- Latest available (Revised)
- Point in Time (21/05/2006)
- Original (As made)
Version Superseded: 27/09/2012
Point in time view as at 21/05/2006. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Labour Relations Agency (Flexible Working) Arbitration Scheme Order (Northern Ireland) 2006, Paragraph 114.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
114. –
(1) Section 68 of the Arbitration Act 1996(1) shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modifications.
(2) In subsection (1)–
(a)for “(upon notice to the other parties and to the tribunal) apply to the court”substitute “(upon notice to the other party, to the arbitrator and to the Labour Relations Agency) apply to the High Court or Belfast Recorder’s Court”;
(b)for “(see section 73)”substitute “(see Part XXIII of the Scheme)”;
(c)after “section 70(2) and (3)”insert “as modified for the purposes of the Scheme”.
(3) In subsection (2)–
(a)in paragraph (a) for “section 33 (general duty of tribunal)”substitute “Part IX of the Scheme (General Duty of the Arbitrator)”;
(b)in paragraph (b) after “see section 67”insert “as modified for the purposes of the Scheme”;
(c)in paragraph (c) for “agreed by the parties”substitute “as set out in the Scheme”;
(d)in paragraph (e) for “any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award”substitute “the Labour Relations Agency”;
(e)in paragraph (g) after “;”insert “or”;
(f)omit paragraph (h);
(g)in paragraph (i) for “any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award”substitute “the Labour Relations Agency”.
(4) In subsection (3)–
(a)in paragraph (b) insert “vary the award or”before “set the award aside”;
(b)omit “The court shall not exercise its power to set aside or to declare an award to be of no effect, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration.”.
(5) After subsection (4) insert–
“(5) In this section, “the Scheme”means the arbitration scheme set out in the Schedule to the Labour Relations Agency (Flexible Working) Arbitration Scheme Order (Northern Ireland) 2006.”.
Section 68 of the Arbitration Act provides as follows:
“68. –
(1) A party to arbitral proceedings may (upon notice to the other parties and to the tribunal) apply to the court challenging an award in the proceedings on the ground of serious irregularity affecting the tribunal, the proceedings or the award.
A party may lose the right to object (see section 73) and the right to apply is subject to the restrictions in section 70(2) and (3).
(2) Serious irregularity means an irregularity of one or more of the following kinds which the court considers has caused or will cause substantial injustice to the applicant–
(a)failure by the tribunal to comply with section 33 (general duty of tribunal);
(b)the tribunal exceeding its powers (otherwise than by exceeding its substantive jurisdiction: see section 67);
(c)failure by the tribunal to conduct the proceedings in accordance with the procedure agreed by the parties;
(d)failure by the tribunal to deal with all the issues that were put to it;
(e)any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award exceeding its powers;
(f)uncertainty or ambiguity as to the effect of the award;
(g)the award being obtained by fraud or the award or the way in which it was procured being contrary to public policy;
(h)failure to comply with the requirement as to the form of the award; or
(i)any irregularity in the conduct of the proceedings or in the award which is admitted by the tribunal or by any arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award.
(3) If there is shown to be serious irregularity affecting the tribunal, the proceedings or the award, the court may–
(a)remit the award to the tribunal, in whole or in part, for reconsideration,
(b)set the award aside in whole or in part, or
(c)declare the award to be of no effect, in whole or in part.
The court shall not exercise its power to set aside or to declare an award to be of no effect, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration.
(4) The leave of the court is required for any appeal from a decision of the court under this section.”
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: