Rule 23

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Political Fund

Objects
1. The objects of the National Union of Rail, Maritime and Transport Workers shall include the furtherance of the political objects to which Section 72 of the Trade Union & Labour Relations (Consolidation) Act 1992 (as amended) applies, that is to say:-

The expenditure of money:

(a) on any contribution to the funds of, or on the payment of any expenses incurred, directly or indirectly, by a political party;

(b) on the provision of any service or property for use by or on behalf of any political party;

(c) in connection with the registration of electors, the candidature of any person, the selection of any candidate or the holding of any ballot by the Union in connection with any election to a political office;

(d) on the maintenance of any holder of a political office;

(e) on the holding of any conference or meeting by or on behalf of a political party or of any other meeting the main purpose of which is the transaction of business in connection with a political party;

(f) on the production, publication or distribution of any literature, document, film, sound recording or advertisement the main purpose of which is to persuade people to vote for a political party or candidate or to persuade them not to vote for a political party or candidate.

Where a person attends a conference or meeting as a delegate or otherwise as a participator in the proceedings, any expenditure incurred in connection with their attendance as such shall, for the purposes of paragraph (e) above, be taken to be expenditure incurred on the holding of the conference or meeting.

In determining, for the purposes of paragraphs (a) to (f) above, whether the trade union has incurred expenditure of a kind mentioned in those paragraphs, no account shall be taken of the ordinary administration expenses of the Union.

In these objects:

“candidate” means a candidate for election to a political office and includes a prospective candidate;

“contribution”, in relation to the funds of a political party, includes any fee payable for affiliation to, or membership of, the party and any loan made to the party;

“electors” means electors at any election to a political office;

“film” includes any record, however made, of a sequence of visual images, which is capable of being used as a means of showing that sequence as a moving picture;

“local authority” means a local authority within the meaning of Section 270 of the Local Government Act 1972 or Section 235 of the Local Government (Scotland) Act 1973; and

“political office” means the office of a Member of Parliament, member of the European Parliament or member of a local authority or any position within a political party.

Funding
2. Any payments in the furtherance of such political objects shall be made out of a separate fund (hereinafter called the Political Fund) of the Union.

Exemption from Contributions
3.    Any member of the Union may at any time give notice on the form of exemption notice referred to in Clause 4, or by written request in a form to the like effect, of objection to contributing to the Political Fund. A form of exemption notice may be obtained by, or on behalf of, any member, either by application at, or by post from, the Head Office, or any Branch office of the Union or from the Certification Office for Trade Unions and Employers' Associations, 22nd Floor, Euston Tower, 286 Euston Road, London NW1 3JJ.

Form of Exemption Notice
4. The form of exemption notice shall be as follows:
National Union of Rail, Maritime and Transport Workers Political Fund (Exemption Notice)

I hereby give notice that I object to contribute to the Political Fund of the National Union of Rail, Maritime and Transport Workers, and am in consequence exempt, in the manner provided by the Trade Union & Labour Relations (Consolidation) Act 1992 (as amended), from contributing to that Fund.

Signature...............................................................................................

Name of Branch........................................................................................

Address.......................................................................................................

Date..........................day of................................. 20.................................

5. Any member may obtain exemption by sending such notice to the Secretary of the Branch to which the member belongs and, on receiving it, the Secretary shall send an acknowledgement of its receipt to the member at the address upon the notice, and shall inform the General Secretary of the name and address of the member.

5A. Upon the adoption of a political resolution, notice shall be given to members of the union in Great Britain informing them that (a) each member has a right to be exempted from contributing to the union’s political fund; and (b) a form of exemption notice can be obtained by or on behalf of a member either by application at or by post from (i) the head office or any branch office of the union; or (ii) the office of the Certification Officer. Such notice will be given by means of publication in the union’s journal. This rule does not apply to members who are “overseas members” for the purpose of Section 94(3) of the Trade Union & Labour Relations (Consolidation) Act 1992.

6. On giving such notice, a member shall be exempt, so long as the notice is not withdrawn, from contributing to the Political Fund as from the first day of January next after the notice is given, or, in the case of a notice given within one month after the date on which a new member admitted to the Union is supplied with a copy of these Rules under Clause 26 hereof, as from the date on which the member's notice is given.

