Trade Union (Amalgamations, etc.) Act 1964 (repealed 16.10.1992)
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Change 1
5 Disposal of property on amalgamation or transfer.
(1) Subject to this section, where an instrument of amalgamation or transfer takes effect, the property held— (a) for the benefit of any of the amalgamating unions or for the benefit of a branch of any of those unions, by the trustees of the union or branch, or (b) for the benefit of the transferor trade union or for the benefit of a branch of the transferor trade union, by the trustees of the union or branch, shall without any conveyance, assignment or assignation vest, on the instrument taking effect, or on the appointment of the appropriate trustees, whichever is the later, in the appropriate trustees. (2) The foregoing subsection shall not apply— (a) to property excepted from the operation of this section by the instrument of amalgamation or transfer, or (b) to stocks and securities in the public funds of the United Kingdom or Northern Ireland. (3) In this section “the appropriate trustees” means— (a) in the case of any property to be held for the benefit of a branch of the amalgamated union or for the benefit of a branch of the transferee union, the trustees of that branch, unless the rules of the amalgamated or transferee union provide that the property to be so held shall be held by the trustees of the union, and (b) in any other case, the trustees of the amalgamated or transferee union. (4) For the removal of doubt it is hereby declared that if, in the case of an amalgamation of two or more trade unions each qualified under section 3 of the Trade Union Act 1913 to operate such a fund as is mentioned in subsection (1)(a) of that section, the rules of the amalgamated union in force immediately after the amalgamation include such rules as are required by that section, that union is to be treated for the purposes of that section as having immediately after the amalgamation passed such a resolution as is mentioned in subsection (1) of that section, with power to rescind it under subsection (4) thereof.
5 Disposal of property on amalgamation or transfer.
(1) Subject to this section, where an instrument of amalgamation or transfer takes effect, the property held— (a) for the benefit of any of the amalgamating unions or for the benefit of a branch of any of those unions, by the trustees of the union or branch, or (b) for the benefit of the transferor trade union or for the benefit of a branch of the transferor trade union, by the trustees of the union or branch, shall without any conveyance, assignment or assignation vest, on the instrument taking effect, or on the appointment of the appropriate trustees, whichever is the later, in the appropriate trustees. (2) The foregoing subsection shall not apply— (a) to property excepted from the operation of this section by the instrument of amalgamation or transfer, or (b) to stocks and securities in the public funds of the United Kingdom or Northern Ireland. (3) In this section “the appropriate trustees” means— (a) in the case of any property to be held for the benefit of a branch of the amalgamated union or for the benefit of a branch of the transferee union, the trustees of that branch, unless the rules of the amalgamated or transferee union provide that the property to be so held shall be held by the trustees of the union, and (b) in any other case, the trustees of the amalgamated or transferee union. (4) For the removal of doubt it is hereby declared that if, in the case of an amalgamation of two or more trade unions each qualified under section 3 of the Trade Union Act 1913 to operate such a fund as is mentioned in subsection (1)(a) of that section, the rules of the amalgamated union in force immediately after the amalgamation include such rules as are required by that section, that union is to be treated for the purposes of that section as having immediately after the amalgamation passed such a resolution as is mentioned in subsection (1) of that section, with power to rescind it under subsection (4) thereof.
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