Trade Union Regulations 1965

Citation

1 These Regulations may be cited as the Trade Union Regulations 1965.

Interpretation

2 In these Regulations, unless the context otherwise requires—

(a) "the Act" means the Trade Union Act 1965 [title 18 item 2];

(b) "the Registrar" means the Registrar-General;

(d) "seal" means the seal of the Registrar-General.

Application for registration

3 (1) Application for registration of a trade union shall be made in Form A in the First Schedule and shall be accompanied by two printed or typewritten copies of the rules, marked and signed, as mentioned in that form.

(2) The certificate of registration shall be in Form B in the First Schedule.

Evidence of authorization of applicants

4 Upon an application for the registration of a trade union which is already in operation, the Registrar, if he has reason to believe that the applicants have not been duly authorized by the trade union to make the same, may for the purpose of ascertaining the fact, require from the ap plicants such evidence as may seem to him necessary.

Partial alteration of rules

5 (1) An application for the registration of a partial alteration of rules shall be made by an officer and seven members of the trade union and shall be made in Form C in the First Schedule, and shall be accom panied by a printed copy of the existing rules, and by the following doc uments—

(a) if the alteration consists of the addition or substitution of a new rule or part of a new rule or rules, two copies of such rule or part of a rule or rules, each copy being marked X and signed by each of the applicants;

(b) if the alteration consists of the rescission of any of the rules without any substitution, two copies of the resolu tion for such rescission, each copy being marked X and signed by each of the applicants.

(2) The certificate of registration of a partial alteration of rules shall be in Form D in the First Schedule and shall be delivered to the applicants, attached to one of the copies of the new rule or rules, or when the alteration consists of rescission merely, attached to the old set of rules.

Complete alteration of rules

6 (1) An application for the registration of a complete alteration of rules shall be made by seven members of the trade union, and shall be in Form E in the First Schedule and shall be accompanied by a printed copy of the existing rules and by two printed or typewritten copies of the new rules, each copy being marked Y and signed by each of the appli cants.

(2) The certificate of registration of a complete alteration of rules shall be in Form F in the First Schedule and shall be delivered to the applicants attached to one of the copies of the new set of rules.

Certificate of registration; withdrawal or cancellation

7 (1) Every request by a trade union for the withdrawal or can cellation of its certificate of registration shall be in Form G in the First Schedule.

(2) Notice before withdrawal or cancellation of a certificate of registration, where required by the Act, shall be in Form G in the First Schedule.

(3) The withdrawal or cancellation of a certificate of registration shall be in Form 1 in the First Schedule.

Change of registered office

8 (1) Notice of any change of the registered office of a trade union shall be given to the Registrar in Form J in the First Schedule.

(2) The Registrar shall deliver to the trade union the receipt attached to such Form duly authenticated.

Change of name

9 (1) The application for approval, and notice of any change of name of a trade union shall be made by seven members of the trade union and shall be in Form K in the First Schedule, countersigned by the secretary of the trade union, and shall be sent in duplicate accompanied by a certificate of the Secretary made in Form L in the First Schedule.

(2) If the change of name is approved, the Registrar shall reg ister the new name and deliver one copy of the notice to the applicants endorsed with the words "approved and registered" and duly authenti cated.

Dissolution

10 (1) When a trade union is dissolved, notice of the dissolution shall be given to the Registrar in duplicate by the secretary and seven members of the trade union and shall be made in Form M in the First Schedule.

(2) The Registrar shall return one copy of the notice to the trade union endorsed with the word "registered" and duly authenticated.

Amalgamation

11 (1) Where two or more trade unions become amalgamated to gether, notice shall be given to the Registrar in duplicate by the secretary and seven members of each or every trade union which is a party to the amalgamation, and shall be given in duplicate in Form N in the First Schedule and shall be accompanied by certificates of each secretary made in Form O in the First Schedule, and by a printed or typewritten copy of the rules of the amalgamated trade union.

(2) The Registrar shall return to the amalgamated trade union one copy of the notice endorsed with the word "registered" and duly au thenticated.

Annual statement

12 (1) The annual general audited statement required to be made under the Act shall be submitted to the Registrar in duplicate and shall be accompanied by the auditor's report, if any, together with a copy of the printed statement of accounts.

(2) If approved, the Registrar shall return one copy of the statement to the trade union endorsed with the word "approved" and duly authenticated.

Signature or seal of Registrar

13 Every document under the Act or these Regulations, bearing the signature or seal of the Registrar, shall be deemed to be duly authenti cated for the purposes of the Act and these Regulations.

Registration of documents

14 The Registrar shall retain the original or one copy of every doc ument submitted to him or delivered by him under these Regulations, and shall record and register all such as are in proper form and in con formity with the Act and these Regulations.

