S.I. No. 53/1976:

TRADE UNION AMALGAMATIONS REGULATIONS, 1976.

TRADE UNION AMALGAMATIONS REGULATIONS, 1976.

I, JUSTIN KEATING, Minister for Industry and Commerce in exercise of the powers conferred on me by section 13 of the Trade Union Act, 1975 (No. 4 of 1975), with the consent of the Minister for Labour, hereby make the following Regulations:

GENERAL

1. These Regulations may be cited as the Trade Union Amalgamations Regulations, 1976, and shall come into operation on the 21st day of February, 1976.

2. In these Regulations--

"the Act" means the Trade Union Act, 1975 (No. 4 of 1975);

"duly authenticated" means bearing the Registrar's signature and the date of signing;

"Schedule 1" means Schedule 1 to these Regulations;

"Schedule 2" means Schedule 2 to these Regulations;

"Schedule 3" means Schedule 3 to these Regulations.

3. (1) An application pursuant to section 4 of the Act for approval of a proposed instrument of amalgamation or transfer shall be submitted to the Registrar--

( a ) in the case of a proposed amalgamation, by one of the amalgamating trade unions, or

( b ) in the case of a proposed transfer of engagements, by the transferor trade union,

and shall in each case be accompanied by two copies of the proposed instrument each signed as required by paragraph 6 of Schedule 1 or paragraph 4 of Schedule 2 (as may be appropriate) and by a copy of the rules of each trade union which would be a party to the proposed instrument.

(2) Two copies of the notice referred to in section 3 (1) (d) of the Act and required by section 4 of the Act to be submitted to the Registrar shall be so submitted.

(3) The Registrar shall indicate his approval under section 4 of the Act of such instrument or notice by returning one copy to the trade union which submitted it, marked with the word "Approved" or the word "Ceadaithe" and duly authenticated.

4. (1) The instrument of amalgamation shall contain the particulars and information specified in Schedule 1.

(2) An instrument of transfer shall contain the particulars and information specified in Schedule 2.

5. The notice required by section 3 (1) (e) of the Act shall be in the form specified in Schedule 3 to these Regulations.

6. (1) A trade union proposing to have an instrument of amalgamation registered under section 6 of the Act shall apply to the Registrar on a form provided by him for that purpose, and the application shall be signed by three members of the committee of management or other governing body, and the secretary, of each of the amalgamating trade unions.

(2) An application under paragraph (1) shall be accompanied by two copies of the instrument, two copies of the proposed rules of the amalgamated trade union and a statutory declaration on a form provided by the Registrar for that purpose from each of the amalgamating unions.

(3) Each copy of proposed rules furnished under paragraph (2) shall be signed by the secretary of each of the amalgamating unions.

(4) An application for registration of an instrument of transfer under section 6 of the Act shall be signed by three members of the committee of management or other governing body, and the secretary, of each of the trade unions concerned and shall be submitted to the Registrar by the transferee trade union on a form provided by him for that purpose.

(5) An application under paragraph (4) shall be accompanied by two copies of the instrument, by statutory declarations, on forms provided by the Registrar for that purpose, by the secretaries of the transferor trade union and transferee trade union respectively and by two copies of any amendments to the rules of the transferee trade union since the date of the relevant submission under Regulation 3(1).

(6) Where in his opinion it is necessary to do so in order to ensure adequate publicity for the purpose of section 10 (2) of the Act, the Registrar may, not later than seven days after he receives the application for registration of the instrument, require notice to be given or published, in such manner and form and before such date as he may direct, of the fact that the application for registration has been or is to be made to him.

(7) Before registering under section 6 of the Act an instrument furnished under this Regulation, the Registrar shall satisfy himself that the proposed rules of the amalgamated trade union or transfee trade union (as may be appropriate) are in no way inconsistent with the terms of the instrument.

(8) Where he registers under section 6 of the Act an instrument furnished to him under this Regulation, the Registrar shall return one copy to the address specified for that purpose on the form referred to in paragraph (1) or to the transferee trade union (as may be appropriate), marked with the word "Registered" or the word "Cláraithe" and duly authenticated.

