36Transfer of proceedings to District Court, etc

1. Where any proceedings have been commenced in, or transferred under section 24(3) or (4) or section 37 to, the Tribunal, and the Tribunal has no jurisdiction to hear and determine those proceedings, the Tribunal may, instead of striking out the proceedings, order that they be transferred to the District Court in its ordinary civil jurisdiction.

2. Where any proceedings have been commenced in, or transferred under section 24(3) or (4) or section 37 to, an office of the Tribunal, the Tribunal or a Registrar may, on the application of a party (other than an insurer who has become a party to those proceedings pursuant to section 28(4) or (5) or section 29(3) or section 35(6)) or of the Tribunal's or that Registrar's own motion, order that the proceedings be transferred to the District Court in its ordinary civil jurisdiction if, in the opinion of the Tribunal or that Registrar, the proceedings would more properly be determined in the District Court.

3. The Tribunal may order that proceedings commenced in, or transferred to, the Tribunal may be transferred to a Motor Vehicle Disputes Tribunal specified by it if the proceedings—

4. are within the jurisdiction of a Motor Vehicle Disputes Tribunal constituted under section 82 of the Motor Vehicle Sales Act 2003; and
5. would, in the opinion of the Tribunal, more properly be determined by a Motor Vehicle Disputes Tribunal.

6. Any order made by the Tribunal under subsection (3) is to be treated as if it were an application filed at the office of the Motor Vehicle Disputes Tribunal.

7. The Tribunal shall not make an order under subsection (1) or subsection (2) in respect of a claim if any agreement of a kind described in section 16(2) requires that the claim be submitted to arbitration.