TRADE UNIONS Citation, commencement and revocation 1 1 These Regulations may be cited as the Trade Unions and Employers' Associations (Amalgamations, etc.) Regulations 1975 and shall come into operation on 12th May 1975. 2 The Employers' and Workers' Organisations (Amalgamations, etc.) Regulations 1971 shall cease to have effect. Interpretation 2 1 The Interpretation Act 1889 shall apply to these Regulations as it applies to an Act of Parliament. 2 For the purposes of these Regulations, unless the context otherwise requires, the following expressions shall have the meanings hereby assigned to them respectively, that is to say— “ the 1964 Act ” means the Trade Union (Amalgamations, etc.) Act 1964 ; “ the 1974 Act ” means the Trade Union and Labour Relations Act 1974 ; “ the Registrar ” has the meaning assigned to it by section 9(1) of the 1964 Act ; “ duly authenticated ” means bearing the signature of the Registrar and the date of the signature ; “ organisation ” means any trade union as defined in section 28(1) of the 1974 Act, or any employers' association as defined in section 28(2) of the 1974 Act which is not a corporate body ; “ Northern Ireland union ” has the meaning assigned to it by section 10(5) of the 1964 Act . Approval of proposed instruments and notices 3 1 An application pursuant to section 1(4) of the 1964 Act for approval of a proposed instrument of amalgamation or transfer shall be submitted to the Registrar— a in the case of a proposed instrument of amalgamation, by one of the amalgamating organisations; and b in the case of a proposed instrument of transfer, by the transferor organisation, and the application shall be accompanied by two copies of the proposed instrument both of which shall be signed as required by paragraph 6 of Schedule 1 or, as the case may be, paragraph 4 of Schedule 2 to these Regulations, and by copies of the current rules of the organisations which are parties to the instrument. 2 An application pursuant to section 1(4) of the 1964 Act for approval of a proposed notice to be supplied to members of an organisation in accordance with section 1(2)(d) of that Act shall be accompanied by two copies of the proposed notice. 3 The Registrar shall signify his approval of such instrument or notice by returning to the applicant organisation one of the copies endorsed with the word “Approved” and duly authenticated. Contents of instrument of amalgamation or transfer 4 1 Subject to Regulation 5 an instrument of amalgamation shall contain the particulars and information specified in Schedule 1 to these Regulations. 2 Subject to Regulation 5 an instrument of transfer shall contain the particulars and information specified in Schedule 2 to these Regulations. 5 Regulation 4 shall not apply to any instrument of amalgamation or instrument of transfer which, before the coming into operation of these Regulations, has been approved by the Chief Registrar of Trade Unions and Employers' Associations or by any assistant registrar appointed by him for the purpose of section 8 of the 1964 Act. Application for registration of instruments 6 1 An application pursuant to section 1(5) of the 1964 Act for registration of an instrument of amalgamation shall be signed by three members of the committee of management or other governing body and the secretary of each of the amalgamating organisations and shall be submitted to the Registrar in the form to be provided by him for that purpose. The application shall be accompanied by two copies of the instrument and two copies of the proposed rules of the amalgamated organisation and by a statutory declaration from each of the amalgamating organisations in the form to be provided by the Registrar for that purpose. Each copy of the proposed rules shall be signed by the secretary of each of the amalgamating organisations. 2 An application pursuant to section 1(5) of the 1964 Act for registration of an instrument of transfer shall be signed by three members of the committee of management or other governing body and the secretary of each of the organisations concerned and shall be submitted to the Registrar by the transferee organisation in the form to be provided by him for that purpose. The application shall be accompanied by two copies of the instrument and by statutory declarations made by the secretary of the transferor organisation and the secretary of the transferee organisation in the forms to be provided by the Registrar for that purpose. The application shall also be accompanied by two copies of any amendments to the rules of the transferee organisation made since the date of the application for approval of the proposed instrument of transfer under Regulation 3(1). 3 In any case where he considers it desirable with a view to ensuring that adequate publicity is given to the date by which complaints must be made to him, under section 4 of the 1964 Act, as to the validity of a resolution approving an instrument of amalgamation or transfer, the Registrar may, not later than seven days after the date on which he receives the application for registration of the instrument, require notice to be given or published in such manner, in such form, and on or before such date, as he may direct of the fact that the application for registration has been or is to be made to him. Registration of instruments 7 1 Before registering an instrument of amalgamation, the Registrar shall satisfy himself that the proposed rules of the amalgamated organisation are in no way inconsistent with the terms of the said instrument. 2 Upon registering the instrument the Registrar shall send to the address specified for that purpose on the form of application for registration one copy of the instrument endorsed with the word “Registered” and duly authenticated. 8 1 Before registering an instrument of transfer the Registrar shall satisfy himself that the rules of the transferee organisation are in no way inconsistent with the terms of the said instrument. 2 Upon registering the instrument the Registrar shall send to the transferee organisation one copy of the instrument endorsed with the word “Registered” and duly authenticated. Approval of change of name 9 1 An application by an organisation pursuant to section 6(2) of the 1964 Act for the approval of a change of name shall be signed by three members of the committee of management or other governing body and the secretary of the organisation and shall be submitted to the Registrar in duplicate in the form to be provided by him for that purpose. 2 The application shall be accompanied by a statutory declaration as to the manner in which the change of name was effected by the secretary of the organisation in the form to be provided by the Registrar for the purpose. 3 Upon approving the change of name the Registrar shall return to the organisation one copy of the application endorsed with the word “Approved” and duly authenticated. Amalgamations or transfers involving Northern Ireland unions 10 Where a Northern Ireland union is a party to an amalgamation or transfer of engagements, these Regulations shall have effect subject to the following modifications, that is to say:— a Regulations 3 and 6(3) shall not apply to a Northern Ireland union; b Regulation 4(2) shall not apply to an instrument of transfer if the transferor organisation is a Northern Ireland union; c Regulation 6 shall not require any statutory declaration from a Northern Ireland union; d The application to the Registrar under Regulation 6(2) for the registration of an instrument of transfer shall be submitted by the transferor organisation if the transferee organisation is a Northern Ireland union. Fees 11 The following fees shall be payable in advance— For registration of an instrument of amalgamation or transfer £15 For approval of a change of name £2.50 For every inspection on the same day of documents kept by the Registrar under the 1964 Act relating to one and the same organisation 12p 12 A fee of 25p shall be payable for the entry of an amalgamated organisation on the relevant list where each of the amalgamating organisations is already entered on the list. Signed by order of the Secretary of State. Albert Booth Minister of State Department of Employment 25th March 1975 We approve Regulation 11. M. Cocks Donald R. Coleman Two of the Lords Commissioners of Her Majesty's Treasury 26th March 1975