UK Act of Parliament 1992 Northern Ireland

Industrial Relations (Northern Ireland) Order 1992

Read the Act on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 2 of 38 obligations carry an unlimited fine. 1 carries different penalties and 35 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Employer20 Any Person6 Trader2

Plus 10 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts
TULRCA 1992 72 duties
Any Person — also bound by 2340 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTORY

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.001 Title and commencement (opens in a new tab)
s.002 Interpretation (opens in a new tab)
Part 2

DEFINITION, STATUS AND GENERAL REGULATION OF TRADE UNIONS AND EMPLOYERS' ASSOCIATIONS

11 of 21 sections shown
s.005 Lists of trade unions and employers' associations (opens in a new tab) Regulated
  • Apply for entry on the list of trade unions or employers' associationsEmployer
s.006 Certification as independent trade union (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Certification Officer must determine trade union independenceStatutory regulator
s.009 Remedy against trustees of trade union for unlawful use of property (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • High Court may remove trade union trustees for unlawful use of propertyTribunal / Court
s.010 Duty to keep accounting records (opens in a new tab) Regulated
  • Keep proper accounting records and financial controlsEmployer
s.011 Duties as to annual returns, auditors and members' superannuation schemes (opens in a new tab) Regulated
  • Submit annual returns and audit reports to the Certification OfficerEmployer
s.012 Returns, etc. , by trade unions and employers' associations outside Northern Ireland (opens in a new tab) Regulated
  • Submit financial returns and agent details for NI business activitiesEmployer
s.013 Offences (opens in a new tab) Prosecution
  • Fail to perform duties under Articles 10‑12 or Schedule 1Employer

Unlimited fine

s.art011 Statement to members following annual return Regulated
  • Provide financial statements to union members after annual returnTrader
s.art012 Inspectors' reports etc. Regulated
Other duties (1) — Crown / regulator
  • Certification Officer must publish and provide copies of investigation reportsStatutory regulator
s.art013 Penalties and prosecution time limits Imprisonment
  • Breach of industrial relations and trade union dutiesAny Person
s.art013 Remedies and enforcement Regulated
Other duties (1) — Crown / regulator
  • Certification Officer must determine trade union complaints within six monthsStatutory regulator
10 other sections in this Part — procedural and definitional
s.003 Definition and status of trade union (opens in a new tab)
s.004 Definition and status of employers' association (opens in a new tab)
s.007 Property of trade unions and unincorporated employers' associations (opens in a new tab)
s.008 Use of trade union funds for indemnifying unlawful conduct (opens in a new tab)
s.014 Application of existing statutory provisions (opens in a new tab)
s.articles 12a and 12b: supplementary Articles 12A and 12B: supplementary
s.duty to secure positions not held by certain offen Duty to secure positions not held by certain offenders
s.expenses of investigations Expenses of investigations
s.investigations by inspectors Investigations by inspectors
s.power of certification officer to require producti Power of Certification Officer to require production of documents etc.
Part 3

RESTRICTIONS ON LEGAL LIABILITY AND LEGAL PROCEEDINGS

1 of 9 sections shown
s.repudiation by union of certain acts Repudiation by union of certain acts Regulated
  • Trade unions must properly repudiate unofficial industrial action in writingAny Person
8 other sections in this Part — procedural and definitional
s.021 Liability of trade union in certain proceedings in tort (opens in a new tab)
s.022 Limit on damages awarded against trade unions in actions in tort (opens in a new tab)
s.023 Recovery of sums awarded in proceedings involving trade unions and employers' associations (opens in a new tab)
s.026 Enforceability of collective agreements (opens in a new tab)
s.027 Prohibition on union membership requirements (opens in a new tab)
s.028 Prohibition on union recognition requirements (opens in a new tab)
s.paragraph/p2 Arts. 15‐20 rep. by 1995 NI 12
s.paragraph/p5 Arts. 24, 25 rep. by 1995 NI 12
Part 4

RIGHTS OF TRADE UNION MEMBERS

1 of 3 sections shown
s.037 Right to inspect union's accounting records (opens in a new tab) Regulated
  • Allow union members to inspect and copy accounting recordsTrader
2 other sections in this Part — procedural and definitional
s.paragraph/p6 Arts 29‐36 rep. by 1995 NI 12
s.paragraph/p7 Art. 38 rep. by 1995 NI 12
Part 5

DISCLOSURE OF INFORMATION

5 of 5 sections shown
s.039 General duty of employers to disclose information (opens in a new tab) Regulated
  • Disclose information to recognised trade unions for collective bargainingEmployer
s.040 Restrictions on general duty under Article 39 (opens in a new tab) Regulated
  • Adhere to restrictions on disclosing information to trade unionsEmployer
s.041 Complaint of failure to disclose information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Industrial Court must adjudicate trade union disclosure complaintsTribunal / Court
s.042 Further complaint arising from failure to disclose information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Industrial Court must determine further complaints on non-disclosureTribunal / Court
s.043 Determination of claim and award (opens in a new tab) Regulated
  • Observe terms and conditions set by Industrial Court awardEmployer
Part 9

