Jurisdiction of the courtU.K.
1(1)No court other than the High Court or, in the case of a building society whose principal office is in Scotland the Court of Session, shall have jurisdiction to hear and determine disputes to which this paragraph applies; and, in this Part of this Schedule, “the court” means the High Court or, as the case may be, the Court of Session.U.K.
(2)This paragraph applies to any dispute—
(a)between a building society and a member of the society in his capacity as a member, or
(b)between a building society and a representative of such a member in that capacity,
in respect of any rights or obligations arising from the rules of the society or any provision of this Act or any statutory instrument under it.
(3)Except in the cases referred to in sub-paragraph (5) below, no disputes to which this paragraph applies may be referred to arbitration.
(4)The court shall not hear and determine any dispute arising out of section 61(8)(a) or [F1paragraph 20A(10)(a) or 31(4)(a)] of Schedule 2 to this Act.
(5)The court shall not hear and determine any dispute which is required to be referred to arbitration under paragraph 4 below or which is referred to the [F2FCA] under paragraph 6 or to an adjudicator under paragraph 7 below except as provided in paragraph 2 below.
Textual Amendments
F1Words in Sch. 14 para. 1(4) substituted (1.12.1997 in specified cases and for specified purposes and otherwise in accordance with art. 2(2)(3)(5) of S.I. 1997/2668) by 1997 c. 32, ss. 43, 47(3), Sch. 7 para. 64(1); S.I. 1997/2668, art. 2, Sch. Pt. II(w)(z)(xxxvii)
F2Word in Sch. 14 para. 1(5) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 8 para. 56(2) (with Sch. 12)
2U.K.The court may hear and determine a dispute falling within paragraph 1(5) above in any case where, on the application of any person concerned, it appears to the court—
(a)that application has been made by either party to the dispute to the other party for the purpose of having the dispute settled by arbitration, and
(b)that either arbitrators have not been appointed within 40 days of that application or the arbitrators have refused, or have neglected for a period of 21 days, to proceed with the reference or make an award.