117 Special register bodies.E+W+S
(1)In this section a “special register body” means an organisation whose name appeared in the special register maintained under section 84 of the M1Industrial Relations Act 1971 immediately before 16 September 1974, and which is a company [F1registered under the Companies Act 2006] or is incorporated by charter or letters patent.
(2)The provisions of this Part apply to special register bodies as to other trade unions, subject to the following exceptions and adaptations.
(3)In Chapter II (status and property of trade unions)—
(a)in section 10 (quasi-corporate status of trade unions)—
(i)subsections (1) and (2) (prohibition on trade union being incorporated) do not apply, and
(ii)subsection (3) (prohibition on registration under certain Acts) does not apply so far as it relates to registration as a company under [F2the Companies Act 2006];
(b)section 11 (exclusion of common law rules as to restraint of trade) applies to the purposes or rules of a special register body only so far as they relate to the regulation of relations between employers or employers’ associations and workers;
(c)sections 12 to 14 (vesting of property in trustees; transfer of securities) do not apply; and
(d)in section 20 (liability of trade union in certain proceedings in tort) in subsection (7) the reference to the contract between a member and the other members shall be construed as a reference to the contract between a member and the body.
(4)Sections 33 to 35 (appointment and removal of auditors) do not apply to a special register body which is registered as a company under [F3the Companies Act 2006]; and sections 36 and 37 (rights and duties of auditors) apply to the auditors appointed by such a body under [F4Chapter 2 of Part 16 of that Act].
(5)[F5Sections 45B and 45C (disqualification) and Chapter IV (elections) apply only] to—
(a)the position of voting member of the executive, and
(b)any position by virtue of which a person is a voting member of the executive.
In this subsection “voting member of the executive” has the meaning given by section 46(5).
Textual Amendments
F1Words in s. 117(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 134(3)(a) (with art. 10)
F2Words in s. 117(3)(a)(ii) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 134(3)(b) (with art. 10)
F3Words in s. 117(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 134(3)(c)(i) (with art. 10)
F4Words in s. 117(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 134(3)(c)(ii) (with art. 10)
F5Words in s. 117(5) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.61; S.I. 1993/1908, art. 2(1), Sch. 1
Marginal Citations