Industrial and Provident Societies Act (Northern Ireland) 1969

69Decision of disputes.N.I.

(1)Subject to subsections (2), (4) and (5), every dispute between a registered society or an officer thereof and—

(a)a member of the society; or

(b)any person aggrieved who has ceased to be a member of the society not more than six months previously; or

(c)any person claiming through a member of the society or any such person aggrieved; or

(d)any person claiming under the rules of the society;

shall, if the society's rules give directions as to the manner in which such disputes are to be decided, be decided in that manner.

(2)Unless the rules of the society expressly forbid it, the parties to a dispute in a registered society may by consent refer the dispute to the registrar who shall hear and determine the dispute.

(3)A decision made under subsection (1) or (2) on any dispute shall be binding and conclusive on all parties without appeal; and—

(a)the decision shall not be removable into any court of law or restrainable by injunction; and

(b)application for the enforcement of the decision may be made to the county court.

(4)Subject to subsection (5), any dispute directed by the rules of a registered society to be referred to justices shall be determined by a court of summary jurisdiction.

(5)Where, whether by virtue of subsection (4) or otherwise, a dispute is cognisable under the rules of a registered society by a court of summary jurisdiction, the parties to the dispute may by agreement refer the dispute to the county court, which may hear and determine it.

(6)Where the rules of a registered society contain no direction as to disputes, or where no decision is made on a dispute within forty days after application to the society for a reference under its rules, any person such as is mentioned in subsection (1)(a) to (d) who is a party to the dispute may apply either to the county court or to a court of summary jurisdiction, which may hear and determine the matter in dispute.

(7)For the purposes of the hearing or determination of a dispute under this sectionF1. . .

(a)[F1without prejudice to any powers exercisable by virtue of Part I of the Arbitration Act 1996] the registrar may administer oaths and require the attendance of all parties concerned and of witnesses and the production of all books and documents relating to the matter in question, and shall have power to order the expenses of determining the dispute to be paid either out of the funds of the society or by such parties to the dispute as he shall think fit; and any person refusing to attend, or to produce any documents, or to give evidence, before the registrar shall be guilty of an offence and liable on summary conviction to a fine not exceeding[F2 £200]:

(b)F1. . . a court of summary jurisdiction may grant to either party such discovery as to documents and otherwise, or such inspection of documents, being, in the case of discovery to be made on behalf of the society, discovery by such officer of the society as theF1. . . court may determine,[F1 as might be granted by the registrar].

[F1(8)The court or registrar to whom any dispute is referred under subsections (2) to (6) may at the request of either party state a case on any question of law arising in the dispute for the opinion of the High Court.]

(9)Anything which under this section is required or authorised to be done by, to or before the registrar may be done by, to or before such person as he may, with the approval of the Minister, appoint for the purpose and subsection (8) shall apply to such a person in like manner as it applies to the registrar.