Section 106 Amalgamation or transfer involving Northern Ireland union.
England, Wales and Scotland
This Chapter has effect subject to the following modifications in the case of an amalgamation or transfer of engagements to which a trade union and a Northern Ireland union are party.
The requirements F1, so far as applicable, of sections F298 to F3100F and 101(3) F4and Schedule A1A (approval of instrument, notice to members and ballot on resolution) do not apply in relation to the Northern Ireland union; but the Certification Officer shall not register the instrument under section 101 unless he is satisfied that it will be effective under the law of Northern Ireland.
The instrument of amalgamation or transfer submitted to the Certification Officer for his approval under section 98 shall state which of the bodies concerned is a Northern Ireland union and, in the case of an amalgamation, whether the amalgamated body is to be a Northern Ireland union; and the Certification Officer shall withhold his approval if the instrument does not contain that information.
Nothing in section 102 (alteration of rules) or F5sections 103 and 104 (complaint as to passing of resolution) applies in relation to the Northern Ireland union.
Subject to the exceptions specified above, the provisions of this Chapter as to amalgamations or transfers of engagements apply in relation to the Northern Ireland union.
Annotations
Textual amendments
- F1
Words in s. 106(2) inserted (25.8.2026) by The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 5(14)(a) (with art. 10)
- F2
Words in s. 106(2) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 57(a); S.I. 1993/1908, art. 2(1), Sch. 1
- F3
Word in s. 106(2) substituted (25.8.2026) by The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 5(14)(b) (with art. 10)
- F4
Words in s. 106(2) inserted (25.8.2026) by The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 5(14)(c) (with art. 10)
- F5
Words in s. 106(4) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 57(b); S.I. 1993/1908, art. 2(1), Sch. 1
Notes on Ballots: further provision
Textual amendments
- F1
S. 100E cross-heading inserted (25.8.2026) by The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 5(10) (with art. 10)