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”.