Obligations of holder of negotiation licence where holder is a registered trade union.

12.—(1) Whenever and so long as any authorised trade union registered under the Trade Union Acts, 1871 to 1935, is the holder of a negotiation licence, the following provisions shall have effect, that is to say:—

(a) such trade union shall include in its rules provisions specifying the conditions of entry into and cesser of membership of such trade union,

(b) such trade union shall maintain at its office a register of its members (including former members other than those dead and those who have been non-members for more than five years or since before the grant of such negotiation licence) and such register shall, as regards each member, show—

(i) his name and address,

(ii) the date of commencement of his membership,

(iii) where his membership has ceased, the date of the cesser and whether it was caused by resignation, suspension, expulsion, or otherwise, and

(iv) where his membership has ceased by suspension or expulsion, the date of the order directing and a reference to the rule or other provision authorising such suspension or expulsion,

(c) such trade union shall, in accordance with regulations to be prescribed by the Minister, keep at its office such register of members open for inspection by any interested person who pays such fee, not exceeding five shillings in respect of each day (or part of a day) during which the inspection continues, as such trade union determines, and

(d) a person who ceases, otherwise than by death, to be a member of such trade union shall, for the purposes of this Act, be deemed to continue to be a member thereof for one month after such cesser.

(2) If any authorised trade union in respect of which this section applies fails to comply with any requirement of this section, such trade union and such of the officers thereof as consent to or facilitate such failure shall each be guilty of an offence under this section and shall each be liable on summary conviction thereof to a fine not exceeding five pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence is continued.

(3) Any person may apply to the Minister for an authorisation in writing to inspect any register of members of a trade union kept in pursuance of this section and the Minister, if satisfied that the applicant has a bona fide interest in inspecting such register, shall issue to the applicant an authorisation such as aforesaid in respect of such period as the Minister thinks proper.

(4) In this section—

the word “office” means, in relation to a trade union, the office which for the time being is the registered office of such trade union for the purposes of the Trade Union Acts, 1871 to 1935;

the expression “interested person” means, in relation to a register of members of a trade union—

(a) any person having an interest in the funds of such trade union, or

(b) any officer of the Minister authorised by the Minister in writing to inspect such register, or

(c) during the period in respect of which an authorisation under sub-section (3) of this section is issued in relation to such register, the person specified in the authorisation.