sec.95Members’ secret postal ballot

sec.95 Members’ secret postal ballot

This section applies to each existing organisation concerned in a proposed amalgamation, and to a constituent part concerned in a proposed withdrawal, if— the commission has approved a ballot for the amalgamation or withdrawal; and the commission— has not approved an alternative ballot for the amalgamation or withdrawal; or for a proposed amalgamation—has not given the organisation a ballot exemption under section 85 or 86 ; or for a proposed withdrawal—has not given the constituent part a ballot exemption under section 87 . The manager of the ballot must carry out secret postal ballots of the members who have a right to vote in the ballot on the amalgamation or withdrawal about— whether the members approve the proposed amalgamation or withdrawal; and if the scheme for the amalgamation has an alternative scheme—if the proposed amalgamation does not take place, whether the members approve the alternative amalgamation. If there is an alternative scheme for an amalgamation, the same ballot paper must be used for voting on the proposed amalgamation and proposed alternative amalgamation. (sec.95-ssec.1) This section applies to each existing organisation concerned in a proposed amalgamation, and to a constituent part concerned in a proposed withdrawal, if— the commission has approved a ballot for the amalgamation or withdrawal; and the commission— has not approved an alternative ballot for the amalgamation or withdrawal; or for a proposed amalgamation—has not given the organisation a ballot exemption under section 85 or 86 ; or for a proposed withdrawal—has not given the constituent part a ballot exemption under section 87 . (sec.95-ssec.2) The manager of the ballot must carry out secret postal ballots of the members who have a right to vote in the ballot on the amalgamation or withdrawal about— whether the members approve the proposed amalgamation or withdrawal; and if the scheme for the amalgamation has an alternative scheme—if the proposed amalgamation does not take place, whether the members approve the alternative amalgamation. (sec.95-ssec.3) If there is an alternative scheme for an amalgamation, the same ballot paper must be used for voting on the proposed amalgamation and proposed alternative amalgamation.

• (a) the commission has approved a ballot for the amalgamation or withdrawal; and
• (b) the commission— (i) has not approved an alternative ballot for the amalgamation or withdrawal; or (ii) for a proposed amalgamation—has not given the organisation a ballot exemption under section 85 or 86 ; or (iii) for a proposed withdrawal—has not given the constituent part a ballot exemption under section 87 .
• (i) has not approved an alternative ballot for the amalgamation or withdrawal; or
• (ii) for a proposed amalgamation—has not given the organisation a ballot exemption under section 85 or 86 ; or