THE CERTIFICATION OFFICER AND THE COMMISSIONER FOR THE RIGHTS OF TRADE UNION MEMBERS

1 of 6 sections shown
s.069 The Certification Officer for Northern Ireland (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Certification Officer must maintain and publish trade union documentsStatutory regulator
5 other sections in this Part — procedural and definitional
s.070 Procedure before, and appeals from, Certification Officer (opens in a new tab)
s.paragraph/p12 Arts. 71—73 rep. by 1995 NI 12
s.striking out Striking Out
s.vexatious litigants Vexatious litigants
s.vexatious litigants: applications disregarded Vexatious litigants: applications disregarded
Part 11

MACHINERY FOR PROMOTING IMPROVEMENT OF INDUSTRIAL RELATIONS

4 of 23 sections shown
s.083 General function of the Agency (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Labour Relations Agency must promote improvement of industrial relationsStatutory regulator
s.094 Procedure of court of inquiry (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Northern Ireland Department must set rules for courts of inquiryCrown / Minister / Government department
s.art084 Arbitration scheme for unfair dismissal cases etc. Regulated
Other duties (1) — Crown / regulator
  • Labour Relations Agency may set up arbitration for unfair dismissal disputesStatutory regulator
s.art090 Prohibition on disclosure of information Prosecution
  • Disclose prohibited agency informationAny Person

Unlimited fine

19 other sections in this Part — procedural and definitional
s.082 Constitution of the Labour Relations Agency (opens in a new tab)
s.084 Functions of the Agency in relation to trade disputes (opens in a new tab)
s.085 Notification of procedural agreements (opens in a new tab)
s.086 Review of collective bargaining arrangements (opens in a new tab)
s.087 Industrial relations training (opens in a new tab)
s.088 Industrial relations research (opens in a new tab)
s.089 Advice (opens in a new tab)
s.090 Codes of Practice (opens in a new tab)
s.091 The Industrial Court (opens in a new tab)
s.092 Proceedings of the Court (opens in a new tab)
s.093 Court of inquiry into trade dispute (opens in a new tab)
s.095 Issue by Department of Codes of Practice (opens in a new tab)
s.096 Meaning of “trade dispute” in Part XI (opens in a new tab)
s.dismissal procedures agreements Dismissal procedures agreements
s.effect of failure to comply with code: adjustment Effect of failure to comply with Code: adjustment of awards
s.fees for exercise of functions by the agency Fees for exercise of functions by the Agency
s.information required by the agency for purposes of Information required by the Agency for purposes of settling recognition disputes
s.proceedings of the court under schedule 1a to the Proceedings of the Court under Schedule 1A to the Trade Union and Labour Relations Order
s.the members of the court The members of the Court
Part 12

MISCELLANEOUS AND SUPPLEMENTARY

0 of 12 sections shown
12 other sections in this Part — procedural and definitional
s.104 Nominations by members of trade union (opens in a new tab)
s.105 Crown employees and contracts, etc. (opens in a new tab)
s.107 Orders and regulations (opens in a new tab)
s.paragraph/p15 Art. 97 rep. by 1993 NI 11
s.paragraph/p16 Arts. 98, 99 rep. by 1996 NI 16
s.paragraph/p17 Art. 100 rep. by 1996 NI 18
s.paragraph/p18 Art. 101 rep. by 1995 NI 12
s.paragraph/p19 Art. 102 rep. with saving by 1995 NI 12
s.paragraph/p20 Art. 103 rep. by 1995 NI 12
s.paragraph/p26 Art. 106 rep. by 1998 NI 21
s.paragraph/p27 Art. 108 rep. by 1996 NI 16
s.restrictions on contracting out Restrictions on contracting out
Schedules

