SCHEDULES
SCHEDULE 4Agricultural Holdings Act 1986: resolution of disputes by third party determination
16
1
Section 48 (arbitration on terms of new tenancy) is amended as follows.
2
For subsection (3) substitute—
3
Where the provisions of this section apply—
a
the landlord or tenant may by notice in writing served on the other within the prescribed period demand a reference to arbitration under this Act of one or both of the questions specified in subsection (4) below, or
b
the landlord and tenant may refer for third party determination under this Act one or both of those questions.
3
In subsection (5) (duties of arbitrator on reference of “question (a)”)—
a
in the opening words—
i
after “arbitration” insert “or third party determination”;
ii
after “arbitrator” insert “or (as the case may be) the third party”;
b
in paragraph (b), after “award” insert “or determination”.
4
In subsection (6) (power of arbitrator to vary rent where “question (a)” but not “question (b)” referred to arbitration)—
a
after “arbitration” insert “or third party determination”;
b
after “arbitrator” insert “or (as the case may be) the third party”;
c
after “award” insert “or determination”.
5
In subsection (7) (duties of arbitrator on reference of “question (b)”)—
a
after “arbitration” insert “or third party determination”;
b
after “arbitrator” insert “or (as the case may be) the third party”.
6
In subsection (10) (power of arbitrator to include further provisions in award), after “award” insert “or (as the case may be) the third party may include in his determination”.
7
In subsection (11) (effect of arbitrator’s award made before “the relevant time”)—
a
after “award of an arbitrator” insert “or (as the case may be) the determination of a third party”;
b
after “award” (in the second place where it occurs) insert “or determination”.
8
In subsection (12) (effect of arbitrator’s award made after “the relevant time”)—
a
after “award of an arbitrator” insert “or (as the case may be) the determination of a third party”;
b
after “award” (in the second place where it occurs) insert “or determination”.
9
In the sidenote, after “Arbitration” insert “or third party determination”.