ABSTRACT

This chapter deals with judicial and statutory regulation of trade union internal affairs. Where an organisation wishes to be entered on the list of trade unions in order to apply for state support, Section. 3 The Trade Union and Labour Relations (Consolidation) Act TULR(C)A 1992 outlines the procedure for an application to the Certification Officer. The legal status of a trade union is of some importance, since it is this status that determines the legal capacity of the organisation. Only listed unions can apply for a certificate of independence. As a trade union is not a distinct legal person it cannot hold property in its own name; as an unincorporated association (albeit with special powers) a trade union must hold property vested in trustees. Basic controls over union financial affairs and the disposition of union property were provided by the Trade Union Act 1871, mirroring the type of regulation provided by the Companies Acts of 1844–1862.