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Iron and Steel Act 1982

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This is the original version (as it was originally enacted).

26Procedure and enforcement of orders

(1)The arbitration tribunal shall be a court of record and have an official seal, which shall be judicially noticed, and any order of the tribunal shall be enforceable in England and Wales as if it were an order of the High Court.

(2)The provisions of the Arbitration Act 1950 with respect to—

(a)the administration of oaths and the taking of affirmations ;

(b)the correction in awards of mistakes and errors ;

(c)the summoning, attendance and examination of witnesses and the production of documents ; and

(d)the costs of the reference and award ;

shall, with any necessary modifications, apply in respect of any proceedings before the arbitration tribunal, but except as provided in this subsection that Act shall not apply to any such proceedings.

(3)The arbitration tribunal may, and, if so ordered by the Court of Appeal, shall, state in the form of a special case for determination by the Court of Appeal any question of law which may arise before them.

(4)Subject to the provisions of this section, the procedure in, or in connection with, any proceedings before the arbitration tribunal shall be such as may be determined by rules to be made by the Lord Chancellor.

(5)In relation to Scottish proceedings, this section shall have effect subject to the following modifications—

(a)for subsections (2) and (3) there shall be substituted the following subsections—

(2)The arbitration tribunal shall have the like powers for securing the attendance of witnesses and the production of documents, and with regard to the examination of witnesses on oath and the awarding of expenses, as if the arbitration tribunal were an arbiter under a submission.

(2A)An order of the arbitration tribunal may be recorded for execution in the books of Council and Session and may be enforced accordingly.

(3)The arbitration tribunal may, and, if so directed by the Court of Session, shall, state a case for the opinion of that Court on any question of law arising in the proceedings.

(3A)An appeal shall lie, with the leave of the Court of Session or of the House of Lords, from any decision of the Court of Session under subsection (3) above, and that leave may be given on such terms as to costs or otherwise as the Court of Session or the House of Lords may determine.;

(b)in subsection (4) for the reference to the Lord Chancellor there shall be substituted a reference to the Lord Advocate;

and in the case of any such proceedings, the tribunal shall, except in so far as for special reasons they think fit not to do so, sit in Scotland.

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