Co-operative and Community Benefit Societies Act (Northern Ireland) 1969

69 Decision of disputes. N.I.

(1) Subject to subsections [F1 (3A)] , (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.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A decision made under subsection (1) F3 ... 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.

[F4 (3A) Any dispute which would, under the rules of a registered society, fall to be determined by the registrar is to be referred to the county court for determination.]

(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) F5 For the purposes of the hearing or determination of a dispute under this section. . .

[F6 (a) the county court may order the expenses of the hearing or determination to be paid out of the society’s funds or by such parties to the dispute as the court considers appropriate;]

(b) F5 . . . 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 theF5 . . . court may determine, [F7 as it considers necessary for the just and expeditious disposal of the dispute] .

[F5 (8) The court [F8 to which] any dispute is referred under subsections [F9 (3A)] 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.]

F10 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 Word in s. 69(1) substituted (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 2 para. 20(a) (with art. 3)

F2 S. 69(2) omitted (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by virtue of The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 2 para. 20(b) (with art. 3)

F3 Words in s. 69(3) omitted (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by virtue of The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 2 para. 20(c) (with art. 3)

F4 S. 69(3A) inserted (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 2 para. 20(d) (with art. 3)

F5 1996 c. 23

F6 S. 69(7)(a) substituted (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 2 para. 20(e)(i) (with art. 3)

F7 Words in s. 69(7)(b) substituted (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 2 para. 20(e)(ii) (with art. 3)

F8 Words in s. 69(8) substituted (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 2 para. 20(f)(i) (with art. 3)

F9 Word in s. 69(8) substituted (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 2 para. 20(f)(ii) (with art. 3)

F10 S. 69(9) omitted (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by virtue of The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 2 para. 20(g) (with art. 3)