Inspection of documents

15 All documents or copies of documents kept by the Registrar un der these Regulations may be inspected by any person on payment of the appropriate fee.

Fees

16 The fees set out in the Second Schedule shall be payable in ad vance to the Registrar.

SCHEDULES

FIRST SCHEDULE

Forms

FORM A

Application for Registration of Trade Union

(1) This application is made by seven members of the trade union whose names are subscribed at the foot hereof.

(2) The name under which it is proposed that the Trade Union on behalf of which this application is made shall be registered is (*) [blank] as set forth in Rule No. [blank]

To the best of our belief there is no other existing Trade Union, whether registered or not registered, the name of which is identical with the pro posed name or so nearly resembles the same as to be likely to deceive the members of the public.

(3) The place of meeting for the business of the (*) [blank] and the office to which all communications and notices may be addressed, is at [blank] as set forth in Rule No. [blank]

(4) The * [blank] was established on the [blank] day of [blank] 19[blank].

(5) The whole of the purposes for which the * [blank] is established and the purpose for which the funds thereof are applicable are set forth in Rule No. [blank].

(6) The subscriptions and contributions to be paid by members and the form of receipt therefor are set forth in Rule No. [blank].

(7) The conditions under which members may become entitled to benefits assured are set forth in Rule No. [blank].

(8) The fines and forfeitures to be imposed on members are set forth in Rule No. [blank].

(9) The manner of making altering amending and rescinding rules is set forth in Rule No. [blank].

(10) The provisions for the appointment and removal of a general committee of management, of trustees, treasurer, secretary and other of ficers, is set forth in Rule No. [blank].

(11) The provision for the inspection of the books and names of the members by every person having an interest in the funds is set forth in Rule No. [blank].

(12) The provision for the investment of funds and for the periodical audit of accounts is set forth in Rule No. [blank].

(13) The provision for the manner of dissolving the Trade Union is set forth in Rule No. [blank].

(14) The provisions for taking strike/lock-out action are set out in Rule No. [blank].

(15) Accompanying this application are sent—

(i) the printed/typewritten copies of the rules, each marked A and signed by the persons making this application.

(ii) a list, marked B, of the titles and names of the officers.

(iii) a general statement**, marked C, showing the receipts, funds, effects and expenditures of the Trade Union, and giving the same form as set out in Form R in the Trade Union Regulations, 1946, and made out to the . . . . . . . . [blank] day of [blank] 19 [blank].

(16) We have been duly authorized by the Trade Union* to make this application on its behalf, such authorization consisting of [blank].

Signed

1 ................................

2 ................................

3 ................................

4 ................................ Members.

5 ................................

6 ................................

7 ................................

[blank] day of [blank] 19 [blank].

To the Registrar-General,

Hamilton, Bermuda.

*Name of Trade Union.

**This will only be necessary where the Trade Union has been in opera tion before the date of the application.

FORM B

Certificate of Registration of Trade Union

It is hereby certified that the [blank] (name of trade union) has been reg istered under the Trade Union Act 1965, this [blank] day of [blank] 19 [blank].

[blank]
(Seal and Signature of Registrar)

FORM C

Application for Registration of Partial Alteration of Rules

* [blank]

1 This application for the registration of a partial alteration of the rules of the * [blank]., is made by an officer and the seven persons whose names are subscribed at the foot hereof.

With this application are sent—

(i) ** printed copy of the registered rules marked to show where and in what way they are altered;

(ii) ** two printed/typewritten copies of the alteration, each marked X, and signed by each of the applicants;

(iii) ** two copies of the resolution for rescission each marked X, and signed by each of the applicants.

2 We have been duly authorized by the * [blank] to make this ap plication on its behalf, such authorization consisting of a resolution passed at a general meeting on the [blank] day of [blank] 19 [blank]***.

3 We certify that, in making the alteration of rules now submitted for registration, the rules of the* [blank] were duly complied with.

Signed

1 ..........................

2 ..........................

3 ..........................

4 .......................... Members.

5 ..........................

6 ..........................

7 ..........................

[blank] day of [blank] 19 [blank]

To the Registrar-General,

Hamilton, Bermuda.

*Name of Trade Union.

**Delete as applicable.

***Here insert the date, or if there was no such resolution, state in what other way the authorization was given.

FORM D

Certificate of Registration of Partial Alteration of Rules.

It is hereby certified that the annexed partial alteration of rules of the
[blank] (name of trade union) has been registered under the Trade Union Act 1965, this [blank] day of [blank] 19 [blank].

[blank]
(Seal and Signature of Registrar)

FORM E

Application for Registration of Complete Alteration of Rules

* [blank]

(1) This application for the registration of a complete alteration of the registered rules of the * [blank] is made by an officer and the seven persons whose names are subscribed at the foot hereof.

