Friendly Societies Act 1974

76 Decision of disputes generally. U.K.

(1) Subject to [F1 [F2 subsections (3A) to (3C)] below] every dispute between—

(a) a member or person claiming through a member or under the rules of a registered society or branch, and the society or branch or an officer thereof, or

(b) any person aggrieved who has ceased to be a member of a registered society or branch, or any person claiming through such an aggrieved person, and the society or branch or an officer thereof, or

(c) any registered branch of a society F3 . . . and the society F3 . . . of which it is a registered branch, or

(d) an officer of any such registered branch and the society F3 . . . of which it is a registered branch, or

(e) any two or more registered branches of any society F3 . . ., or any officers thereof,

shall be decided in the manner directed by the rules of the society or branch, and the decision so given shall be binding and conclusive on all parties without appeal and may not be removed into any court of law or restrained by injunction.

For the purposes of [F4 section 12 of the Tribunals and Inquiries Act 1992] (supervisory powers of superior courts) this subsection shall be deemed to have been contained in an Act passed before 1st August 1958.

(2) An application for the enforcement of such a decision as is referred to in subsection (1) above may be made to the county court.

[F5 (3A) This section does not apply to a dispute if—

(a) the registered society concerned is a registered friendly society; or

(b) the registered branch concerned is a branch of a registered friendly society.

F5 (3B) The county court or, in Scotland, the sheriff may hear and determine a dispute falling within subsection (1) above if the parties agree that it shall be so determined instead of being determined under the rules.]

[F6 (3C) If the rules contain directions by virtue of which a dispute would fall to be determined by the [F7 FCA or the PRA], the dispute shall instead be referred to the county court or, in Scotland, to the sheriff for determination.]

(4) In this section, the expression “dispute”—

(a) includes any dispute arising on the question whether a member or person aggrieved is entitled to be, or to continue to be, a member or to be reinstated as a member, but

(b) in the case of a person who has ceased to be a member does not (except as provided in paragraph (a) above) include any dispute other than one on a question between him and the society or branch, or an officer thereof, which arose whilst he was a member, or arises out of his previous relation as a member to that society or branch [F8 ; and

(c) does not include a dispute between the parties mentioned in subsection (1)(a) or (b) above which has arisen as a result of and incidentally to a dispute between a member, or a person aggrieved who has ceased to be a member, of a registered society or branch and a person claiming through him or under the rules of the registered society or branch.]

(5) In the application of this section to Scotland, in subsection (1) the words “and may not” to the end of the subsection shall be omitted, in subsection (2) for the words “county court” there shall be substituted the word “ sheriff ”F9 . . ..

Textual Amendments

F1 Words in s. 76(1) substituted (13.1.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 25(2)(a) (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 2 (with arts. 3-5).

F2 Words in s. 76(1) substituted (17.8.2001 for certain purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 13(1), Sch. 3 Pt. I para. 25(a) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F3 Words in s. 76(1)(c)(d)(e) repealed (13.1.1993) by Friendly Societies Act 1992 (c. 40), ss. 95, 120(2), Sch. 16 para. 25(2)(b), Sch. 22 Pt. I (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 2 appendix (with arts. 3-5).

F4 Words in s. 76(1) substituted (1.10.1992) by Tribunals and Enquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 10.

F5 S. 76(3A)(3B) substituted (13.1.1993) for s. 76(3) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 25(3) (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 2 (with arts. 3, 4).

F6 S. 76(3C) inserted (17.8.2001 for certain purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 25(b) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F7 Words in s. 76(3C) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 5 para. 11 (with Sch. 12)

F8 S. 76(4)(c) and preceding word added (13.1.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 25(4) (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 2 (with arts. 3, 4).

F9 Words in s. 76(5) repealed (13.1.1993) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt. I (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 2 appendix (with arts. 3, 4).