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Public Bill Committee: 25 March 2014                  

139

 

Deregulation Bill, continued

 
 

that has arisen with respect to the amount payable by the landlord

 

under subsection (4).”

 

8    (1)  

Section 12 (arbitration of rent) is amended as follows.

 

      (2)  

After subsection (1) insert—

 

“(1A)    

The landlord and tenant may instead refer for third party determination

 

under this Act the question of how much rent is to be payable in

 

respect of the holding as from the next termination date.”

 

      (3)  

In subsection (2) (arbitrator’s duty to determine rent properly payable)—

 

(a)    

after “arbitrator” insert “or third party”;

 

(b)    

after “demand for arbitration” insert “or (as the case may be) the

 

reference for third party determination”.

 

      (4)  

In subsection (4) (references to the next termination date following the date of

 

a demand for arbitration)—

 

(a)    

after “a demand for arbitration” insert “, or reference for third party

 

determination,”;

 

(b)    

after “the demand” (in each place where it occurs) insert “or

 

reference”.

 

      (5)  

In the sidenote, after “Arbitration” insert “or third party determination”.

 

9          

In section 13 (increases of rent for landlord’s improvements), after subsection

 

(7) (determination of any dispute between a landlord and tenant under the

 

section to be by arbitration) insert—

 

“(7A)    

Notwithstanding subsection (7) above, the landlord and the tenant may

 

instead refer the dispute for third party determination under this Act.”

 

10  (1)  

Section 14 (variation of terms of tenancies as to permanent pasture) is amended

 

as follows.

 

      (2)  

After subsection (2) insert—

 

“(2A)    

Where the landlord or tenant has the right under subsection (2) above

 

to demand that the question described in that subsection shall be

 

referred to arbitration under this Act, the landlord and tenant may

 

instead refer that question for third party determination under this

 

Act.”

 

      (3)  

In subsection (3) (power of arbitrator to direct modification of terms as to land

 

which is to be maintained as permanent pasture or is to be treated as arable land

 

and as to cropping)—

 

(a)    

after “subsection (2)” insert “or (2A)”;

 

(b)    

after “arbitrator” insert “or third party”;

 

(c)    

after “award” insert “or (as the case may be) his determination”.

 

      (4)  

In subsection (4) (power of arbitrator to order that, on termination of the

 

tenancy, the tenant should leave an area of land as permanent pasture or as

 

temporary pasture sown with certain seeds)—

 

(a)    

after “subsection (2)” insert “or (2A)”;

 

(b)    

after “arbitrator” insert “or third party”.

 

11  (1)  

Section 15 (disposal of produce and cropping) is amended as follows.

 

      (2)  

In subsection (6) (determination by arbitration of question whether tenant

 

exercising subsection (1) rights in manner likely to injure holding etc), after

 

“(including an arbitration” insert “or third party determination”.

 

      (3)  

After subsection (6) insert—

 

“(6A)    

Notwithstanding subsection (6) above, the landlord and tenant may

 

agree that, for the purposes of proceedings brought by the landlord


 
 

Public Bill Committee: 25 March 2014                  

140

 

Deregulation Bill, continued

 
 

under paragraph (a) of subsection (5) above, the question described in

 

subsection (6) is instead to be referred for third party determination

 

under this Act.

 

(6B)    

On a reference under subsection (6A) above, the determination of the

 

third party shall, for the purposes of any proceedings brought under

 

subsection (5) above (including an arbitration or third party

 

determination under paragraph (b)) be conclusive proof of the facts

 

stated in the determination.”

 

12  (1)  

Section 20 (compensation for damage by game) is amended as follows.

 

      (2)  

After subsection (4) (amount of compensation to be determined by arbitration,

 

in default of agreement) insert—

 

“(4A)    

Notwithstanding subsection (4) above, the tenant and landlord may

 

instead refer for third party determination under this Act the question

 

of the amount of compensation to which the tenant is entitled.”

 

      (3)  

After subsection (5) (determination by arbitration of questions as to the

 

landlord’s right to be indemnified against claims for compensation by the

 

person in whom the right to kill and take the wild animals or birds that did the

 

damage is vested) insert—

 

“(6)    

Notwithstanding subsection (5) above, the landlord and the other

 

person may instead refer for third party determination under this Act

 

the questions arising between them under that subsection.”

 

13         

In section 25 (length of notice to quit), in subsection (3) (effect of

 

determination under section 12 by arbitrator), after “arbitrator” insert “or third

 

party”.

 

14  (1)  

Section 33 (reduction of rent where notice is given to quit part of holding) is

 

amended as follows.

 

      (2)  

After subsection (2) (amount of rent reduction to be determined by arbitration,

 

in default of agreement) insert—

 

“(2A)    

Notwithstanding subsection (2) above, the tenant and landlord may

 

instead refer for third party determination under this Act the question

 

of the amount of any reduction of rent to which the tenant is entitled

 

under this section.”

 

      (3)  

In subsection (3) (matters to be taken into account by arbitrator)—

 

(a)    

after “arbitration” insert “or third party determination”;

 

(b)    

after “arbitrator” insert “or (as the case may be) the third party”.

 

15         

In section 47 (terms of new tenancy unless varied by arbitration), in the

 

sidenote, after “arbitration” insert “or 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”;


 
 

Public Bill Committee: 25 March 2014                  

141

 

Deregulation Bill, continued

 
 

(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”.

