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Town and Country Planning Act 1932

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40Power to refer certain disputes to arbitration or to Minister

(1)Where under this Act, or any scheme made thereunder, an appeal lies, or an application may be made, to a court of summary jurisdiction, it shall be lawful for the persons who would be parties to the appeal or application to agree in writing either that the matter in dispute shall be determined by the Minister, or that it shall be referred to the arbitration of such person as may be agreed upon or, in default of agreement, appointed by the Minister.

(2)Where under this Act, or any scheme made thereunder, an appeal lies to the Minister, or any question is to be determined by him, it shall be lawful for the persons who would be parties to the appeal, or between whom the question is raised, to agree in writing that the matter in dispute shall be referred to the arbitration of such person as may be agreed upon or, in default of agreement, appointed by the Minister.

(3)Where any such agreement as aforesaid is made, the Minister or the arbitrator, as the case may be, shall have power to make any such order or determination as, in the absence of such agreement, might have been made by the court of summary jurisdiction or by the Minister.

(4)A determination of the Minister under this section shall be final, and the parties to an arbitration under this section may, before entering on the reference, agree in writing that the award of the arbitrator shall be final on all questions, whether of law or fact, and where any such agreement is made, the provisions of the Arbitration Act, 1889, as to the power of an arbitrator to state in the form of a special case an award, or any question of law arising in the course of a reference, shall not apply.

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