Section 99 Notice to be given to members.

England, Wales and Scotland

(1)

The trade union shall take all reasonable steps to secure F1that F2voting materials which F3are supplied for voting in the ballot on the resolution to approve the instrument of amalgamation or transfer are accompanied by a notice in writing approved for the purpose by the Certification Officer.

(2)

The notice shall be in writing and shall either—

(a)

set out in full the instrument of amalgamation or transfer to which the resolution relates, or

(b)

give an account of it sufficient to enable those receiving the notice to form a reasonable judgment of the main effects of the proposed amalgamation or transfer.

(3)

If the notice does not set out the instrument in full it shall state where copies of the instrument may be inspected by those receiving the notice.

F4(3A)

The notice shall not contain any statement making a recommendation or expressing an opinion about the proposed amalgamation or transfer.

(4)

The notice shall also comply with the requirements of any regulations in force under this Chapter.

(5)

The notice proposed to be supplied to members of the union under this section shall be submitted to the Certification Officer for approval; and he shall approve it if he is satisfied that it meets the requirements of this section.

F5(6)

In this section “voting materials” means either or both of the following—

(a)

voting papers;

(b)

voting access methods.

Annotations

Textual amendments

F1: Words in s. 99(1) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.54; S.I. 1993/1908, art. 2(1), Sch. 1
F2: Words in s. 99(1) 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(3)(a)(i) (with art. 10)
F3: Word in s. 99(1) 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(3)(a)(ii) (with art. 10)
F4: S. 99(3A) added (30.8.1993) by 1993 c. 19, s. 5; S.I. 1993/1908, art. 2(1), Sch. 1
F5: S. 99(6) 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(3)(b) (with art. 10)