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Part I

Volume 98: debated on Wednesday 4 June 1986

The text on this page has been created from Hansard archive content, it may contain typographical errors.


Jurisdiction of the court

1. –(1) No court other than the High Court or, in the case of a building society whose principal office is in Scotland the Court of Session, shall have jurisdiction to hear and determine disputes to which the paragraph applies; and, in this Part of the Schedule, "the court" means the High Court or, as the case may be, the Court of Session.

(2) This paragraph applies to any dispute—

  • (a) between a building society and a member of the society in his capacity as a member, or
  • (b) between a building society and a representative of such a member in that capacity.
  • in respect of any rights or obligations arising from the rules of the society or any provision of this Act or any statutory instrument under it.

    (3) Except in the cases referred to in sub-paragraph (5) below, no disputes to which this paragraph applies may be referred to arbitration.

    (4) The court shall not hear and determine any dispute arising out of section 55(8) (a) or paragraph 28(4) (a) of Schedule 2 to this Act.

    (5) The court shall not hear and determine any dispute which is required to be referred to arbitration under paragraph 4 below or which is referred to the Commission under paragraph 6 or to an adjudicator under paragraph 7 below except as provided in paragraph 2 below.

    2. The court may hear and determine a dispute falling within paragraph 1(5) above in any case where, on the application of any person concerned, it appears to the court—

  • (a) that application has been made by either party to the dispute to the other party for the purpose of having the dispute settled by arbitration, and
  • (b) that either arbitrators have not been appointed within 40 days of that application or the arbitrators have refused, or have neglected for a period of 21 days, to proceed with the reference or make an award.
  • Right of central office to be heard

    3. –(1) Any person who institutes proceedings in the court in relation to a dispute to which paragraph I above applies shall give notice of the fact and of the matter in dispute to the central office.

    (2) The court shall not proceed to hear a dispute to which paragraph 1 applies until the court is satisfied that the notice required by sub-paragraph (1) above has been given.

    (3) The central office shall be entitled, with the leave of the court, to attend and to be heard at any hearing of a dispute to which paragraph 1 applies.