The Trade Unions and Employers' Associations (Amalgamations, etc.) Regulations 1975

Regulation 4(1)

SCHEDULE 1 CONTENTS OF INSTRUMENT OF AMALGAMATION

1.  The instrument shall state that it is an instrument of amalgamation between the organisations named therein as the amalgamating organisations, and that upon the coming into operation of the instrument the members of the amalgamating organisations will become members of the amalgamated organisation and be subject to that organisation's rules.

2.  The instrument shall either set out the proposed rules of the amalgamated organisation or state who are the persons authorised to draw up those rules.

3.  If the instrument does not set out the proposed rules it shall contain a summary of what those rules will provide with regard to the following matters:—

(i) the name and principal purposes of the amalgamated organisation;

(ii) the conditions of admission to membership;

(iii) the structure of the amalgamated organisation;

(iv) the method of appointing and removing its governing body and principal officials and of altering its rules;

(v) the contributions and benefits applicable to members of the amalgamating organisations.

4.  The instrument shall specify any property held for the benefit of any of the amalgamating organisations or for the benefit of a branch of any of those organisations which is not to be vested in the appropriate trustees as defined in section 5(3) of the 1964 Act, and shall state the proposed disposition of any such property.

5.  Without prejudice to section 1(5) of the 1964 Act, the instrument shall state the date on which it is to take effect.

6.  The instrument shall be signed by three members of the committee of management or other governing body and the secretary of each of the amalgamating organisations.

Regulation 4(2)

SCHEDULE 2 CONTENTS OF INSTRUMENT OF TRANSFER

1.  The instrument shall state that it is an instrument of transfer of the engagements of the organisation named therein as the transferor organisation to the organisation named therein as the transferee organisation, and that upon the coming into operation of the instrument the members of the transferor organisation will become members of the transferee organisation and be subject to that organisation's rules.

2.  The instrument shall:—

(i) state what contributions and benefits will be applicable to members of the transferor organisation under the transferee organisation's rules;

(ii) if members of the transferor organisation are to be allocated to a branch or section or to branches or sections of the transferee organisation, give particulars of such allocation or the method by which it is to be decided;

(iii) state whether before registration of the instrument the transferee organisation's rules are to be altered in their application to members of the transferor organisation and, if so, the effect of any alterations;

(iv) without prejudice to section 1(5) of the 1964 Act, state the date on which the instrument is to take effect.

3.  The instrument shall specify any property held for the benefit of the transferor organisation or for the benefit of a branch of the transferor organisation which is not to be vested in the appropriate trustees as defined in section 5(3) of the 1964 Act, and shall state the proposed disposition of any such property.

4.  The instrument shall be signed by three members of the committee of management or other governing body and the secretary of each of the organisations.