(2) The complete alteration submitted for registration is the substi tution of the set of rules, two printed/typewritten copies of which (each copy marked Y and signed by the applicants) accompany this applica tion, for the set of rules already registered a printed copy of which ac companies this application.

(3) The name of the Trade Union on behalf of which this application is made is * [blank] as set forth in Rule No. [blank].

To the best of our belief there is no other existing Trade Union, whether registered or not registered, the name of which is identical with the pro posed or so nearly resembles the same as to be likely to deceive the members or the public.

(4) The place of meeting for the business of the * [blank] and the of fice to which all communications and notices may be addressed, is at [blank] as set forth in Rule No. [blank].

(5) The* [blank] was established on the [blank] day of [blank] 19 [blank].

(6) The whole of the purposes for which the* [blank] is established and the purposes for which the funds thereof are applicable are set forth in Rule No. [blank]

(7) The subscriptions and contributions to be paid by members and the form of receipt therefor are set forth in Rule No. [blank].

(8) The conditions under which members may become entitled to benefits assured are set forth in Rule No. [blank].

(9) The fines and forfeitures to be imposed on members are set forth in Rule No. [blank].

(10) The manner of making, altering, amending and rescinding rules is set forth in Rule No. [blank].

(11) The provision for the appointment and removal of a general committee of management, of trustees, treasurer, secretary and other of ficers, is set forth in Rule No. [blank] .

(12) The provision for the investment of funds and for the periodical audit of accounts is set forth in Rule No. [blank].

(13) The provision for the inspection of the books and names of the members by every person having an interest in the funds is set forth in Rule No. [blank].

(14) The provision for the manner of dissolving the Trade Union is set forth in Rule No. [blank].

(15) The provision for taking strike/lock-out action are set forth in Rule No. [blank].

(16) We have been duly authorized by the * [blank] to make this ap plication on its behalf, such authorization consisting of a resolution passed at a general meeting on the [blank] day of [blank] 19 [blank] **.

(17) We certify that in making the alteration of rules now submitted for registration , the rules of the* [blank] were duly complied with.

Signed

1 ................................

2 ................................

3 ................................

4 ................................ Members.

5 ................................

6 .................................

7 ................................

[blank] day of [blank] 19 [blank]

To the Registrar-General,

Hamilton, Bermuda.

*Name of Trade Union.

**Here insert the date, or if there was no such resolution, state in what other way the authorization was given.

FORM F

Certificate of Registration of Complete Alteration of Rules

[blank] (name of trade union).

It is hereby certified that the set of rules, a copy of which is annexed hereto, has been registered under the Trade Union Act 1965, in substi tution for the set of rules already registered for the [blank]

[blank] (name of trade union) this [blank] day of [blank] 19 [blank].

[blank]
(Seal and Signature of Registrar)

FORM G

Request to Withdraw or Cancel Certificate of Registration

[blank] (name of trade union).

(1) The above-mentioned Trade Union desires that its certificate of registration under the Trade Union Act 1965 may be withdrawn (or can celled) on the following grounds, viz., [blank] and at a general meeting * duly held on the [blank] day of [blank] 19 [blank], it was resolved as fol lows:

"That the trustees be authorized to request the Registrar to with draw (or cancel) the certificate of registration of this Trade Union."

(2) This request is made by the trustees accordingly.

..........................

.......................... Trustees

..........................

Registered office [blank]

[blank] day of [blank] 19 [blank]

To the Registrar-General,

Hamilton, Bermuda.

*If not at a general meeting, state in what manner the request has been determined upon.

FORM H

Notice before Withdrawal or Cancellation of Certificate of Registration

[blank] (name of trade union).

Notice is hereby given to the above-mentioned Trade Union that it is the intention of the Registrar to proceed on the [blank] day of [blank] 19 [blank], to cancel (or to withdraw) the registration of the Trade Union, unless cause be shown to the contrary in the meantime.

The ground of such proposed cancellation (or withdrawal) is that *

[blank]
(Signature of Registrar)

[blank] day of [blank] 19 [blank]

*The fact should be briefly specified.

FORM I

Withdrawal or Cancellation of Registration

[blank] (name of trade union).

The certificate of registration of the above-mentioned Trade Union is hereby withdrawn (or cancelled) * [blank]

[blank]
(Signature of Registrar)

[blank] day of [blank] 19 [blank]

*Here state whether at the request of the trade union. The Registrar may, if he thinks fit, add a statement of the ground of the cancellation or withdrawal.

FORM J

Notice of Change of Registered Office

* [blank]

Notice is hereby given that the registered office of the above-mentioned Union is removed from [blank] in the parish of [blank] and is now situ ated at [blank] the parish of [blank]

[blank] day of [blank] 19 [blank]

...........................

........................... Trustees.

