Trades Unions Act 1889
26Withdrawal or cancellation of certificates of registration
Start here
Get a plain-English read of 26
Turn the raw legal text into a practical explanation grounded in Trades Unions Act 1889.
26 Withdrawal or cancellation of certificates of registration
[Section 26 Amended by 25 Geo. V No. 78 ]
(1) *[Section 26 Subsection (1) amended by No. 16 of 1985, s. 6 and Sched. 1 ]*No certificate of registration of a trade union shall be withdrawn or cancelled otherwise than by the Commissioner, and in the following cases only:
(a) At the request of the trade union, to be evidenced in such manner as the Commissioner shall direct;
(b) On proof to his satisfaction that a certificate of registration has been obtained by fraud or mistake, or that the registration of the trade union has become void as hereinbefore provided, or that such trade union has wilfully (and after notice from the Commissioner) violated any of the provisions of this Act, or has ceased to exist.
(2) *[Section 26 Subsection (2) amended by No. 16 of 1985, s. 6 and Sched. 1 ]*Not less than two months' previous notice in writing specifying briefly the ground of any proposed withdrawal or cancelling of certificate (unless the same is shown to have become void as aforesaid, in which case it shall be the duty of the Commissioner to cancel the same forthwith) shall be given by the Commissioner to the trade union before the certificate of registration of the same is withdrawn or cancelled, except at its request.
(3) A trade union whose certificate of registration has been withdrawn or cancelled shall, from the time of such withdrawal or cancelling, absolutely cease to enjoy as such the privileges of a registered trade union, but without prejudice to any liability actually incurred by such trade union, which may be enforced against the same as if such withdrawal or cancelling had not taken place.
(4) Notwithstanding such withdrawal or cancelling, all real and personal estate vested in trustees for the use and benefit of such trade union, and the members thereof, shall from the time of such withdrawal or cancelling be, and be deemed to be, held by the said trustees to the use and for the purposes specified in the rules of such trade union in that behalf made in accordance with this Act.