Industrial Relations Act 1990

Change of deposit consequent on change in number of members.

20

20. (1) Within one month after the 31st December each year a trade union which is the holder of a negotiation licence shall send to the Minister a statement of the number of its members on the 31 stDecember and, if it is necessary to increase or reduce a deposit under Part II of the Trade Union Act, 1941, as amended by section 2 of the Trade Union Act, 1971, by any amount in order to make it equal to the appropriate sum, such trade union shall, not later than four months after the 31st December, increase such deposit by such amount or apply for the return out of such deposit of such amount (as the case may require).

(2) Subsection (1) shall take effect on 1st January, 1991.

(3) The “appropriate sum” in subsection (1) shall be the appropriate sum under—

( a) section 7 (2) of the Trade Union Act, 1941, or

( b) section 2 (4) of the Trade Union Act, 1971, or

(c) section 21 (3) or section 21 (4) of this Act,

for the time being, as the case may be.

(4) If, in relation to any trade union required to send a statement under this section, there is a failure to send a statement or there is sent a wilfully false statement, such of the members and officers of the trade union as consent to or facilitate the failure to send a statement or the sending of the false statement and, in the case of a trade union registered under the Trade Union Acts, 1871 to 1975, the trade union itself shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £500.

(5) Save in pursuance of this section, a trade union shall not, on account of a change in the number of its members, change the amount of a deposit under Part II of the Trade Union Act, 1941, as amended by section 2 of the Trade Union Act, 1971.

(6) Sections 14 and 16 of the Trade Union Act, 1941, shall apply in relation to a deposit made with the High Court under this Act or under the Trade Union Act, 1971, as it applies to a deposit under the Trade Union Act, 1941.