Co-operative and Community Benefit Societies Act 2014

140 Determination of disputes: supplementary

(1) Where a determination under section 137(1) is made in a dispute—

(a) the determination is binding and conclusive on all parties without appeal;

(b) in England and Wales, the determination is not removable into any court of law or restrainable by injunction;

(c) an application may be made to the county court (or, in Scotland, the sheriff) for enforcement of the determination.

(2) The county court (or, in Scotland, the sheriff) may order the expenses of determining a dispute under section 137, 138 or 139 to be paid—

(a) out of the society’s funds, or

(b) by such parties to the dispute as the court (in Scotland, the sheriff) considers appropriate.

(3) In England and Wales a magistrates’ court may, for the purposes of the hearing or determination of a dispute under section 137, 138 or 139, grant either party—

(a) such disclosure as to documents and otherwise, and

(b) such inspection of documents,

as it considers necessary for the just and expeditious disposal of the dispute.

(4) An order under subsection (3) for disclosure to be made on behalf of a society is to be disclosure by such of its officers as the court may determine.

(5) The court to which a dispute is referred under section 137(3) to (6), 138 or 139 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 or the Court of Session (as the case may be).