Section 97 Amalgamation or transfer of engagements.
England, Wales and Scotland
Two or more trade unions may amalgamate and become one trade union, with or without a division or dissolution of the funds of any one or more of the amalgamating unions, but shall not do so unless—
the instrument of amalgamation is approved in accordance with section 98, and
A trade union may transfer its engagements to another trade union which undertakes to fulfil those engagements, but shall not do so unless—
the instrument of transfer is approved in accordance with section 98, and
the requirements of section 99 (notice to members) and section 100 (resolution to be passed by required majority on ballot F3...) are complied with in respect of the transferor union.
An amalgamation or transfer of engagements does not prejudice any right of any creditor of any trade union party to the amalgamation or transfer.
The above provisions apply to every amalgamation or transfer of engagements notwithstanding anything in the rules of any of the trade unions concerned.
Annotations
Textual amendments
- F1
Words in s. 97(1)(b) and (2)(b) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.52; S.I. 1993/1908, art. 2(1), Sch. 1
- F2
Words in s. 97(1)(b) omitted (25.8.2026) by virtue of The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 5(2) (with art. 10)
- F3
Words in s. 97(2)(b) omitted (25.8.2026) by virtue of The Trade Unions (Permissible Means of Voting) and Employment Rights (Unfair Dismissal) (Amendment) Order 2026 (S.I. 2026/881), arts. 1(3), 5(2) (with art. 10)