SCHEDULES

C1SCHEDULE 14 Settlement of Disputes

Annotations:
Modifications etc. (not altering text)
C1

Sch. 14 excluded (temp.) by S.I. 1986/2168, art. 3(1)(4)

Part I Proceedings in Court

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 this paragraph applies; and, in this Part of this 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 61(8)(a) or F1paragraph 20A(10)(a) or 31(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 F2FCA under paragraph 6 or to an adjudicator under paragraph 7 below except as provided in paragraph 2 below.