SCHEDULES

SCHEDULE 4Agricultural Holdings Act 1986: resolution of disputes by third party determination

I116

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 ”.