Friendly Societies and Credit Unions Act 1982

81 Reference of disputes to court otherwise than under rules

(1)

Where, in relation to a dispute of a kind mentioned in section 78(2), no decision is made on the dispute within 40 days after application to the registered society or branch in question for a reference under its rules or the Registrar has declined a reference under section 79, then, subject to subsection (2), any person, society, or branch such as is mentioned in paragraphs  (a) to (e) of the said section 78(2) who is a party to the dispute may apply to any court of competent jurisdiction, and the court to which the application is made may hear and determine the matter in dispute.

(2)

In the case of a society with branches, the period of 40 days referred to in subsection (1) shall not begin to run until application has been made in succession to all the bodies entitled to determine the dispute under the rules of the society or branch; but the rules of the society or branch shall not require a greater delay than 3 months between each successive determination of a dispute by the bodies entitled under the rules to determine the dispute.

(3)

For the purposes of this section, the term court includes the Disputes Tribunal established under the Disputes Tribunal Act 1988.

Compare: 1909 No 12 s 72(5); Friendly Societies Act 1974 s 79 (UK)

Section 81(3): substituted, on 1 March 1989, by section 82(2) of the Disputes Tribunals Act 1988 (1988 No 110).

Section 81(3): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).