Section 91 Arbitration agreement unfair where modest amount sought.I1

United Kingdom

(1)

A term which constitutes an arbitration agreement is unfair for the purposes of the F1Part 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 F2. . ., 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 M1Statutory Rules (Northern Ireland) Order 1979 and shall be subject to negative resolution, within the meaning of section 41(6) of the M2Interpretation Act (Northern Ireland) 1954.

Annotations

Textual amendments

F1: 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))
F2: Words in s. 91(3)(b) repealed (19.5.1999) by S.I. 1999/678, art. 6

Marginal citations

M1: S.I. 1979/1573 (N.I. 12).
M2: 1954 c. 33 (N.I.).

Modifications

C1: 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)

Commencement

I1: 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;