7. (1) A trade union proposing to have a change of name registered under Section 12 of the Act shall apply to the Registrar in duplicate on a form provided by him for that purpose, and the application shall be signed by three members of the committee of management or other governing body, and the secretary of the trade union.

(2) An application under paragraph (1) shall be accompanied by a statutory declaration on a form provided by the Registrar for that purpose by the secretary of the union as to the method in which the change of name was effected.

(3) Upon approving the change of name the Registrar shall return to the trade union one copy of the application under this Regulation, marked with the word "Registered" or the word "Cláraithe" and duly authenticated.

SCHEDULE 1.

Regulation 4 (1)

CONTENTS OF INSTRUMENT OF AMALGAMATION.

1. The instrument shall state that it is an instrument of amalgamation between the trade unions named therein as the amalgamating trade unions, and that on the coming into operation of the instrument the members of the amalgamating trade unions will become members of the amalgamated trade union and be subject to that union's rules.

2. The instrument shall either set out the proposed rules of the amalgamated trade union or state who are the persons authorised to draw up those rules.

3. If the instrument does not set out the proposed rules it shall contain a summary of what those rules will provide with regard to the following matters:--

(i) the name and principal purposes of the amalgamated trade union;

(ii) the conditions of admission to membership;

(iii) the structure of the amalgamated trade union;

(iv) the method of appointing and removing its governing body and principal officials and of altering its rules;

(v) the contributions and benefits applicable to members of the amalgamating trade unions.

4. The instrument shall specify any property held for the benefit of any of the amalgamating trade unions or for the benefit of a branch of any of those unions which is not to be vested in the appropriate trustees and shall state the proposed disposition of any such property.

5. Without prejudice to section 6 of the Act, the instrument shall state the date on which it is to take effect.

6. The instrument shall be signed by three members of the committee of management or other governing body and the secretary of each of the amalgamating trade unions.

SCHEDULE 2.

Regulation 4 (2)

CONTENTS OF INSTRUMENT OF TRANSFER.

1. The instrument shall state that it is an instrument of transfer of the engagements of the trade union named therein as the transferor trade union to the trade union named therein as the transferee trade union and that on the coming into operation of the instrument the members of the transferor trade union will become members of the transferee trade union and be subject to that trade union's rules.

2. The instrument shall:--

(i) state what contributions and benefits will be applicable to members of the transferor trade union under the transferee trade union's rules;

(ii) if members of the transferor trade union are to be allocated to a branch or section or to branches or sections of the transferee trade union, give particulars of such allocation or the method by which it is to be decided;

(iii) state whether before registration of the instrument the transferee trade union's rules are to be altered in their application to members of the transferor trade union and, if so, the effect of any alterations;

(vi) without prejudice to section 6 of the Act, state the date on which the instrument is to take effect.

3. The instrument shall specify any property held for the benefit of the transferor trade union or for the benefit of a branch of the transferor trade union which is not to be vested in the appropriate trustees and shall state the proposed disposition of any such property.

4. The instrument shall be signed by three members of the committee of management or other governing body and the secretary of each of the trade unions.

SCHEDULE 3.

TRADE UNION ACTS, 1871 to 1975.

Notice of Vote on Amalgamation/Transfer of Engagements*

The ...................................................... (here insert name of trade union) hereby gives notice of the holding of a vote on the proposed amalgamation with/transfer of engagements to *............................................................ ........................................... (here insert name of other trade union(s) concerned).

*Strike out whichever is inapplicable.

GIVEN under my Official Seal this 18th day of February, 1976.

JUSTIN KEATING,

Minister for Industry and

Commerce.

The Minister for Labour consents to the making of the foregoing Regulations.

GIVEN under my Official Seal this 20th day of February, 1976.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

The effect of these Regulations, which come into force on 21st February, 1976, is to make provision as to the manner in which trade unions are required to obtain the Registrar's approval to proposed instruments of amalgamation or transfer and proposed notices for the information of members in connection therewith; as to the content and registration of such instruments; and as to the approval of changes of name.