(1)Two or more trade unions may amalgamate and become one trade union, with or without a division or dissolution of the funds of any one or more of the amalgamating unions, but shall not do so unless—
(a)the instrument of amalgamation is approved in accordance with section 98, and
(b)the requirements of [F1section 99 (notice to members) and section 100 (resolution to be passed by required majority on ballot held in accordance with sections 100A to 100E)] are complied with in respect of each of the amalgamating unions.
(2)A trade union may transfer its engagements to another trade union which undertakes to fulfil those engagements, but shall not do so unless—
(a)the instrument of transfer is approved in accordance with section 98, and
(b)the requirements of [F1section 99 (notice to members) and section 100 (resolution to be passed by required majority on ballot held in accordance with sections 100A to 100E)] are complied with in respect of the transferor union.
(3)An amalgamation or transfer of engagements does not prejudice any right of any creditor of any trade union party to the amalgamation or transfer.
(4)The above provisions apply to every amalgamation or transfer of engagements notwithstanding anything in the rules of any of the trade unions concerned.
Textual Amendments
F1Words in s. 97(1)(b) and (2)(b) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.52; S.I. 1993/1908, art. 2(1), Sch. 1