SCHEDULES

SCHEDULE 3 Consequential amendments

Section 107(1).

Merchant Shipping Act 1894 (c.60)

1

In section 496 of the Merchant Shipping Act 1894 (provisions as to deposits by owners of goods), after subsection (4) insert—

5

In subsection (3) the expression “legal proceedings” includes arbitral proceedings and as respects England and Wales and Northern Ireland the provisions of section 14 of the Arbitration Act 1996 apply to determine when such proceedings are commenced.

Stannaries Court (Abolition) Act 1896 (c.45)

2

In section 4(1) of the Stannaries Court (Abolition) Act 1896 (references of certain disputes to arbitration), for the words from “tried before” to “any such reference” substitute “ referred to arbitration before himself or before an arbitrator agreed on by the parties or an officer of the court ”.

Tithe Act 1936 (c.43)

3

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1944 (c.31)

F24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commonwealth Telegraphs Act 1949 (c.39)

5

In section 8(2) of the Commonwealth Telegraphs Act 1949 (proceedings of referees under the Act) for “the Arbitration Acts 1889 to 1934, or the Arbitration Act (Northern Ireland) 1937,” substitute “ Part I of the Arbitration Act 1996 ”.

Lands Tribunal Act 1949 (c.42)

6

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wireless Telegraphy Act 1949 (c.54)

7

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Patents Act 1949 (c.87)

8

In section 67 of the Patents Act 1949 (proceedings as to infringement of pre-1978 patents referred to comptroller), for “The Arbitration Acts 1889 to 1934” substitute “ Part I of the Arbitration Act 1996 ”.

National Health Service (Amendment) Act 1949 (c.93)

9

In section 7(8) of the M1National Health Service (Amendment) Act 1949 (arbitration in relation to hardship arising from the National Health Service Act 1946 or the Act), for “the Arbitration Acts 1889 to 1934” substitute “ Part I of the Arbitration Act 1996 ” and for “the said Acts” substitute “ Part I of that Act ”.

Arbitration Act 1950 (c.27)

10

In section 36(1) of the Arbitration Act 1950 (effect of foreign awards enforceable under Part II of that Act) for “section 26 of this Act” substitute “ section 66 of the Arbitration Act 1996 ”.

Interpretation Act (Northern Ireland) 1954 (c.33 (N.I.))

11

In section 46(2) of the Interpretation Act (Northern Ireland) 1954 (miscellaneous definitions), for the definition of “arbitrator” substitute—

“arbitrator” has the same meaning as in Part I of the Arbitration Act 1996;

Agricultural Marketing Act 1958 (c.47)

12

In section 12(1) of the Agricultural Marketing Act 1958 (application of provisions of Arbitration Act 1950)—

a

for the words from the beginning to “shall apply” substitute “ Sections 45 and 69 of the Arbitration Act 1996 (which relate to the determination by the court of questions of law) and section 66 of that Act (enforcement of awards) apply ”; and

b

for “an arbitration” substitute “ arbitral proceedings ”.

Carriage by Air Act 1961 (c.27)

13

1

The Carriage by Air Act 1961 is amended as follows.

2

In section 5(3) (time for bringing proceedings)—

a

for “an arbitration” in the first place where it occurs substitute “ arbitral proceedings ”; and

b

for the words from “and subsections (3) and (4)” to the end substitute “ and the provisions of section 14 of the Arbitration Act 1996 apply to determine when such proceedings are commenced. ”.

3

In section 11(c) (application of section 5 to Scotland)—

a

for “subsections (3) and (4)” substitute “ the provisions of section 14 of the Arbitration Act 1996 ”; and

b

for “an arbitration” substitute “ arbitral proceedings ”.

Factories Act 1961 (c.34)

14

In the Factories Act 1961, for section 171 (application of Arbitration Act 1950), substitute—

171 Application of the Arbitration Act 1996.

Part I of the Arbitration Act 1996 does not apply to proceedings under this Act except in so far as it may be applied by regulations made under this Act.

Clergy Pensions Measure 1961 (No. 3)

15

In the Clergy Pensions Measure 1961, section 38(4) (determination of questions), for the words “The Arbitration Act 1950” substitute “ Part I of the Arbitration Act 1996 ”.

Transport Act 1962 (c.46)

16

1

The Transport Act 1962 is amended as follows.

2

In section 74(6)(f) (proceedings before referees in pension disputes), for the words “the Arbitration Act 1950” substitute “ Part I of the Arbitration Act 1996 ”.

3

In section 81(7) (proceedings before referees in compensation disputes), for the words “the Arbitration Act 1950” substitute “ Part I of the Arbitration Act 1996 ”.

4

In Schedule 7, Part IV (pensions), in paragraph 17(5) for the words “the Arbitration Act 1950” substitute “ Part I of the Arbitration Act 1996 ”.

Corn Rents Act 1963 (c.14)

17

In the Corn Rents Act 1963, section 1(5) (schemes for apportioning corn rents, &c.), for the words “the Arbitration Act 1950” substitute “ Part I of the Arbitration Act 1996 ”.

Plant Varieties and Seeds Act 1964 (c.14)

F518

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c.29 (N.I.))

19

In section 9 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (proceedings of Lands Tribunal), in subsection (3) (where Tribunal acts as arbitrator) for “the Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.

Industrial and Provident Societies Act 1965 (c.12)

F1820

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Carriage of Goods by Road Act 1965 (c.37)

21

In section 7(2) of the Carriage of Goods by Road Act 1965 (arbitrations: time at which deemed to commence), for paragraphs (a) and (b) substitute—

a

as respects England and Wales and Northern Ireland, the provisions of section 14(3) to (5) of the Arbitration Act 1996 (which determine the time at which an arbitration is commenced) apply;

Factories Act (Northern Ireland) 1965 (c.20 (N.I.))

22

In section 171 of the Factories Act (Northern Ireland) 1965 (application of Arbitration Act), for “The Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.

Commonwealth Secretariat Act 1966 (c.10)

23

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arbitration (International Investment Disputes) Act 1966 (c.41)

24

In the Arbitration (International Investment Disputes) Act 1966, for section 3 (application of Arbitration Act 1950 and other enactments) substitute—

3 Application of provisions of Arbitration Act 1996.

1

The Lord Chancellor may by order direct that any of the provisions contained in sections 36 and 38 to 44 of the Arbitration Act 1996 (provisions concerning the conduct of arbitral proceedings, &c.) shall apply to such proceedings pursuant to the Convention as are specified in the order with or without any modifications or exceptions specified in the order.

2

Subject to subsection (1), the Arbitration Act 1996 shall not apply to proceedings pursuant to the Convention, but this subsection shall not be taken as affecting section 9 of that Act (stay of legal proceedings in respect of matter subject to arbitration).

3

An order made under this section—

a

may be varied or revoked by a subsequent order so made, and

b

shall be contained in a statutory instrument.

Poultry Improvement Act (Northern Ireland) 1968 (c.12 (N.I.))

25

In paragraph 10(4) of the Schedule to the Poultry Improvement Act (Northern Ireland) 1968 (reference of disputes), for “The Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.

Industrial and Provident Societies Act (Northern Ireland) 1969 (c.24 (N.I.))

26

1

Section 69 of the Industrial and Provident Societies Act (Northern Ireland) 1969 (decision of disputes) is amended as follows.

2

In subsection (7) (decision of disputes)—

a

in the opening words, omit the words from “and without prejudice” to “1937”;

b

at the beginning of paragraph (a) insert “ without prejudice to any powers exercisable by virtue of Part I of the Arbitration Act 1996, ”; and

c

in paragraph (b) omit “the registrar or” and “registrar or” and for the words from “as might have been granted by the High Court” to the end substitute “ as might be granted by the registrar ”.

3

For subsection (8) substitute—

8

The court or registrar to whom any dispute is referred under subsections (2) 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.

Health and Personal Social Services (Northern Ireland) Order 1972 (N.I.14)

27

In Article 105(6) of the Health and Personal Social Services (Northern Ireland) Order 1972 (arbitrations under the Order), for “the Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.

Consumer Credit Act 1974 (c.39)

28

1

Section 146 of the Consumer Credit Act 1974 is amended as follows.

2

In subsection (2) (solicitor engaged in contentious business), for “section 86(1) of the Solicitors Act 1957” substitute “ section 87(1) of the Solicitors Act 1974 ”.

3

In subsection (4) (solicitor in Northern Ireland engaged in contentious business), for the words from “business done” to “Administration of Estates (Northern Ireland) Order 1979” substitute “ contentious business (as defined in Article 3(2) of the Solicitors (Northern Ireland) Order 1976. ”.

Friendly Societies Act 1974 (c.46)

29

1

The Friendly Societies Act 1974 is amended as follows.

2

For section 78(1) (statement of case) substitute—

1

Any arbitrator, arbiter or umpire to whom a dispute falling within section 76 above is referred under the rules of a registered society or branch 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 or, as the case may be, the Court of Session.

3

In section 83(3) (procedure on objections to amalgamations &c. of friendly societies), for “the Arbitration Act 1950 or, in Northern Ireland, the Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.

Industry Act 1975 (c.68)

30

In Schedule 3 to the Industry Act (arbitration of disputes relating to vesting and compensation orders), in paragraph 14 (application of certain provisions of Arbitration Acts)—

a

for “the Arbitration Act 1950 or, in Northern Ireland, the Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”, and

b

for “that Act” substitute “ that Part ”.

Industrial Relations (Northern Ireland) Order 1976 (N.I.16)

F731

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aircraft and Shipbuilding Industries Act 1977 (c.3)

F1732

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Patents Act 1977 (c.37)

33

In section 130 of the Patents Act 1977 (interpretation), in subsection (8) (exclusion of Arbitration Act) for “The Arbitration Act 1950” substitute “ Part I of the Arbitration Act 1996 ”.

Judicature (Northern Ireland) Act 1978 (c.23)

34

1

The Judicature (Northern Ireland) Act 1978 is amended as follows.

2

In section 35(2) (restrictions on appeals to the Court of Appeal), after paragraph (f) insert—

fa

except as provided by Part I of the Arbitration Act 1996, from any decision of the High Court under that Part;

3

In section 55(2) (rules of court) after paragraph (c) insert—

cc

providing for any prescribed part of the jurisdiction of the High Court in relation to the trial of any action involving matters of account to be exercised in the prescribed manner by a person agreed by the parties and for the remuneration of any such person;

Health and Safety at Work (Northern Ireland) Order 1978 (N.I.9)

35

In Schedule 4 to the Health and Safety at Work (Northern Ireland) Order 1978 (licensing provisions), in paragraph 3, for “The Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.

County Courts (Northern Ireland) Order 1980 (N.I.3)

I136

1

The County Courts (Northern Ireland) Order 1980 is amended as follows.

2

In Article 30 (civil jurisdiction exercisable by district judge)—

a

for paragraph (2) substitute—

2

Any order, decision or determination made by a district judge under this Article (other than one made in dealing with a claim by way of arbitration under paragraph (3)) shall be embodied in a decree which for all purposes (including the right of appeal under Part VI) shall have the like effect as a decree pronounced by a county court judge.

b

for paragraphs (4) and (5) substitute—

4

Where in any action to which paragraph (1) applies the claim is dealt with by way of arbitration under paragraph (3)—

a

any award made by the district judge in dealing with the claim shall be embodied in a decree which for all purposes (except the right of appeal under Part VI) shall have the like effect as a decree pronounced by a county court judge;

b

the district judge may, and shall if so required by the High Court, state for the determination of the High Court any question of law arising out of an award so made;

c

except as provided by sub-paragraph (b), any award so made shall be final; and

d

except as otherwise provided by county court rules, no costs shall be awarded in connection with the action.

5

Subject to paragraph (4), county court rules may—

a

apply any of the provisions of Part I of the Arbitration Act 1996 to arbitrations under paragraph (3) with such modifications as may be prescribed;

b

prescribe the rules of evidence to be followed on any arbitration under paragraph (3) and, in particular, make provision with respect to the manner of taking and questioning evidence.

5A

Except as provided by virtue of paragraph (5)(a), Part I of the Arbitration Act 1996 shall not apply to an arbitration under paragraph (3).

3

After Article 61 insert—

Appeals from decisions under Part I of Arbitration Act 1996

61A

1

Article 61 does not apply to a decision of a county court judge made in the exercise of the jurisdiction conferred by Part I of the Arbitration Act 1996.

2

Any party dissatisfied with a decision of the county court made in the exercise of the jurisdiction conferred by any of the following provisions of Part I of the Arbitration Act 1996, namely—

a

section 32 (question as to substantive jurisdiction of arbitral tribunal);

b

section 45 (question of law arising in course of arbitral proceedings);

c

section 67 (challenging award of arbitral tribunal: substantive jurisdiction);

d

section 68 (challenging award of arbitral tribunal: serious irregularity);

e

section 69 (appeal on point of law),

may, subject to the provisions of that Part, appeal from that decision to the Court of Appeal.

3

Any party dissatisfied with any decision of a county court made in the exercise of the jurisdiction conferred by any other provision of Part I of the Arbitration Act 1996 may, subject to the provisions of that Part, appeal from that decision to the High Court.

4

The decision of the Court of Appeal on an appeal under paragraph (2) shall be final.

Supreme Court Act 1981 (c.54)

37

1

The Supreme Court Act 1981 is amended as follows.

2

In section 18(1) (restrictions on appeals to the Court of Appeal), for paragraph (g) substitute—

g

except as provided by Part I of the Arbitration Act 1996, from any decision of the High Court under that Part;

3

In section 151 (interpretation, &c.), in the definition of “arbitration agreement”, for “the Arbitration Act 1950 by virtue of section 32 of that Act;” substitute “ Part I of the Arbitration Act 1996; ”.

Merchant Shipping (Liner Conferences) Act 1982 (c.37)

38

In section 7(5) of the Merchant Shipping (Liner Conferences) Act 1982 (stay of legal proceedings), for the words from “section 4(1)” to the end substitute “ section 9 of the Arbitration Act 1996 (which also provides for the staying of legal proceedings). ”.

Agricultural Marketing (Northern Ireland) Order 1982 (N.I.12)

39

In Article 14 of the Agricultural Marketing (Northern Ireland) Order 1982 (application of provisions of Arbitration Act (Northern Ireland) 1937)—

a

for the words from the beginning to “shall apply” substitute “ Section 45 and 69 of the Arbitration Act 1996 (which relate to the determination by the court of questions of law) and section 66 of that Act (enforcement of awards) ” apply; and

b

for “an arbitration” substitute “ arbitral proceedings ”.

Mental Health Act 1983 (c.20)

40

In section 78 of the Mental Health Act 1983 (procedure of Mental Health Review Tribunals), in subsection (9) for “The Arbitration Act 1950” substitute “ Part I of the Arbitration Act 1996 ”.

Registered Homes Act 1984 (c.23)

F841

In section 43 of the Registered Homes Act 1984 (procedure of Registered Homes Tribunals), in subsection (3) for “The Arbitration Act 1950” substitute “ Part I of the Arbitration Act 1996 ”.

Housing Act 1985 (c.68)

42

In section 47(3) of the Housing Act 1985 (agreement as to determination of matters relating to service charges) for “section 32 of the Arbitration Act 1950” substitute “ Part I of the Arbitration Act 1996 ”.

Landlord and Tenant Act 1985 (c.70)

F943

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Credit Unions (Northern Ireland) Order 1985 (N.I.12)

44

1

Article 72 of the Credit Unions (Northern Ireland) Order 1985 (decision of disputes) is amended as follows.

2

In paragraph (7)—

a

in the opening words, omit the words from “and without prejudice” to “1937”;

b

at the beginning of sub-paragraph (a) insert “ without prejudice to any powers exercisable by virtue of Part I of the Arbitration Act 1996, ”; and

c

in sub-paragraph (b) omit “the registrar or” and “registrar or” and for the words from “as might have been granted by the High Court” to the end substitute “ as might be granted by the registrar ”.

3

For paragraph (8) substitute—

8

The court or registrar to whom any dispute is referred under paragraphs (2) 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.

Agricultural Holdings Act 1986 (c.5)

45

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insolvency Act 1986 (c.45)

46

In the Insolvency Act 1986, after section 349 insert—

349A Arbitration agreements to which bankrupt is party.

1

This section applies where a bankrupt had become party to a contract containing an arbitration agreement before the commencement of his bankruptcy.

2

If the trustee in bankruptcy adopts the contract, the arbitration agreement is enforceable by or against the trustee in relation to matters arising from or connected with the contract.

3

If the trustee in bankruptcy does not adopt the contract and a matter to which the arbitration agreement applies requires to be determined in connection with or for the purposes of the bankruptcy proceedings—

a

the trustee with the consent of the creditors’ committee, or

b

any other party to the agreement,

may apply to the court which may, if it thinks fit in all the circumstances of the case, order that the matter be referred to arbitration in accordance with the arbitration agreement.

4

In this section—

  • “arbitration agreement” has the same meaning as in Part I of the Arbitration Act 1996; and

  • “the court” means the court which has jurisdiction in the bankruptcy proceedings.

Building Societies Act 1986 (c.53)

47

In Part II of Schedule 14 to the Building Societies Act 1986 (settlement of disputes: arbitration), in paragraph 5(6) for “the Arbitration Act 1950 and the Arbitration Act 1979 or, in Northern Ireland, the Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.

Mental Health (Northern Ireland) Order 1986 (N.I.4)

48

In Article 83 of the Mental Health (Northern Ireland) Order 1986 (procedure of Mental Health Review Tribunal), in paragraph (8) for “The Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.

