Part II

Other provisions relating to arbitration

Consumer arbitration agreements

Arbitration agreement unfair where modest amount sought.
91
1
A term which constitutes an arbitration agreement is unfair for the purposes of the Part so far as it relates to a claim for a pecuniary remedy which does not exceed the amount specified by order for the purposes of this section.
2
Orders under this section may make different provision for different cases and for different purposes.
3
The power to make orders under this section is exercisable—
a
for England and Wales, by the Secretary of State with the concurrence of the Lord Chancellor,
b
for Scotland, by the Secretary of State . . ., and
c
for Northern Ireland, by the Department of Economic Development for Northern Ireland with the concurrence of the Lord Chancellor.
4
Any such order for England and Wales or Scotland shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5
Any such order for Northern Ireland shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution, within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
S. 91 wholly in force 31.1.1997: S. 91 not in force at Royal Assent see s. 109(1); S. 91 in force for certain purposes only at 17.12.1996 otherwise in force at 31.1.1997 by S.I.1996/3146, arts. 2, 3, Sch. 1;
S. 91(3): functions of the Lord Advocate transferred (19.5.1999) to the Secretary of State by virtue of S.I. 1999/678, arts. 2(1), Sch. (with art. 7)
Words in s. 91(3)(b) repealed (19.5.1999) by S.I. 1999/678, art. 6
S.I. 1979/1573 (N.I. 12).
1954 c. 33 (N.I.).
Word in s. 91(1) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 33; S.I. 2015/1630, art. 3(g) (with art. 6(1))