Part VII Disputes

Disputes relating to friendly societies

81 Complaints by members of friendly societies.

1

Nothing in section 80 above shall affect the power of a friendly society or registered branch—

a

to establish internal procedures for the resolution of complaints; or

b

to make, to join with any other persons in making, or to accede to, schemes for the investigation and settlement by an adjudicator of complaints;

but a society or branch may not prevent a member from referring any dispute to arbitration under that section by purporting to require instead the making of a complaint or the acceptance of any determination of a complaint.

2

The Commission shall have the function of promoting the establishment by friendly societies and registered branches of—

a

internal complaints procedures; and

b

schemes for the investigation and settlement of complaints;

and, in particular, the Commission may issue such guidance on those matters to friendly societies and registered branches as it thinks fit.

3

In this section—

  • “accede”, in relation to a scheme, means assume the obligations and rights of membership of the scheme;

  • “complaint” includes any complaint made by a member about action of a friendly society or branch which constitutes (in relation to that member) unfair treatment, maladministration or breach of any contractual or other duty and causes him pecuniary loss or inconvenience;

  • “member” in relation to a friendly society or branch includes any person who is or was a member of the society or branch or is claiming through a member or under the rules; and

  • “action” includes omissions.