Multilateral Investment Guarantee Agency Act 1988 (c.8)

49

For section 6 of the Multilateral Investment Guarantee Agency Act 1988 (application of Arbitration Act) substitute—

6 Application of Arbitration Act.

1

The Lord Chancellor may by order made by statutory instrument direct that any of the provisions of sections 36 and 38 to 44 of the Arbitration Act 1996 (provisions in relation to the conduct of the arbitral proceedings, &c.) apply, with such modifications or exceptions as are specified in the order, to such arbitration proceedings pursuant to Annex II to the Convention as are specified in the order.

2

Except as provided by an order under subsection (1) above, no provision of Part I of the Arbitration Act 1996 other than section 9 (stay of legal proceedings) applies to any such proceedings.

Fair Employment (Northern Ireland) Act 1989 (c.32)

F1151

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitation (Northern Ireland) Order 1989 (N.I.11)

52

In Article 2(2) of the Limitation (Northern Ireland) Order 1989 (interpretation), in the definition of “arbitration agreement”, for “the Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.

Insolvency (Northern Ireland) Order 1989 (N.I.19)

53

In the Insolvency (Northern Ireland) Order 1989, after Article 320 insert—

Arbitration agreements to which bankrupt is party.

320A

1

This Article applies where a bankrupt had become party to a contract containing an arbitration agreement before the commencement of his bankruptcy.

2

If the trustee in bankruptcy adopts the contract, the arbitration agreement is enforceable by or against the trustee in relation to matters arising from or connected with the contract.

3

If the trustee in bankruptcy does not adopt the contract and a matter to which the arbitration agreement applies requires to be determined in connection with or for the purposes of the bankruptcy proceedings—

a

the trustee with the consent of the creditors’ committee, or

b

any other party to the agreement,

may apply to the court which may, if it thinks fit in all the circumstances of the case, order that the matter be referred to arbitration in accordance with the arbitration agreement.

4

In this Article—

  • “arbitration agreement” has the same meaning as in Part I of the Arbitration Act 1996; and

  • “the court” means the court which has jurisdiction in the bankruptcy proceedings.

Social Security Administration Act 1992 (c.5)

54

In section 59 of the Social Security Administration Act 1992 (procedure for inquiries, &c.), in subsection (7), for “The Arbitration Act 1950” substitute “ Part I of the Arbitration Act 1996 ”.

Social Security Administration (Northern Ireland) Act 1992 (c.8)

F1255

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)

56

In sections 212(5) and 263(6) of the Trade Union and Labour Relations (Consolidation) Act 1992 (application of Arbitration Act) for “the Arbitration Act 1950” substitute “ Part I of the Arbitration Act 1996 ”.

Industrial Relations (Northern Ireland) Order 1992 (N.I.5)

57

In Articles 84(9) and 92(5) of the Industrial Relations (Northern Ireland) Order 1992 (application of Arbitration Act) for “The Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.

Registered Homes (Northern Ireland) Order 1992 (N.I.20)

58

F13In Article 33(3) of the Registered Homes (Northern Ireland) Order 1992 (procedure of Registered Homes Tribunal) for “The Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.F13

Education Act 1993 (c.35)

F1459

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Roads (Northern Ireland) Order 1993 (N.I.15)

60

1

The Roads (Northern Ireland) Order 1993 is amended as follows.

2

In Article 131 (application of Arbitration Act) for “the Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.

3

In Schedule 4 (disputes), in paragraph 3(2) for “the Arbitration Act (Northern Ireland) 1937” substitute “ Part I of the Arbitration Act 1996 ”.

Merchant Shipping Act 1995 (c.21)

61

In Part II of Schedule 6 to the Merchant Shipping Act 1995 (provisions having effect in connection with Convention Relating to the Carriage of Passengers and Their Luggage by Sea), for paragraph 7 substitute—

7

Article 16 shall apply to arbitral proceedings as it applies to an action; and, as respects England and Wales and Northern Ireland, the provisions of section 14 of the Arbitration Act 1996 apply to determine for the purposes of that Article when an arbitration is commenced.

F16Employment Tribunals Act 1996 (c.17)

Annotations:
Amendments (Textual)
F16

Words in crossheading to Sch. 3 para. 62 substituted (E.W.S.) (1.8.1998) by virtue of 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

62

In section 6(2) of F15the Employment Tribunals Act 1996 (procedure of F15employment tribunals), for “The Arbitration Act 1950” substitute “ Part I of the Arbitration Act 1996 ”.