INDUSTRIAL AND PROVIDENT SOCIETIES ACT (NORTHERN IRELAND) 1969

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INDUSTRIAL AND PROVIDENT SOCIETIES ACT (NORTHERN IRELAND) 1969 - SECT 69



69.(1) Subject to subsections (2), (4) and (5), every dispute between a
registered society or an officer thereof and

(a)a member of the society; or

(b)any person aggrieved who has ceased to be a member of the society not more
than six months previously; or

(c)any person claiming through a member of the society or any such person
aggrieved; or

(d)any person claiming under the rules of the society;

(2) Unless the rules of the society expressly forbid it, the parties to a
dispute in a registered society may by consent refer the dispute to the
registrar who shall hear and determine the dispute.

(3) A decision made under subsection (1) or (2) on any dispute shall be
binding and conclusive on all parties without appeal; and

(a)the decision shall not be removable into any court of law or restrainable
by injunction; and

(b)application for the enforcement of the decision may be made to the county
court.

(4) Subject to subsection (5), any dispute directed by the rules of a
registered society to be referred to justices shall be determined by a court
of summary jurisdiction.

(5) Where, whether by virtue of subsection (4) or otherwise, a dispute is
cognisable under the rules of a registered society by a court of summary
jurisdiction, the parties to the dispute may by agreement refer the dispute to
the county court, which may hear and determine it.

(6) Where the rules of a registered society contain no direction as to
disputes, or where no decision is made on a dispute within forty days after
application to the society for a reference under its rules, any person such as
is mentioned in subsection (1)(a) to (d) who is a party to the dispute may
apply either to the county court or to a court of summary jurisdiction, which
may hear and determine the matter in dispute.

(7) For the purposes of the hearing or determination of a dispute under this
section and without prejudice to any powers exercisable by virtue of the
Arbitration Act (Northern Ireland) 1937

(a)the registrar may administer oaths and require the attendance of all
parties concerned and of witnesses and the production of all books and
documents relating to the matter in question, and shall have power to order
the expenses of determining the dispute to be paid either out of the funds of
the society or by such parties to the dispute as he shall think fit; and any
person refusing to attend, or to produce any documents, or to give evidence,
before the registrar shall be guilty of an offence and liable on summary
conviction to a fine not exceeding #10:

(b)the registrar or a court of summary jurisdiction may grant to either party
such discovery as to documents and otherwise, or such inspection of documents,
being, in the case of discovery to be made on behalf of the society, discovery
by such officer of the society as the registrar or court may determine, as
might have been granted by the High Court under section 21(1) of and Schedule
2 to the said Act of 1937.

(8) Section 22 of the Arbitration Act (Northern Ireland) 1937 shall not apply
to any dispute referred under subsections (2) to (6) and, notwithstanding
anything in any other Act, the court or registrar to whom any dispute is so
referred shall not be compelled to state a case on any question of law arising
in the dispute but may at the request of either party state such a case for
the opinion of the Court of Appeal.

(9) Anything which under this section is required or authorised to be done by,
to or before the registrar may be done by, to or before such person as he may,
with the approval of the Minister, appoint for the purpose and subsection (8)
shall apply to such a person in like manner as it applies to the registrar.

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Northern Irish Legislation

INDUSTRIAL AND PROVIDENT SOCIETIES ACT (NORTHERN IRELAND) 1969 - SECT 69