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TRADE UNION ACT 1871

TRADE UNION ACT 1871 - LONG TITLE

An Act to amend the Law relating to Trade Unions.
[29th June 1871]
Preliminary

TRADE UNION ACT 1871 - SECT 1

1. This Act may be cited as "The Trade Union Act, 1871."

Trade union not criminal.

TRADE UNION ACT 1871 - SECT 2

2. The purposes of any trade union shall not, by reason merely
that they are in restraint of trade, be deemed to be unlawful so
as to render any member of such trade union liable to criminal
prosecution for conspiracy or otherwise.

TRADE UNION ACT 1871 - SECT 3
Trade union not unlawful for civil purposes.

3. The purposes of any trade union shall not, by reason merely
that they are in restraint of trade, be unlawful so as to render
void or voidable any agreement or trust.

TRADE UNION ACT 1871 - SECT 4
Trade union contracts, when not enforceable.

4. Nothing in this Act shall enable any court to entertain any
legal proceeding instituted with the object of directly enforcing or
recovering damages for the breach of any of the following
agreements, namely,

(1)Any agreement between members of a trade union as such,
concerning the conditions on which any members for the time being
of such trade union shall or shall not sell their goods, transact
business, employ, or be employed:

(2)Any agreement for the payment by any person of any subscription
or penalty to a trade union:

(3)Any agreement for the application of the funds of a trade union

(a)To provide benefits to members; or

(b)To furnish contributions to any employer or workman not a member
of such trade union, in consideration of such employer or workman
acting in conformity with the rules or resolutions of such trade
union; or

<(c)To discharge any fine imposed upon any person by sentence of a court of justice; or

(4)Any agreement [(other than a collective agreement within the
meaning of Article 2(2) of the Industrial Relations (Northern
Ireland) Order 1976)] made between one trade union and another; or

(5)Any bond to secure the performance of any of the above-mentioned
agreements.

Provisions of certain Acts not to apply to trade unions.

TRADE UNION ACT 1871 - SECT 5

5. The following Acts, that is to say,

(1)The Friendly Societies Acts, 1855 and 1858, and the Acts amending
the same;

(2)The Industrial and Provident Societies Act, 1867, and any Act
amending the same; and

(3)The Companies Acts, 1862 and 1867,

Registry of trade unions.

TRADE UNION ACT 1871 - SECT 6

6. Any seven or more members of a trade union may by subscribing
their names to the rules of the union, and otherwise complying with
the provisions of this Act with respect to registry, register such
trade union under this Act, provided that if any one of the
purposes of such trade union be unlawful such registration shall be
void.

TRADE UNION ACT 1871 - SECT 7
Buildings for trade unions may be purchased or leased.

7. It shall be lawful for any trade union registered under this
Act to purchase or take upon lease in the names of the trustees
for the time being of such union any land not exceeding one acre,
and to sell, exchange, mortgage, or let the same, and no purchaser,
assignee, mortgagee, or tenant shall be bound to inquire whether the
trustees have authority for any sale, exchange, mortgage, or letting,
and the receipt of the trustees shall be a discharge for the money
arising therefrom; and for the purpose of this section every branch
of a trade union shall be considered a distinct union.

TRADE UNION ACT 1871 - SECT 8
Property of the trade unions vested in trustees.

8. All real and personal estate whatsoever belonging to any trade
union registered under this Act shall be vested in the trustees for
the time being of the trade union appointed as provided by this
Act, for the use and benefit of such trade union and the members
thereof, and the real or personal estate of any branch of a trade
union shall be vested in the trustees of such branch, [or of the
trustees of the trade union, if the rules of the trade union so
provide] and be under the control of such trustees, their respective
executors or administrators, according to their respective claims and
interests, and upon the death or removal of any such trustees the
same shall vest in the succeeding trustees for the same estate and
interest as the former trustees had therein, and subject to the
same trusts, without any conveyance or assignment whatsoever, save
and except in the case of stocks and securities in the public
funds of Great Britain and Ireland, which shall be transferred into
the names of such new trustees; and in all actions, or suits, or
indictments, or summary proceedings before any court of summary
jurisdiction, touching or concerning any such property, the same
shall be stated to be the property of the person or persons for
the time being holding the said office of trustee, in their proper
names, as trustees of such trade union, without any further
description.

TRADE UNION ACT 1871 - SECT 9
Actions, &c., by or against trustees, &c.

9. The trustees of any trade union registered under this Act or
any other officer of such trade union who may be authorized so to
do by the rules thereof, are hereby empowered to bring or defend,
or cause to be brought or defended, any action, suit, prosecution,
or complaint in any court of law or equity, touching or concerning
the property, right, or claim to property of the trade union; and
shall and may, in all cases concerning the real or personal
property of such trade union, sue and be sued, plead and be
impleaded, in any court of law or equity, in their proper names,
without other description than the title of their office; and no
such action, suit, prosecution, or complaint shall be discontinued or
shall abate by the death or removal from office of such persons or
any of them, but the same shall and may be proceeded in by their
successor or successors as if such death, resignation, or removal
had not taken place; and such successors shall pay or receive the
like costs as if the action, suit, prosecution, or complaint had
been commenced in their names for the benefit of or to be
reimbursed from the funds of such trade union, and the summons to
be issued to such trustee or other officer may be served by
leaving the same at the registered office of the trade union.

TRADE UNION ACT 1871 - SECT 10
Limitation of responsibility of trustees.

10. A trustee of any trade union registered under this Act shall
not be liable to make good any deficiency which may arise or
happen in the funds of such trade union, but shall be liable only
for the moneys which shall be actually received by him on account
of such trade union.

TRADE UNION ACT 1871 - SECT 11
Treasurers, &c. to account.

11. Every treasurer or other officer of a trade union registered
under this Act, at such times as by the rules of such trade union
he should render such account as herein-after mentioned, or upon
being required so to do, shall render to the trustees of the trade
union, or to the members of such trade union, at a meeting of the
trade union, a just and true account of all moneys received and
paid by him since he last rendered the like account, and of the
balance then remaining in his hands, and of all bonds or securities
of such trade union, which account the said trustees shall cause to
be audited by some fit and proper person or persons by them to be
appointed; and such treasurer, if thereunto required, upon the said
account being audited, shall forthwith hand over to the said
trustees the balance which on such audit appears to be due from
him, and shall also, if required, hand over to such trustees all
securities and effects, books, papers, and property of the said
trade union in his hands or custody; and if he fail to do so the
trustees of the said trade union may sue such treasurer in any
competent court for the balance appearing to have been due from him
upon the account last rendered by him, and for all the moneys
since received by him on account of the said trade union, and for
the securities and effects, books, papers, and property in his hands
or custody, leaving him to set off in such action the sums, if
any, which he may have since paid on account of the said trade
union; and in such action the said trustees shall be entitled to
recover their full costs of suit, to be taxed as between attorney
and client.

TRADE UNION ACT 1871 - SECT 12
Punishment for withholding money, &c.

12. If any officer, member, or other person being or representing
himself to be a member of a trade union registered under this Act,
or the nominee, executor, administrator, or assignee of a member
thereof, or any person whatsoever, by false representation or
imposition obtain possession of any moneys, securities, books, papers,
or other effects of such trade union, or, having the same in his
possession, wilfully withhold or fraudulently misapply the same, or
wilfully apply any part of the same to purposes other than those
expressed or directed in the rules of such trade union, or any
part thereof, the court of summary jurisdiction for the place in
which the registered office of the trade union is situate, upon a
complaint made by any person on behalf of such trade union, or by
the registrar, ... or of the trade union, with his concurrence,
may, by summary order, order such officer, member, or other person
to deliver up all such moneys, securities, books, papers, or other
effects to the trade union, or to repay the amount of money
applied improperly, and to pay, if the court think fit, a further
sum of money not exceeding twenty pounds, together with costs not
exceeding [#1]; and, in default of such delivery of effects, or
repayment of such amount of money, or payment of such penalty and
costs aforesaid, the said court may order the said person so
convicted to be imprisoned, ... for any time not exceeding three
months: Provided, that nothing herein contained shall prevent the
said trade union ... from proceeding by indictment against the said
party; provided also, that no person shall be proceeded against by
indictment if a conviction shall have been previously obtained for
the same offence under the provisions of this Act.

Regulations for registry.

TRADE UNION ACT 1871 - SECT 13

13. With respect to the registry, under this Act, of a trade
union, and of the rules thereof, the following provisions shall have
effect:

(1)An application to register the trade union and printed copies of
the rules, together with a list of the titles and names of the
officers, shall be sent to the registrar under this Act:

(2)The registrar, upon being satisfied that the trade union has
complied with the regulations respecting registry in force under this
Act, shall register such trade union and such rules:

(3) No trade union shall be registered under a name identical with
that by which any other existing trade union has been registered,
or so nearly resembling such name as to be likely to deceive the
members or the public:

(4)Where a trade union applying to be registered has been in
operation for more than a year before the date of such application,
there shall be delivered to the registrar before the registry
thereof a general statement of the receipts, funds, effects, and
expenditure of such trade union in the same form, and showing the
same particulars as if it were the annual general statement required
as herein-after mentioned to be transmitted annually to the
registrar:

(5)The registrar upon registering such trade union shall issue a
certificate of registry, which certificate, unless proved to have
been withdrawn or cancelled, shall be conclusive evidence that the
regulations of this Act with respect to registry have been complied
with:

(6) One of Her Majesty's Principal Secretaries of State may from
time to time make regulations respecting registry under this Act,
and respecting the seal (if any) to be used for the purpose of
such registry, and the forms to be used for such registry, and the
inspection of documents kept by the registrar under this Act, and
respecting the fees, if any, to be paid on registry not exceeding
the fees specified in the second schedule to this Act, and
generally for carrying this Act into effect.

TRADE UNION ACT 1871 - SECT 14
Rules of registered trade unions.

14. With respect to the rules of a trade union registered under
this Act, the following provisions shall have effect:

(1)The rules of every such trade union shall contain provisions in
respect of the several matters mentioned in the first schedule to
this Act:

(2)A copy of the rules shall be delivered by the trade union to
every person on demand on payment of a sum not exceeding [5p].

TRADE UNION ACT 1871 - SECT 15
Registered office of trade unions.

15. Every trade union registered under this Act shall have a
registered office to which all communications and notices may be
addressed; if any trade union under this Act is in operation for
seven days without having such an office, such trade union and
every officer thereof shall each incur a penalty not exceeding five
pounds for every day during which it is so in operation.

Notice of the situation of such registered office, and of any
change therein, shall be given to the registrar and recorded by
him; until such notice is given the trade union shall not be
deemed to have complied with the provisions of this Act.

TRADE UNION ACT 1871 - SECT 16
Annual returns to be prepared as registrar may direct.

16. A general statement of the receipts, funds, effects, and
expenditure of every trade union registered under this Act shall be
transmitted to the registrar before the first day of June in every
year, and shall show fully the assets and liabilities at the date,
and the receipts and expenditure during the year preceding the date
to which it is made out, of the trade union; and shall show
separately the expenditure in respect of the several objects of the
trade union, and shall be prepared and made out up to such date,
in such form, and shall comprise such particulars, as the registrar
may from time to time require; and every member of, and depositor
in, any such trade union shall be entitled to receive, on
application to the treasurer or secretary of that trade union, a
copy of such general statement, without making any payment for the
same.

Together with such general statement there shall be sent to the
registrar a copy of all alterations of rules and new rules and
changes of officers made by the trade union during the year
preceding the date to which the general statement is made out, and
a copy of the rules of the trade union as they exist at that
date.

Every trade union which fails to comply with or acts in
contravention of this section, and also every officer of the trade
union so failing, shall each be liable to a penalty not exceeding
five pounds for each offence.

Every person who wilfully makes or orders to be made any false
entry in or any omission from any such general statement, or in or
from the return of such copies of rules or alterations of rules,
shall be liable to a penalty not exceeding fifty pounds for each
offence.

TRADE UNION ACT 1871 - SECT 17
Registrars.

17. The registrars of the friendly societies in England, Scotland,
and Ireland shall be the registrars under this Act.

The registrars shall lay before Parliament annual reports with
respect to the matters transacted by such registrars in pursuance of
this Act.

TRADE UNION ACT 1871 - SECT 18
Circulating false copies of rules, &c. a misdemeanor.

18. If any person with intent to mislead or defraud gives to any
member of a trade union registered under this Act, or to any
person intending or applying to become a member of such trade
union, a copy of any rules or of any alterations or amendments of
the same other than those respectively which exist for the time
being, on the pretence that the same are the existing rules of
such trade union, or that there are no other rules of such trade
union, or if any person with the intent aforesaid gives a copy of
any rules to any person on the pretence that such rules are the
rules of a trade union registered under this Act which is not so
registered, every person so offending shall be deemed guilty of a
misdemeanor.

Summary proceedings for offences, penalties, &c.

TRADE UNION ACT 1871 - SECT 19

19. In ... Ireland all offences and penalties under this Act may
be prosecuted and recovered in manner directed by the Summary
Jurisdiction Acts.

In ... Ireland summary orders under this Act may be made and
enforced on complaint before a court of summary jurisdiction in
manner provided by the Summary Jurisdiction Acts.

Proviso. rep. by 1962 c.30 s.30(2)(d) sch.4 Pt.IV

Provided that in ... Ireland

<2.The description of any offence under this Act in the words of such Act shall be sufficient in law.

<3.Any exception, exemption, proviso, excuse, or qualification, whether it does or not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information, and if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required on the part of the informant or prosecutor.

S.20 rep. by SLR (NI) 1954. S.22 rep. by 1964 c.21 (NI) s.172
sch.7

Definitions.

TRADE UNION ACT 1871 - SECT 23

23. In this Act

Definition rep. by SLR 1893 (No.2)

Definition of "trade union" except the following proviso rep. and
replaced by s.16 of 1876 c.22

Provided that this Act shall not affect

(1)Any agreement between partners as to their own business;

(2)Any agreement between an employer and those employed by him as
to such employment;

(3)Any agreement in consideration of the sale of the goodwill of a
business or of instruction in any profession, trade, or handicraft.

S.24 rep. by SLR 1883

1. The name of the trade union and place of meeting for the
business of the trade union.

2. The whole of the objects for which the trade union is to be
established, the purposes for which the funds thereof shall be
applicable, and the conditions under which any member may become
entitled to any benefit assured thereby, and the fines and
forfeitures to be imposed on any member of such trade union.

3. The manner of making, altering, amending, and rescinding rules.

4. A provision for the appointment and removal of a general
committee of management, of a trustee or trustees, treasurer, and
other officers.

5. A provision for the investment of the funds, and for an annual
or periodical audit of accounts.

6. The inspection of the books and names of members of the trade
union by every person having an interest in the funds of the trade
union.






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