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Part IIU.K. Employers’ Associations

Amalgamations and similar mattersE+W+S

[133F1Amalgamations and transfers of engagements.E+W+S

(1)Subject to subsection (2), the provisions of Chapter VII of Part I of this Act (amalgamations and similar matters) apply to unincorporated employers’ associations as in relation to trade unions.

(2)In its application to such associations that Chapter shall have effect—

(a)as if in section 99(1) for the words from “that every" to “accompanied by" there were substituted the words “that, not less than seven days before the ballot on the resolution to approve the instrument of amalgamation or transfer is held, every member is supplied with",

(b)as if the requirements imposed by sections 100A to 100E consisted only of those specified in sections 100B and 100C(1) and (3)(a) together with the requirement that every member must, so far as is reasonably possible, be given a fair opportunity of voting, and

(c)with the omission of sections 101(3) and 107.]

Textual Amendments

134 Change of name of employers’ association.E+W+S

(1)An unincorporated employers’ association may change its name by any method expressly provided for by its rules or, if its rules do not expressly provide for a method of doing so, by adopting in accordance with its rules an alteration of the provision in them which gives the association its name.

(2)If the name of an employers’ association, whether incorporated or unincorporated, is entered in the list of employers’ associations a change of name shall not take effect until approved by the Certification Officer.

(3)The Certification Officer shall not approve a change of name if it appears to him that the proposed new name—

(a)is the same as one entered in the list as the name of another employers’ association, or

(b)is the same as one entered in the list of trade unions kept under Part I of this Act,

or is a name so nearly resembling such a name as to be likely to deceive the public.

(4)A change of name by an unincorporated employers’ association does not affect any right or obligation of the association or any of its members; and any pending legal proceedings may be continued by or against the association, the trustees of the association or any other officer of the association who can sue or be sued on its behalf notwithstanding its change of name.

(5)The power conferred by section 108 (power to make regulations for carrying provisions into effect) applies in relation to this section as in relation to a provision of Chapter VII of Part I.