Relief from Contributions
7.    The National Executive Committee shall give effect to the exemption of members to contribute to the Political Fund of the Union by relieving any members who are exempt from the payment of part of any periodical contributions required from members of the Union towards the expenses of the Union as hereinafter provided and such relief shall be given as far as possible to all members who are exempt on the occasion of the same periodical payment.

Contribution Payable
8. For the purpose of enabling each member of the Union to know as respects any such periodical contribution what portion of the sum payable is a contribution to the Political Fund, it is hereby provided that £3.12 of the first contribution in each calendar year is a contribution to the Political Fund, and that any member who is exempt as aforesaid shall be relieved from the payment of the said sum of £3.12 and shall pay the remainder of such contribution only.

Exempt Member - OtherBenefits
9. A member who is exempt from the obligation to contribute to the Political Fund shall not be excluded from any benefits of the Union, or placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the Union (except in relation to the control or management of the Political Fund) by reason of being exempt.

Not Membership Condition
10. Contribution to the Political Fund of the Union shall not be made a condition for admission to the Union.

Agrieved Member – Certification Officer
If any member alleges that they are aggrieved by a breach of any of these Rules relating to the Political Fund of the Union, being a Rule or Rules made pursuant to Chapter VI of the Trade Union & Labour Relations (Consolidation) Act 1992, he/she may complain to the Certification Officer who, after giving the complainant and any representative of the Union an opportunity of being heard, may, if he/she considers that such a breach has been committed, make such order for remedying the breach as he/she thinks just in the circumstances.

Right of Appeal
Any such order of the Certification Officer may, subject to the right of appeal provided for by Section 95 of the Trade Union & Labour Relations (Consolidation) Act 1992, be enforced in the manner provided for in Section 82(4) of that Act.

Withdrawal of Exemption
12. Any member may withdraw their notice of exemption on notifying the Branch Secretary who shall thereupon send such member an acknowledgement of receipt of the notification and inform the General Secretary of the name and address of the member so withdrawing.

Allocation to Branches
13. Of the amounts contributed to the Political Fund under this Rule, one-tenth shall be allocated to Branches for local purposes in Municipal or Parliamentary elections, including affiliation fees to the Political Fund of the Regional Council. A full statement of income and expenditure shall be submitted to Head Office with the annual Balance Sheet.

Local Government Candidates
14. A member contributing to the Political Fund and contesting as a candidate in any local government election outside the area of the member's Branch, may be assisted from the Political Fund of that Branch. The amount shall be decided by Branch members of the Political Fund.

Political Fund (Northern Ireland)
15. The Rules for the Political Fund of the Union contained in Rule 23 shall have effect in Northern Ireland subject to the following modifications; namely Clauses 11 and 12 shall be omitted there from and the following shall be substituted for Clauses 3 to 7 thereof.

Northern Ireland

Exemption from Contributions – Members in Northern Ireland
16. Under Article 59 of the Trade Union and Labour Relations (Northern Ireland) Order 1995, no member of the Union in Northern Ireland shall be required to make any contribution to the Political Fund of the Union in accordance with Clause 8 unless he has delivered, as provided in Clause 18, at the Head Office or some Branch Office of the Union, notice in writing, in the form set out in Clause 17 of his willingness to contribute to that Fund, and has not withdrawn the notice in manner provided in Clause 18. Every member of the Union who has not delivered such a notice or who, having delivered such a notice, has withdrawn it in a manner provided in Clause 18, is to be deemed for the purpose of these Rules to be a member who is exempt from the obligation to contribute to the Political Fund of the Union.

17. The form of notice of willingness to contribute to the Political Fund of the Union is as follows:

Form of Political Contribution Notice:

Name.....................................................................................

Name of trade union...........................................................

Name of member's branch (if any)...................................

Political Fund (Contribution Notice)

I HEREBY give notice that I am willing and agree to contribute to the Political Fund of the National Union of Rail, Maritime and Transport Workers, and I understand that I shall, in consequence, be liable to contribute to that Fund and shall continue to be so liable unless I deliver at the Head Office of the Union, or some Branch Office, a written notice of withdrawal: I also understand that after delivering such a notice of withdrawal I shall still continue to be liable to contribute to the Political Fund until the next following first day of January.

