{
  "url": "https://openlegislation.uk/building-societies-act-1986/schedule-12/part-III/crossheading-functions-of-adjudicator/paragraph-4",
  "json_url": "https://openlegislation.uk/building-societies-act-1986/schedule-12/part-III/crossheading-functions-of-adjudicator/paragraph-4.json",
  "legislation": "ukpga/1986/53",
  "legislation_title": "Building Societies Act 1986",
  "legislation_url": "https://openlegislation.uk/building-societies-act-1986",
  "path": "schedule/12/part/III/crossheading/functions-of-adjudicator/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "(1) Subject to any provision made in pursuance of sub-paragraph (3) below, a scheme must authorise the adjudicator, in reaching his decision, to have regard to, but not to be bound by, any matter (whether or not of obligation) relevant to the action complained of and to question any decision.\n(2) A scheme must impose on the adjudicator a duty, in reaching his decision, to have regard to—\n(a) the rules (if any) of the society or connected undertaking;\n(b) the provisions of any deed or contract binding the society and the complainant or, as the case may be, the connected undertaking and the complainant;\n(c) the provisions of any code of conduct applicable to the conduct by the society or connected undertaking of its affairs or business;\n(d) any advertisement issued by the society or connected undertaking in connection with any aspect of its activities and any communication with the complainant.\n(3) Subject to sub-paragraph (4) below, a scheme may preclude the adjudicator, in his determination, from questioning the merits of any decision taken by the society or connected undertaking with reference to—\n(a) the taking or conduct of legal proceedings to enforce any right of the society or connected undertaking; or\n(b) the creditworthiness, for the purposes of any advance or other service or facility, of the complainant;\nbut not otherwise.\n(4) Where investigation of a complaint on the ground of maladministration involves consideration by the adjudicator of any decision taken with reference to the creditworthiness of the complainant the scheme must confer power on the adjudicator to direct the society or associated body to take its decision again and reach it by proper procedures.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 12 Pt. III paras. 3-5, 6(1), 7 substituted (1.12.1997) by 1997 c. 32, s. 43, Sch. 7 para. 62(4); S.I. 1997/2668, art. 2, Sch. Pt. I(j)(l)(xvi)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1986/53/schedule/12/part/III/crossheading/functions-of-adjudicator/paragraph/4",
    "retrieved_at": "2026-10-29T09:54:49.368285+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}