...........................

the Registrar-General,

Hamilton, Bermuda.

** Received this [blank] day of [blank] 19 [blank] notice of removal of the registered office of the* [blank] to [blank] in the parish of [blank].

[blank]
(Seal and Signature of Registrar)

*Name of Trade Union.

**This part to be detached by the Registrar when the notice is registered, returned to the trade union.

FORM K

Application for Approval and Notice of Change of Name

Name already registered [blank]

(1) Application for approval of a change of name of the above-men tioned Trade Union is made by the seven persons whose names arc sub scribed at the foot hereof, and by the secretary of such union whose name is additionally subscribed below.

(2) The following is a copy of a resolution passed by the consent of two-thirds of the total number of members of the trade union—

And notice of such change of name is hereby given to the Registrar for registration thereby.

Signed

1 ..............................

2 ..............................

3 ..............................

4 .............................. Members.

5 ..............................

6 ..............................

7 ..............................

.................................. Secretary.

Registered office [blank]

[blank] day of [blank] 19 [blank]

To the Registrar-General,

Hamilton, Bermuda.

FORM L

Certificate to Accompany Application for Approval of Change of Name

[blank] (name of trade union).

I, [blank] of [blank] in the parish of [blank] do solemnly and sincerely certify that I am the secretary of the above-mentioned Trade Union and
that in making the change of name, notice of which is appended to this certificate, the provisions of the Trade Union Act 1965, in respect of change of name have been complied with.

Registered office [blank]

[blank] day of [blank] 19 [blank]

FORM M

Notice of Dissolution

[blank] (name of trade union).

Notice is hereby given that the above-mentioned Trade Union was dis solved in pursuance of the rules thereof on the [blank] day of [blank] 19 [blank]

Signed

1 ..............................

2 ..............................

3 ..............................

4 .............................. Members.

5 ..............................

6 ..............................

7 ..............................

.................................. Secretary.

Name and address to which registered copy is to be returned.

[blank]

[blank] day of [blank] 19 [blank]

To the Registrar-General,

Hamilton, Bermuda,

FORM N

Notice of Amalgamation of Trade Unions

[blank]

(Names of trade unions amalgamating).

[blank]

Notice is hereby given, that by the consent of the statutory proportion of the members of each or every of the above-mentioned Trade Unions they have resolved to become amalgamated together as one Trade Union. And the following are the terms of such amalgamation—

And that it is intended that the amalgamated Trade Union shall hence forth be called the [blank].

Accompanying this notice is a printed/typewritten copy of the rules in tended to be henceforth adopted by the amalgamated Trade Union.

..................... Secretary .....................Secretary.

1.................... 1 ..................

2.................... 2 ...................

3.................... 3 ..................

4.................... Members 4 .................. Members.

5.................... 5 ..................

6.................... 6 ..................

7.................... 7 ...................

.................... ....................

(name of trade union) (name of trade union)

.................... ....................

[blank] day of [blank] 19 [blank]

To the Registrar-General,

Hamilton, Bermuda.

FORM O

Certificate to Accompany Notice of Amalgamation

[blank] (name of trade union).

I, [blank] of [blank] in the parish of [blank], do solemnly and sincerely certify that I am the secretary of the above-mentioned Trade Union, and that in the amalgamation such Trade Union with the [blank] notice of which is appended to this certificate, the provisions of the Trade Union Act 1965 in respect of amalgamation have been complied with.

[blank]
Secretary.

Registered office [blank]

[blank] day of [blank] 19 [blank]

SECOND SCHEDULE

Fees

For the registration of a Trade Union	12.00
For the registration of a partial or com plete alteration of rules	1.20
For the registration of a change of name	2.40
For the registration of a notice of disso lution	0.60
For registration of amalgamation, by each Trade Union amalgamating	2.40
For every document (except as otherwise provided) required to be signed by the Registrar, or to bear a seal	0.60
For every inspection on the same day of documents (whether one or more) in the custody of the Registrar, relating to one and the same Trade Union	0.30

For a copy of extract of any document in custody of the Registrar, not ex ceeding 218 words 18 and if exceeding that number 6 per folio of 72 words, in addition to the fee, if any, for the signature of the Registrar or seal.

For any document certified as a true copy of a document in the custody of the Registrar, when the copy so certified is not made by the Registrar 9 for the examination of such copy, and if the copy exceeds 216 words, for every additional folio of 72 words 3 in addition to the fee, if any, for the signature of the Registrar or seal.

No fee is payable for—

The cancelling or withdrawal of a certificate of registration;

Any notice of change of registered office;

Any document or copy of a document supplied to a public de partment.

The Registrar may also dispense with the fee for the inspection of docu ments in cases where he may consider it in the public interest to do so.

Bermuda Consolidated Legislation

Trade Union Regulations 1965