OpenLegislation

Section 133 Amalgamations and transfers of engagements.F1

England, Wales and Scotland

(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 “F2that voting materials" 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 F3100ZA to 100F consisted only of those specified in sections 100B F4, 100C(3)(a) and 100CC(1) together with the requirement that every member must, so far as is reasonably possible, be given a fair opportunity of voting, F5. . ,

(F6bza)

as if in section 100CC(1), for “eligible to vote by postal voting” there were substituted “entitled to vote”,

(F7ba)

as if the references in sections 101A and 101B to the list of trade unions were to the list of employers' associations, and

(c)

with the omission of sections 101(3) F8, 101A(3) and (4) F9, 103(2A) and (6) to (9) and 107.

Annotations

Textual amendments

F1

S. 133 substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para. 65; S.I. 1993/1908, art. 2(1), Sch. 1

F2

Words in s. 133(2)(a) 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), 6(3)(a) (with art. 10)

F3

Words in s. 133(2)(b) 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), 6(3)(b)(i) (with art. 10)

F4

Words in s. 133(2)(b) 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), 6(3)(b)(ii) (with art. 10)

F5

Word in s. 133(2)(b) repealed (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 50(3)(a), 57(2), 59(2)-(4), Sch. 2; S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

F6

S. 133(2)(bza) 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), 6(3)(c) (with art. 10)

F7

S. 133(2)(ba) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 50(3)(a), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

F8

Words in s. 133(2)(c) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 50(3)(b), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

F9

Words in s. 133(2)(c) inserted (25.10.1999) by 1999 c. 26, s. 29, Sch. 6 paras. 1, 21; S.I. 1999/2830, art. 2(1), Sch. 1 para. I (with Sch. 3 para. 5)