Schedules

15 of 58 shown
s.sch001 (1) Subject to paragraph 5, the annual return of a trade union or an employers'... Regulated
  • Send annual return to Certification Officer by 1st JuneEmployer
s.sch001 The rules of every trade union and every employers' association shall contain provision for the... Regulated
  • Include rules for appointing and removing auditorsEmployer
s.sch001 The auditor or auditors of a trade union or an employers' association shall make a... Regulated
  • Auditor must make a report on audited accountsEmployer
s.sch001 (1) The report shall state the names of, and be signed by, the auditor or... Regulated
  • Your auditor must name and sign the audit reportAny Person
s.sch001 Every annual return shall contain— (a) revenue accounts indicating the income and expenditure of the... Regulated
  • File annual return with required financial documents and rule changesEmployer
s.sch001 It shall be the duty of the auditor or auditors, in preparing a report under... Regulated
  • Auditor must check union's accounting records, controls and accountsAny Person
s.sch001 If an auditor fails to obtain all the information and explanations which, to the best... Regulated
  • Auditor must report if they cannot get all needed informationAny Person
s.sch001 Subject to paragraphs 29 to 31, every trade union and every employers' association which at... Regulated
  • Arrange actuarial examination of members' superannuation scheme within 2 yearsEmployer
s.sch001 The report made by the actuary on the results of this examination of any such... Regulated
  • Ensure actuary's report includes statements on scheme adequacyEmployer
s.sch001 A copy of any report made by an actuary under paragraph 23 signed by the... Regulated
  • Send actuary's report to the Certification Officer within one yearEmployer
s.sch001 Subject to paragraphs 30 and 31, no trade union or employers' association shall after the... Regulated
  • Get actuarial sign-off before starting members' superannuation schemeEmployer
s.sch001 (1) Subject to paragraph 34, where a trade union or employers' association for the time... Regulated
  • Arrange regular actuarial examination of members' superannuation schemeEmployer
s.sch001 After the appointed day no trade union or employers' association shall maintain a members' superannuation... Regulated
  • Maintain a separate fund for new members' superannuation schemesEmployer
s.sch001 After the end of the period of five years beginning with the date on which... Regulated
  • Maintain separate fund for members' superannuation schemes after 5-year transitionEmployer
s.sch001 Every return, in addition to containing the accounts mentioned in paragraph 2 shall contain a... Regulated
  • Include auditor's report and additional documents in annual returnEmployer
43 other schedules
s.001 ADMINISTRATIVE PROVISIONS RELATING TO TRADE UNIONS AND EMPLOYERS' ASSOCIATIONS (opens in a new tab)
s.004 THE LABOUR RELATIONS AGENCY (opens in a new tab)
s.sch001 (1) None of the following persons shall act as auditor of a trade union or...
s.sch001 Notwithstanding anything in the rules of a trade union or employers' association, its auditor or...
s.sch001 (1) Notwithstanding anything in the rules of a trade union or employers' association, a qualified...
s.sch001 Regulations may make provision as to the procedure to be followed when it is intended...
s.sch001 (1) Where any regulations made under paragraph 14 require copies of any representations made by...
s.sch001 Every auditor of a trade union or an employers' association— (a) shall have a right...
s.sch001 (1) Every auditor of a trade union or an employers' association shall be entitled— (a)...
s.sch001 The report shall state whether, in the opinion of the auditor or auditors, those accounts...
s.sch001 In this Part “accounting period”, in relation to a trade union or an employers' association,...
s.sch001 Where a members' superannuation scheme to which paragraph 23 applies includes provision for the maintenance...
s.sch001 A copy of any report made to a trade union or employers' association under paragraph...
s.sch001 Where on the application of a trade union or employers' association the Certification Officer is...
s.sch001 Every revenue account, every balance sheet and every other account contained in a return in...
s.sch001 The Certification Officer, on the application of a trade union or employers' association, may exempt...
s.sch001 The Certification Officer may at any time revoke any exemption granted under paragraph 30 if...
s.sch001 The provisions of paragraphs 24 to 26 and paragraph 28 shall have effect in relation...
s.sch001 The Certification Officer, on the application of a trade union or employers' association, may exempt...
s.sch001 The Certification Officer may at any time revoke any exemption granted under paragraph 34 if...
s.sch001 In this Part— (a) “members' superannuation scheme” means any scheme or arrangement made by or...
s.sch001 (1) Every annual return of a trade union shall contain— (a) details of the salary...
s.sch001 The Certification Officer, if in any particular case he considers it appropriate to do so,—...
s.sch001 Subject to paragraph 9, a person shall not be qualified to be the auditor or...
s.sch001 (1) Two or more persons who are not qualified under paragraph 6 may act as...
s.sch004 The Agency shall be a body corporate to which section 19 of the Interpretation Act...
s.sch004 The fixing of the common seal of the Agency shall be authenticated by the signature...
s.sch004 Any contract or instrument which, if entered into or executed by an individual, would not...
s.sch004 The number of persons employed by the Agency and the terms and conditions of employment...
s.sch004 The Agency may, in the case of such persons employed by it as may be...
s.sch004 For the purpose of enabling the Agency to carry out its functions, the Department shall...
s.sch004 (1) The Agency shall— (a) keep proper accounts and proper records in relation to the...
s.sch004 (1) The Agency shall, as soon as possible within a period of three months after...
s.sch004 (1) The Agency shall consist of the following persons appointed by the Minister— (a) a...
s.sch004 (1) A member of the Agency shall hold and vacate his office in accordance with...
s.sch004 The Head of the Department may, by notice in writing addressed to a member, terminate...
s.sch004 The proceedings of the Agency shall not be invalidated by any vacancy in the membership...
s.sch004 The Agency shall not be regarded as the servant or agent of the Crown or...
s.sch004 The Agency may pay, or make such payments towards the provision of, such remuneration, allowances...
s.sch004 In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 the...
s.sch004 (1) The Agency may appoint a panel of persons, who are not members of the...
s.sch004a TRIBUNAL JURISDICTIONS TO WHICH ARTICLE 90AA APPLIES
s.sch004a Section 2 of the Equal Pay Act (Northern Ireland) 1970 (c. 32) (equality clauses) Article...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.