Modifications etc. (not altering text)
C1Pt. 1 excluded (E.W.) (1.11.1996) by 1996 c. 56, s. 336(4), 476(4), 582(4), Sch. 40, para. 4 (with s. 1(4))
Pt. 1 excluded (31.1.1997) by 1988 c. 8, s. 6 (as substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 49; S.I. 1996/3146, art. 3 (with art. 4, Sch. 2))
Pt. 1 excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3
C2Pt. 1 (ss. 1-84) excluded (E.W.) by 1998 c. 14, s. 16(9) (which is in force: at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.; at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with transitional provisions in Sch. 12, and as amended by S.I. 1999/3178, art. 3(20), Sch. 20); at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (subject to transitional provisions in Sch. 14, and as amended by S.I. 1999/3178, art. 3(20), Sch. 20); at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (subject to transitional provisions in Sch. 2); at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs. 16-18, and as amended by S.I. 1999/3178, art. 3(20), Sch. 20); 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in s. 5 and Schs. 21-23)
C3Pt. 1 (ss. 1-84) excluded by S.I. 1998/1506 (N.I. 10), art. 16(9) (which is in force: at 10.3.1999 for specified purposes by S.R. 1999/102, art. 2(a), Sch. Pt. 1; at 5.7.1999 for specified purposes by S.R. 1999/310, art. 2(1)(b), Sch. 1; at 6.9.1999 for specified purposes by S.R. 1999/371, art. 2(b), Sch. 1; at 5.10.1999 for specified purposes by S.R. 1999/407, art. 2(b), Sch.; at 18.10.1999 for specified purposes by S.R. 1999/428, art. 2(b), Sch. 1; at 29.11.1999 for specified purposes by S.R. 1999/472, art. 2(1), Sch. 1)
C4Pt. 1 excluded (E.W.) (1.9.2000) by 1999 c. 14, s. 9(4); S.I. 2000/2337, art. 2(1)(e)
Pt. 1 excluded (prosp.) by 1999 c. 14, ss. 9(4), 14(2)
Pt. 1 excluded (N.I.) (22.11.2000 for specified purposes and otherwise 2.7.2001) by 2000 c. 4, ss. 59, 68, Sch. 7 para. 10 (with s. 66(6)); S.R. 2000/358, art. 2, Sch. Pt. 2; S.R. 2001/141, art 2(1)(c), Sch.
Pt. 1 excluded (E.W.) (2.7.2001) by 2000 c. 19, s. 68, Sch. 7 para. 10(8) (with s. 83(6)); S.I. 2001/1252, art. 2(2)(a)(i)
C5Pt. 1: specified provisions applied (with modifications) (N.I.) (28.4.2002) by Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002 (S.R. 2002/120), art. 3, Sch.
C6Pt. 1 excluded (22.2.2005 for specified purposes and otherwise 6.4.2005) by Pensions Appeal Tribunals Act 1943 (c. 39), s. 6D(8) (as inserted by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 5, 8, Sch. 1 para. 4); S.I. 2005/356, art. 2, {Sch. 1, 2}
C7Pt. 1 excluded (N.I.) (1.3.2005 for specified purposes and otherwise 1.4.2005) by Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)), art. 44(4); S.R. 2005/44, arts. 2, 3, Schs. 1, 2 (subject to arts. 4-13)
C8Pt. 1 excluded (N.I.) (1.9.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), art. 23(5) (with arts. 46, 47); S.R. 2005/336, art. 2, Sch.
C9Pt. 1 excluded (N.I.) (1.9.2005) by The Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)), art. 23(4) (as substituted by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), Sch. 5 para. 7(4); S.R. 2005/336, art. 2, Sch.)
C10Pt. 1: power to exclude or restrict conferred (19.9.2007) by virtue of Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 22, 148, Sch. 5 para. 14; S.I. 2007/2709, art. 2(i)
C11Pt. 1 excluded (3.11.2008) by The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 (S.I. 2008/2685), rule 3(2)
C12Pt. 1 excluded (3.11.2008) by The Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008 (S.I. 2008/2686), rule 3(2)
C13Pt. 1 excluded (3.11.2008) by The Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698), rule 3(2)
C14Pt. 1 excluded (3.11.2008) by The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (S.I. 2008/2699), rule 3(2)
C15Pt. 1 excluded (1.4.2009) by The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (S.I. 2009/273), rule 3(2)
C16Pt. 1 excluded (1.9.2009) by The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976), rule 3(2)
C17Pt. 1 excluded (4.8.2010 for specified purposes and otherwise 1.10.2010) by Equality Act 2010 (c. 15), ss. 116(3), 216(3), Sch. 17 para. 6(6); S.I. 2010/1736, art. 2, Sch.; S.I. 2010/1966, art. 2; S.I. 2010/2317, art. 2(9)(k)(i) (with art. 15)
(1)Where the parties have agreed that there is to be an umpire, they are free to agree what the functions of the umpire are to be, and in particular—
(a)whether he is to attend the proceedings, and
(b)when he is to replace the other arbitrators as the tribunal with power to make decisions, orders and awards.
(2)If or to the extent that there is no such agreement, the following provisions apply.
(3)The umpire shall attend the proceedings and be supplied with the same documents and other materials as are supplied to the other arbitrators.
(4)Decisions, orders and awards shall be made by the other arbitrators unless and until they cannot agree on a matter relating to the arbitration.
In that event they shall forthwith give notice in writing to the parties and the umpire, whereupon the umpire shall replace them as the tribunal with power to make decisions, orders and awards as if he were sole arbitrator.
(5)If the arbitrators cannot agree but fail to give notice of that fact, or if any of them fails to join in the giving of notice, any party to the arbitral proceedings may (upon notice to the other parties and to the tribunal) apply to the court which may order that the umpire shall replace the other arbitrators as the tribunal with power to make decisions, orders and awards as if he were sole arbitrator.
(6)The leave of the court is required for any appeal from a decision of the court under this section.