(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 [F1Authority]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 [F1Authority] 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.
Textual Amendments
F1Words in s. 81(2) substituted (17.8.2001 for specified purposed and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8(1) ,13(1), Sch. 3, Pt. 1 para. 94 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)