Search Legislation

Friendly Societies Act 1974

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Friendly Societies Act 1974, Section 76. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

76 Decision of disputes generally.U.K.

(1)Subject to [F1[F2subsections (3A) to (3C)] below] every dispute between—

(a)a member or person claiming through a member or under the rules of a registered society or branch, and the society or branch or an officer thereof, or

(b)any person aggrieved who has ceased to be a member of a registered society or branch, or any person claiming through such an aggrieved person, and the society or branch or an officer thereof, or

(c)any registered branch of a society F3. . . and the society F3. . . of which it is a registered branch, or

(d)an officer of any such registered branch and the society F3. . . of which it is a registered branch, or

(e)any two or more registered branches of any society F3. . ., or any officers thereof,

shall be decided in the manner directed by the rules of the society or branch, and the decision so given shall be binding and conclusive on all parties without appeal and may not be removed into any court of law or restrained by injunction.

For the purposes of [F4section 12 of the Tribunals and Inquiries Act 1992] (supervisory powers of superior courts) this subsection shall be deemed to have been contained in an Act passed before 1st August 1958.

(2)An application for the enforcement of such a decision as is referred to in subsection (1) above may be made to the county court.

[F5(3A)This section does not apply to a dispute if—

(a)the registered society concerned is a registered friendly society; or

(b)the registered branch concerned is a branch of a registered friendly society.

F5(3B)The county court or, in Scotland, the sheriff may hear and determine a dispute falling within subsection (1) above if the parties agree that it shall be so determined instead of being determined under the rules.]

[F6(3C)If the rules contain directions by virtue of which a dispute would fall to be determined by the [F7FCA or the PRA], the dispute shall instead be referred to the county court or, in Scotland, to the sheriff for determination.]

(4)In this section, the expression “dispute”—

(a)includes any dispute arising on the question whether a member or person aggrieved is entitled to be, or to continue to be, a member or to be reinstated as a member, but

(b)in the case of a person who has ceased to be a member does not (except as provided in paragraph (a) above) include any dispute other than one on a question between him and the society or branch, or an officer thereof, which arose whilst he was a member, or arises out of his previous relation as a member to that society or branch [F8; and

(c)does not include a dispute between the parties mentioned in subsection (1)(a) or (b) above which has arisen as a result of and incidentally to a dispute between a member, or a person aggrieved who has ceased to be a member, of a registered society or branch and a person claiming through him or under the rules of the registered society or branch.]

(5)In the application of this section to Scotland, in subsection (1) the words “and may not” to the end of the subsection shall be omitted, in subsection (2) for the words “county court” there shall be substituted the word “ sheriff ”F9. . ..

Textual Amendments

F1Words in s. 76(1) substituted (13.1.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 25(2)(a) (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 2 (with arts. 3-5).

F2Words in s. 76(1) substituted (17.8.2001 for certain purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 13(1), Sch. 3 Pt. I para. 25(a) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F3Words in s. 76(1)(c)(d)(e) repealed (13.1.1993) by Friendly Societies Act 1992 (c. 40), ss. 95, 120(2), Sch. 16 para. 25(2)(b), Sch. 22 Pt. I (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 2 appendix (with arts. 3-5).

F4Words in s. 76(1) substituted (1.10.1992) by Tribunals and Enquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 10.

F5S. 76(3A)(3B) substituted (13.1.1993) for s. 76(3) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 25(3) (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 2 (with arts. 3, 4).

F6S. 76(3C) inserted (17.8.2001 for certain purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 25(b) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F8S. 76(4)(c) and preceding word added (13.1.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 25(4) (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 2 (with arts. 3, 4).

F9Words in s. 76(5) repealed (13.1.1993) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt. I (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 2 appendix (with arts. 3, 4).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources