The Arbitration (Scotland) Act 2010 (Consequential Amendments) Order 2010

Article 2

SCHEDULE

Commonwealth Telegraphs Act 1949 (c.39)

1.  In section 8(2)(1) of the Commonwealth Telegraphs Act 1949 (proceedings before referees under that Act), after “Nothing in” insert “any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or”.

Patents Act 1949 (c.87)

2.  In section 67(4)(2) of the Patents Act 1949 (proceedings as to infringement of pre-1978 patents referred to the Comptroller-General of Patents, Designs and Trade Marks)—

(a) at the beginning insert “Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or”; and

(b) for “shall not apply” substitute “applies”.

Factories Act 1961 (c.34)

3.—(1) In section 171(3) (application of the Arbitration Act 1996) of the Factories Act 1961—

(a) at the beginning insert “Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or”;

(b) for “does not apply” substitute “applies”; and

(c) for “it” substitute “those provisions”.

(2) In the heading of that section, after “application of” insert “the Arbitration (Scotland) Act 2010 or”.

Transport Act 1962 (c.46)

4.—(1) The Transport Act 1962 is amended as follows.

(2) In section 74(6)(f)(4) (proceedings before referees in pension disputes), after “Nothing in” insert “any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or”.

(3) In section 81(7)(d) (proceedings before referees in compensation disputes), after “Nothing in” insert “any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or”.

(4) In paragraph 17(5)(d) of Part IV (pensions) of Schedule 7, after “Nothing in” insert “any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or”.

Patents Act 1977 (c.37)

5.  In section 130(8)(5) of the Patents Act 1977 (exclusion of the Arbitration Act 1996)—

(a) at the beginning insert “Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or”; and

(b) for “shall not apply” substitute “applies”.

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

6.—(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

(2) In section 212(5)(6) (application of the Arbitration Act 1996)—

(a) at the beginning insert “Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or”; and

(b) for “does not apply” substitute “applies”.

(3) In section 263(6)(a) (application of the Arbitration Act 1996) for “section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session)” substitute “sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010”.

Employment Tribunals Act 1996 (c. 17)

7.  In section 6(2)(7) of the Employment Tribunals Act 1996 (procedure of employment tribunals arbitration)—

(a) at the beginning, insert “Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or ”; and

(b) for “does not apply” substitute “applies”.

Tribunals, Courts and Enforcement Act 2007 (c. 15)

8.  In paragraph 14 of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007 (tribunal procedure rules), after “provide for” insert “any of the provisions of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 (which extends to Scotland) or”.

(1)

Section 8(2) was amended by the Arbitration Act 1996 (c. 23) (“the 1996 Act”), Schedule 3, paragraph 5.

(2)

Section 67(4) was amended by the 1996 Act, Schedule 3, paragraph 8.

(3)

Section 171 was substituted by the 1996 Act, Schedule 3, paragraph 14.

(4)

Sections 74(6)(f), 81(7) and paragraph 17(5) were amended by the 1996 Act, Schedule 3, paragraph 16.

(5)

Section 130(8) was amended by the 1996 Act, Schedule 3, paragraph 33.

(6)

Sections 212(5) and 263(6) were amended by the Arbitration Act 1996 (c. 23) (“the 1996 Act”), Schedule 3, paragraph 56.

(7)

Section 6(2) was amended by the 1996 Act, Schedule 3, paragraph 62.