Trade Union Act, 1971

Grant of negotiation licence.

2.—(1) Notwithstanding Part II of the Act of 1941 but subject to section 3 of this Act, a body of persons shall not be granted a negotiation licence under that Part unless it is a body which, in addition to fulfilling a condition specified in section 7 (1) (a) of the Act of 1941, fulfils the following conditions—

(a) that, not less than eighteen months before the date of the application for the negotiation licence it—

(i) notifies the Minister, the Congress and any trade union, of which any members of the body are members, of its intention to make the application,

(ii) causes to be published in at least one daily newspaper published in the State a notice in the prescribed form (within the meaning of the Act of 1941) of its intention to make the application, and

(iii) deposited and kept deposited with the High Court the appropriate sum, and

(b) that it shows to the satisfaction of the Minister that, both at a date not less than eighteen months before the date of the application for the negotiation licence and at the date of that application, it had not less than 500 members resident in the State.

(2) Where after the passing of this Act a trade union is formed consisting wholly or mainly of two or more authorised trade unions which have amalgamated and each of which, immediately before the amalgamation, had been the holder of a negotiation licence, subsection (1) of this section shall not apply to the grant of a negotiation licence to the trade union so formed.

(3) Sections 14 to 16 of the Act of 1941 shall apply in relation to a deposit made with the High Court under this Act as if the deposit were a deposit under the Act of 1941, and in the application of section 15 of the Act of 1941 in relation to a deposit made under this Act “the appropriate sum” shall have the meaning assigned to it by this section.

(4) In this section “the appropriate sum” means the sum appropriate to the number of members of the relevant body in accordance with the Schedule to this Act.