Trade Union Act, 1941

Obligations of holder of negotiation licence where holder is not a registered trade union.

13.—(1) Whenever and so long as any authorised trade-union not 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 or constitution provisions specifying the conditions of entry into and cesser of membership of such trade union by persons resident within the State,

(b) such trade union shall have and maintain an office within the State for the purposes of this Act and shall give notice in writing to the Minister of the situation of such office and of every change thereof,

(c) such trade union shall maintain at the said 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 such 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,

(d) such trade union shall, in accordance with regulations to be prescribed by the Minister, keep at the said 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,

(e) such trade union shall from time to time as occasion requires give notice in writing to the Minister of the name of a person ordinarily resident in the State whom it considers suitable for accepting service of documents on its behalf and any document whatsoever (whether for the purposes of this Act or for any other purposes) may be served on such trade union by enclosing it in an envelope addressed to such person at the said office and by delivering such envelope at the said office or by sending it thereto by registered post, and such document shall thereupon be deemed for all purposes to have been properly served on such trade union,

(f) such trade union shall give notice in writing to the Minister of every of the following changes not later than twenty-one days after the making thereof, that is to say:—

(i) every change in its rules or constitution,

(ii) every change in its committee of management or other controlling authority,

(iii) every change in its trustees, and

(iv) every change of its secretary or other principal officer, and

(g) 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 there is, in relation to any authorised trade union in respect of which this section applies, a failure to comply with any requirement of this section, such of the members and 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 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.