(1)The instrument of amalgamation or transfer must be approved by the Certification Officer and shall be submitted to him for approval before [F1a ballot of the members of any amalgamating union, or (as the case may be) of the transferor union, is held on the resolution to approve the instrument.]
[F2(2)If the Certification Officer is satisfied—
(a)that an instrument of amalgamation complies with the requirements of any regulations in force under this Chapter, and
(b)that he is not prevented from approving the instrument of amalgamation by subsection (3),
he shall approve the instrument.
(3)The Certification Officer shall not approve an instrument of amalgamation if it appears to him that the proposed name of the amalgamated union is the same as the name under which another organisation—
(a)was on 30th September 1971 registered as a trade union under the Trade Union Acts 1871 to 1964,
(b)was at any time registered as a trade union or employers' association under the Industrial Relations Act 1971, or
(c)is for the time being entered in the list of trade unions or in the list of employers' associations,
or if the proposed name is one so nearly resembling any such name as to be likely to deceive the public.
(4)Subsection (3) does not apply if the proposed name is the name of one of the amalgamating unions.
(5)If the Certification Officer is satisfied that an instrument of transfer complies with the requirements of any regulations in force under this Chapter, he shall approve the instrument.]
Textual Amendments
F1Words in s. 98(1) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.53; S.I. 1993/1908, art. 2(1), Sch. 1
F2S. 98(2)-(5) substituted for s. 98(2) (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 50(1), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)