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TRADE UNION (AMALGAMATIONS, ETC.) ACT (NORTHERN IRELAND) 1965 - SECT 5

1937 c.8

5.(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;

(2) Subsection (1) 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 Northern Ireland or the
United Kingdom.

(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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© 1965 Crown Copyright

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