Name..................................................................................................

Address..............................................................................................

Membership Number (if any).............................................................

Date..................... day of.............................................20......................

18.    If at any time a member of the Union, who has delivered such a notice as is provided for in Clauses 16 and 17, gives notice of withdrawal thereof, delivered, as provided in Clause 19, at the Head Office or at any Branch Office of the Union, he/she shall be deemed to have withdrawn the notice as from the first day of January next after the delivery of the notice of withdrawal.

19. The notices referred to in Clauses 16, 17 and 18 may be delivered personally by the member, and any notice shall be deemed to have been delivered at the Head Office or a Branch of the Union if it has been sent by post properly addressed to that office.

20. The National Union of Rail, Maritime and Transport Workers shall give effect to the exemption of members to contribute to the Political Fund of the Union by making a separate levy of contributions to that Fund from the members of the Union who are not exempt. No monies of the Union other than the amount raised by such separate levy shall be carried to the Political Fund of the Union.

21. If any Northern Ireland member alleges that he/she is aggrieved by a breach of any of the Rules of the Political Fund, being a Rule or Rules made pursuant to Article 59 of the Trade Union and Labour Relations (Northern Ireland) Order 1995, he/she may complain to the Northern Ireland Certification Officer, 2-12 Gordon Street, Belfast, BT1 2LG, under Article 57(2) to (4) of that Order. If, after giving the complainant and a representative of the union an opportunity to be heard, the Certification Officer considers that a breach has been committed, the Certification Officer may make an order for remedying it as the Certification Officer thinks just in the circumstances. Under Article 69 of the 1995 Order an appeal against any decision of the Certification Officer may be made to the Court of Appeal on a question of law. Additionally, if any Northern Ireland member alleges that he/she is aggrieved by a breach of the Political Fund rules made pursuant to Section 82 of the Trade Union and Labour Relations (Consolidation) Act 1995 he/she may complain to the GB Certification Officer, 22nd Floor, Euston Tower, 286 Euston Road, London NW1 3JJ. If, after giving the complainant and a representative of the union an opportunity of being heard, the GB Certification Officer considers that a breach has been committed, he/she may make an order for remedying it as he/she thinks just in the circumstances. Any such order of the GB Certification Officer is subject to the right of appeal provided for by Section 95 of the 1992 Act.

Political Funds – Regional Councils

22. Each Regional Council shall receive out of the Political Fund monies allocated to each of its Branches an annual contribution of 2p for each member of the Branch who is not exempt from Political Fund contributions under this Rule. All such annual contributions shall be paid into the Political Fund of the Regional Council.

23. The Political Fund of each Regional Council shall be kept separate from all other funds of the Regional Council. For the purposes of Clause 2 above, payments out of the Political Fund of any Regional Council shall be regarded as having been paid out of the Political Fund of the Union.

Parliamentary Campaign Group
24.    That the Union creates Parliamentary campaign groups at Westminster, the Scottish Parliament, Welsh Assembly and the European Parliament, as determined by the National Executive Committee, funded by the Political Fund and to keep the campaign groups under review. All members of the said groups to be members of the Union.


Support for Organisations or Campaigns
25.  The National Executive Committee may be, from time to time, requested by Branches or Regional Councils to explicitly authorise support for organisations or campaigns in pursuance of the Union's policy objectives, subject to not breaching the provisions of these Rules. Any such request should be placed in front of the National Executive Committee within fourteen days of its receipt at Head Office.

Copies of Political Fund Rules
26. The National Executive Committee shall cause to be printed a number of copies of these Rules relating to the Political Fund of the Union, having at the end copies of the certificate of approval, sufficient for the members of the Union, and a further number of new members, and shall send to the Secretary of each Branch a number of copies sufficient for the members of the Branch. The Secretary of the Branch shall take steps to secure that every member of the Branch, so far as is practicable, receives a copy of these Rules, and shall supply a copy to any member on request. A copy thereof shall also be supplied forthwith to every new member on admission to the Union. The provisions of this Rule shall apply to any subsequent alterations of the Rules for the Political Fund of the Union.