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Trade Disputes
and Trade Unions.
[17 GEO. 5.]
[17 GEO. 5.]
A.D. 1927. trade or industry, which is connected with the employ- ment or non-employment or the terms of the employment, or with the conditions of labour, of persons in that trade or industry.
Protection of persons refusing to take part in illegal strikes.
(2) If any person declares, instigates, furthers, or 5 takes part in a strike declared by this Act to be illegal he shall be liable on summary conviction to a fine not exceeding ten pounds or to imprisonment for a term not exceeding three months, or on conviction on indictment to imprisonment for a term not exceeding two years.
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(3) The provisions of the Trade Disputes Act, 1906, shall not, nor shall the second proviso to subsection (1) of section two of the Emergency Powers Act, 1920, apply to any act done in contemplation or furtherance of a strike which is by this Act declared to be illegal, and 15 any such act shall not be deemed for the purposes of any enactment to be done in contemplation or furtherance of a trade dispute.
2. (1) No person refusing to take part or to con- tinue to take part in any strike which is by this Act 20 declared to be illegal, shall be, by reason of such refusal or by reason of any action taken by him under this section, subject to expulsion from any trade union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he would otherwise be 25 entitled, or liable to be placed in any respect either directly or indirectly under any disability or at any dis- advantage as compared with other members of the union or society, anything to the contrary in the rules of a trade union or society notwithstanding.
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(2) No provisions of the Trade Union Acts, 1871 to 1917, limiting the proceedings which may be enter- tained by any court, and nothing in the rules of a trade union or society requiring the reference of disputes to arbitration shall apply to any proceeding for enforcing 35 any right or exemption secured by this section, and in any such proceeding the court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade union 40 or society such sum by way of compensation or damages as the court thinks just.
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Trade Disputes and Trade Unions.
(3) As respects any strike before the passing of A.D. 1927. this Act which is declared by this Act to have been illegal, this section shall have effect as if it had been in operation when the strike took place.
3.-(1) It is hereby declared that it is unlawful for Prevention one or more persons (whether acting on their own behalf of intimida- or on behalf of a trade union or of an individual tion, &c. employer or firm, and notwithstanding that they may be acting in contemplation or furtherance of a trade dispute) 10 to attend at or near a house or place where a person resides or works or happens to be, for the purpose of obtaining or communicating information or of persuading or inducing any person to work or to abstain from working, if they so attend in such numbers or otherwise 15 in such manner as to be calculated to intimidate any person in that house or place, or to obstruct the approach thereto or egress therefrom, or to lead to a breach of the peace; and attending at or near any house or place in such numbers or in such manner as is by this subsection 20 declared to be unlawful shall be deemed to be a watching or besetting of that house or place within the meaning of section seven of the Conspiracy and Protection of Property Act, 1875.
"to intimidate
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(2) In this section the expression 25 means to cause in the mind of a person a reasonable apprehension of injury to him or to any member of his family or of violence or damage to any person or property, and the expression “injury” includes injury other than physical or material injury, and accordingly the expres- 30 sion "apprehension of injury " includes an apprehension of boycott, or loss of any kind, or of exposure to hatred, ridicule, or contempt.
(3) In section seven of the Conspiracy and Protection of Property Act, 1875, the expression "intimidate" shall 35 be construed as having the same meaning as in this
section.
(4) Notwithstanding anything in any Act it shall not be lawful for one or more persons, for the purpose of inducing any person to work or to abstain from working, 40 to watch or beset a house or place where a person resides or the approach to such a house or place, and any person who acts in contravention of this subsection shall be liable on summary conviction to a fine not exceeding
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