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reg 143

Effect of withdrawal on pending proceedings

In force

143 Effect of withdrawal on pending proceedings

(1)

This section applies if—

(a)

an amalgamated organisation from which a constituent part withdrew to form a newly registered organisation was, immediately before the withdrawal day for the newly registered organisation, a party to a proceeding in a court or tribunal; and

(b)

the proceeding was—

(i)

pending on the withdrawal day; and

(ii)

wholly or partly about the constituent members’ interests.

(2)

From the withdrawal day, the newly registered organisation—

(a)

if the proceeding was wholly about the constituent members’ interests—is substituted for the amalgamated organisation; or

(b)

if the proceeding was partly about the constituent members’ interests—becomes a party.

(3)

From the withdrawal day, the newly registered organisation has the same rights and obligations as the amalgamated organisation.

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