Part 11Miscellaneous and general

Determination of disputes

140Determination of disputes: supplementary

1

Where a determination under section 137(1) is made in a dispute—

a

the determination is binding and conclusive on all parties without appeal;

b

in England and Wales, the determination is not removable into any court of law or restrainable by injunction;

c

an application may be made to the county court (or, in Scotland, the sheriff) for enforcement of the determination.

2

The county court (or, in Scotland, the sheriff) may order the expenses of determining a dispute under section 137, 138 or 139 to be paid—

a

out of the society's funds, or

b

by such parties to the dispute as the court (in Scotland, the sheriff) considers appropriate.

3

In England and Wales a magistrates' court may, for the purposes of the hearing or determination of a dispute under section 137, 138 or 139, grant either party—

a

such disclosure as to documents and otherwise, and

b

such inspection of documents,

as it considers necessary for the just and expeditious disposal of the dispute.

4

An order under subsection (3) for disclosure to be made on behalf of a society is to be disclosure by such of its officers as the court may determine.

5

The court to which a dispute is referred under section 137(3) to (6), 138 or 139 may at the request of either party state a case on any question of law arising in the dispute for the opinion of the High Court or the Court of Session (as the case may be).