Part IV: Rules, Repeals, and the Section the Supreme Court Struck Down

In one line

The last six sections of the Act make rules, repeal the old statutes, and include one provision that is printed in the Act and is not law.

In exam wording: Part IV of the Arbitration and Conciliation Act 1996 contains the supplementary provisions, sections 82 to 87, dealing with rule-making by the High Courts and the Central Government, the removal of difficulties, the repeal of the earlier arbitration statutes and of the 1996 Ordinance, and section 87.

Why a chapter on the housekeeping

Because one of the six sections is the clearest example a law student will meet of something that is printed in a statute and is not law, and because sections 85 and 86 are what date the whole subject.

Section 82: rules by the High Court

The High Court may make rules consistent with this Act as to all proceedings before the Court under this Act.

Short and practical. It is the source of the arbitration rules a High Court applies to section 9, 11, 34 and 37 matters: the form of applications, fees, and listing. Read with section 11(14), chapter 270, under which a High Court may frame rules for the fees of the tribunal having regard to the Fourth Schedule.

Section 83: removal of difficulties

Section 83(1): if any difficulty arises in giving effect to the Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the Act, as appear necessary for removing the difficulty, with a proviso that no such order be made after the expiry of two years from the commencement of the Act.

Section 83(2): every such order shall be laid before each House of Parliament as soon as may be after it is made.

The Act commenced on 22 August 1996, so the power expired on 22 August 1998 and section 83 is spent. Compare section 26 of the Legal Services Authorities Act 1987, chapter 180, which is spent for exactly the same reason. Clauses of this kind are always time-limited, because they let the executive alter the working of a statute.

Section 84: rules by the Central Government

Section 84(1): the Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of the Act.

Section 84(2): every rule made shall be laid before each House of Parliament, in the usual form, and is subject to modification or annulment.

Distinguish the three rule-making powers in this Act, which examiners like: section 82, a High Court, for proceedings before the Court; section 84, the Central Government, generally; and section 11(14), a High Court, for arbitrators' fees. Part IA adds the Council's power to make regulations under section 43L.