33. Transfer of engagements.

(1) (a) Subject as hereinafter provided a trade union may by a special resolution transfer its engagements to any other trade union whose members are employed within similar trades, occupations or industries which may undertake to fulfil those engagements; but no transfer under this section shall prejudice any right of any creditor of any trade union which is a party thereto.

(b) For the purpose of this subsection "a special resolution" means a resolution proposed at any general meeting of which notice specifying the intention to propose that resolution has been duly given according to the rules and passed by not less than two-thirds of the members of the union present and entitled to vote at the meeting, or if the general meetings of the union are meetings of delegates, by not less than two-thirds of the delegates present at the meeting.

(2) No transfer under this section shall take effect unless or until—

(a) the consent thereto of not less than two-thirds of the members of the union transferring its engagements has been obtained either at meetings or in writing, or the Registrar on application made to him in writing by the union and after notice of the application has been published in the Gazette and (if he so requires) in one or more newspapers, and after hearing the union and any other persons whom he considers entitled to be heard, has dispensed with that consent; and

(b) notice of the transfer (which it shall be the duty of every union transferring its engagements to send to the Director General) has been registered. The application for registration of the notice of transfer shall be made in writing and signed by the chairman of the meeting and the secretary of the union transferring its engagements, and by the president, secretary and trustees of the union undertaking to fulfil the engagements.

(3) The property held for the benefit of any trade union amalgamating with any other trade union or of any trade union transferring its engagements under this section, or for the benefit of a branch of any such union, by the trustees of the union or of any branch thereof, other than property excepted from the operations of this subsection by the instrument of transfer or amalgamation, shall without any conveyance or assignment vest, on registration of notice of the amalgamation or transfer, or on the appointment of the appropriate trustees, whichever is the later, in the appropriate trustees, that is to say—

(a) in the case of any property to be held for the benefit of a branch of the amalgamated union or of a branch of the union undertaking to fulfil the engagements, in the trustees of that branch, unless the rules of that branch provide that property to be so held shall be held by the trustees of the union; and

(b) in any other case in the trustees of the amalgamated union or of the union undertaking to fulfil the engagements.

(4) Every instrument of amalgamation or transfer shall specify any property to be vested under the foregoing provisions, in relation to which the trustees of the amalgamated union or of the union undertaking to fulfil the engagements are not or will not be the appropriate trustees and shall designate the persons who are or will be the appropriate trustees in relation to that property.