Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st September, 2018.

I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by section 13 of the Trade Union Act 1871 , as adapted by section 2 (as adapted by the Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 ( S.I. No. 364 of 2017 )) of the Registry of Friendly Societies Act, 1936 (No. 51 of 1936) and section 13 of the Trade Union Act 1975 (No. 4 of 1975), hereby make the following regulations:

1. These Regulations may be cited as the Trade Union (Forms) Regulations 2018.

2. In these Regulations:

“Act of 1871” and “the Act” means the Trade Union Act 1871 ;

“Registrar” means the Registrar of Friendly Societies.

3. The Regulations as to the Registration of Trade Unions dated 1st November 1876 are hereby revoked.

4. The Registrar shall not register a trade union under a name identical with that of any other existing trade union known to him or her, whether registered or not registered, or so nearly resembling such name as to be likely to deceive the members or the public.

5. Upon an application for the registration of a trade union which is already in operation, the Registrar, if he or she has reason to believe that the applicants have not been duly authorised by such trade union to make the same, may, for the purpose of ascertaining the fact, require from the applicants such evidence as may seem to him or her necessary.

6. Application for registry of a trade union shall be made in Form A subjoined to these Regulations and shall be accompanied by two printed copies of the rules, marked and signed, as mentioned in the said form.

7. The certificate of registry of a trade union shall be in the following format:

“CERTIFICATE OF REGISTRY OF TRADE UNION

It is hereby certified that the ______________ has been registered under the Trade Union Acts 1871 to 1990, this ______________ day of ______________ 20 ______________

Signature of Registrar”

8. An alteration of the rules of a trade union may be either:

(a) A partial alteration, consisting of the addition of a new rule or part of a rule or rules to the existing rules, or of the substitution of a new rule or part of a rule or rules for any of the existing rules, or of a rescission of any of the existing rules or any part thereof without any substitution or of more than one or all of those modes; or

(b) A complete alteration consisting of the substitution of an entire set of rules for the existing set of rules.

9. An application for the registration of a partial alteration of rules must be made by seven members of the trade union, and must be made in the Form C annexed hereto, and accompanied by the following documents:

(a) Two copies of the new rules as they have been altered following the proposed changes, each copy being marked O and signed by each of the applicants; and

(b) A statutory declaration in Form D.

The Registrar, before registering the partial alteration of rules, shall ascertain that the rules of the trade union, if altered in accordance with the proposed partial alteration, will provide for all the matters required by the Trade Union Acts 1871 to 1990 to be provided for by the rules of a registered trade union.

10. The certificate of registry of a partial alteration shall be in the following form, and shall be delivered to the applicants, attached to one of the copies of the new rules:

“CERTIFICATE OF REGISTRY OF PARTIAL ALTERATION OF RULES

______________ TRADE UNION REGISTER NO ______________

It is hereby certified that the set of rules, following a partial amendment, copy of whereof is appended hereto, has been registered under the Trade Union Acts 1871 to 1990, in substitution for the set of rules already registered, this ______________ day of ______________ 20______________

Signature of Registrar”

11. An application for the registration of a complete alteration of rules shall be made by seven members of the trade union, and shall be in Form F annexed hereto, and by two printed copies of the new rules, each copy being marked P and signed by each of the applicants; and the Registrar before registering the new set of rules shall ascertain that it provides for all matters which, by the Trade Union Acts 1871 to 1990 are to be provided for by the rules of a registered trade union.

12. The certificate of registry of a complete alteration of rules shall be in the following form, and shall be delivered to the applicants attached to one of the copies of the new set of rules:

“CERTIFICATE OF REGISTRY OF COMPLETE ALTERATION OF RULES

______________ TRADE UNION REGISTER NO ______________

It is hereby certified that the set of rules, copy of whereof is appended hereto, has been registered under the Trade Union Acts 1871 to 1990 in substitution for the set of rules already registered, this ______________ day of ______________ 20 ______________

Signature of Registrar”

Withdrawal or cancelling of certificate of registration

13. Every request by a trade union for withdrawal or cancelling of its certificate of registration shall be sent to the Registrar in Form J annexed hereto.

14. Notice before withdrawal or cancelling of certificate, where required, shall be in Form K annexed hereto.

15. The withdrawal or cancelling of certificate shall be in Form L annexed hereto.

Registered office

16. Notice of the situation of the registered office of a trade union, and of any change therein, shall be given to the Registrar in Form M annexed hereto.

Transfer of stock

17. Every application to the Registrar to direct a transfer of stock shall follow, as near as may be, Form P annexed hereto, and shall be accompanied by a statutory declaration in Form Q annexed hereto, or as near thereto as the facts admit, and by the certificate of the stock in respect of which the application is made.

18. The Registrar, before directing the transfer, may require further proof of any statement in the application.

19. The Registrar shall give a direction in Form R annexed hereto, so framed in each case as to suit the particular circumstances, and shall register the same and deliver the same to the applicants endorsed with the word “registered” or “cláraithe” and duly authenticated.

Dissolution

20. When a trade union is dissolved, notice of the dissolution shall be given to the Registrar in duplicate in Form S annexed hereto and the Registrar shall return one copy to the trade union, endorsed with the word “registered” or “cláraithe” and duly authenticated.

Nominations

21. Every registered trade union shall keep a record or register of all nominations made by the members, and of all revocations and variation of the same, and for the recording or registering of every such nomination, revocation, or variation the rules of the trade union may require the member nominating to pay a sum not exceeding €1.

Authentication of documents by Registrar

22. Every document under the Trade Union Acts 1871 to 1990, bearing the signature of the Registrar shall be deemed to be duly authenticated for the purposes of the said Acts and the regulations made thereunder.

GIVEN under my Official Seal,

13 September 2018.

HEATHER HUMPHREYS,

Minister for Business Enterprise and Innovation.

EXPLANATORY NOTE

(This is not a part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to prescribe the forms to be used for the purposes of certain provisions of the Trade Union Acts 1871 to 1990.