 

17         

In section 74 (supplementary provisions with respect to compensation:

 

termination of tenancy of part of holding), in subsection (2)(b) (matters to be

 

taken into consideration by arbitrator assessing amount of compensation

 

payable to tenant), after “arbitrator” insert “or (as the case may be) the third

 

party appointed under section 84A below”.

 

18         

In section 75 (compensation where reversionary estate in holding is severed),

 

in subsection (2)—

 

(a)    

after “arbitrator” (in the first place where it occurs) insert “or (as the

 

case may be) the third party”;

 

(b)    

after “awarded” insert “or determined by third party determination”;

 

(c)    

after “award” insert “or determination”;

 

(d)    

after “arbitrator” (in the second place where it occurs) insert “or third

 

party”.

 

19         

In section 80 (power of Tribunal to direct holding to be treated as market

 

garden), after subsection (7) insert—

 

“(7A)    

Notwithstanding the provision made by subsection (7) above for rents

 

to be settled by arbitration, the landlord and tenant may instead refer

 

those rents to be settled by third party determination under this Act.”

 

20  (1)  

Section 83 (settlement of claims on termination of tenancy) is amended as

 

follows.

 

      (2)  

After subsection (1) (determination by arbitration of claims arising under the

 

Act etc on or out of the termination of the tenancy) insert—


 
 

Public Bill Committee: 25 March 2014                  

142

 

Deregulation Bill, continued

 
 

“(1A)    

Notwithstanding subsection (1) above, but subject to the provisions of

 

subsections (2) and (3) below, the tenant and landlord may instead

 

refer for third party determination under this Act any such claim as is

 

mentioned in subsection (1).”

 

      (3)  

For subsections (4) and (5) (8 month period from the termination of the

 

tenancy within which the landlord and tenant may settle a claim by agreement

 

in writing before it is determined by arbitration) substitute—

 

“(4)    

An arbitrator may not be appointed under section 84(2) below to

 

determine a claim which has become enforceable by virtue of the

 

service of a notice under subsection (2) above before the expiry of

 

eight months from the termination of the tenancy.”

 

21         

After section 84 (arbitrations) insert—

 

“84A  

Third party determinations

 

(1)    

Parties who wish to refer a matter for third party determination under

 

this Act must jointly appoint a third party to determine the matter.

 

(2)    

Parties may not under subsection (1) jointly appoint a third party to

 

determine a matter once an arbitrator has been appointed to determine

 

the matter under section 84(2).

 

(3)    

Any matter which by or by virtue of this Act or regulations made under

 

this Act may be determined by third party determination under this Act

 

is to be treated as having been referred for third party determination

 

under this Act once an appointment has been made under subsection

 

(1).

 

(4)    

References to “third party determination under this Act” are to the

 

determination of a matter by the third party appointed under

 

subsection (1) or a replacement third party jointly appointed by the

 

parties on a termination of the earlier appointment and references to a

 

“third party”, in the context of such a determination, are to the third

 

party so appointed.

 

(5)    

If a third party appointed under this section to determine a matter dies,

 

or is incapable of acting, the parties may (instead of appointing a

 

replacement) agree to proceed as if they had not referred the matter for

 

third party determination under this Act.

 

(6)    

A matter that has been referred for third party determination under this

 

Act may not be determined by arbitration under this Act except by

 

virtue of subsection (5).

 

(7)    

Where by virtue of this Act compensation under an agreement is to be

 

substituted for compensation under this Act for improvements or for

 

any such matters as are specified in Part 2 of Schedule 8 to this Act,

 

the third party must award compensation in accordance with the

 

agreement instead of in accordance with this Act.”

 

22         

In section 85 (enforcement), in subsection (1) (recovery of unpaid amount by

 

county court proceedings), for “or awarded” substitute “, awarded or

 

determined by third party determination”.

 

23  (1)  

Section 86 (power of landlord to obtain charge on holding) is amended as

 

follows.

 

      (2)  

In subsection (2) (provision for landlord to request arbitrator to certify amount

 

of compensation and term for which charge may properly be made), in the

 

opening words—


 
 

Public Bill Committee: 25 March 2014                  

143

 

Deregulation Bill, continued

 
 

(a)    

after “arbitration” insert “or third party determination”;

 

(b)    

after “arbitrator” insert “or (as the case may be) the third party”.

 

      (3)  

In subsection (3) (landlord acting as trustee etc: ability to obtain order charging

 

the holding with repayment of sums to be paid by the landlord under the Act)—

 

(a)    

for “or awarded” (in the first place where it occurs) substitute “,

 

awarded or determined by third party determination”;

 

(b)    

after “awarded” (in the second place where it occurs) insert “or

 

determined by third party determination”.

 

24         

In section 96 (interpretation), in subsection (1), at the relevant place insert—

 

“ “third party” and “third party determination” have the meaning given

 

by section 84A(4) above;”.

 

25  (1)  

Schedule 2 (arbitration of rent: provisions supplementary to section 12) is

 

amended as follows.

 

      (2)  

In paragraph 1(3) (amount of rent: arbitrator determining current level of rents

 

for comparable lettings)—

 

(a)    

after “arbitrator” insert “or (as the case may be) the third party”;

 

(b)    

after “arbitration” insert “or third party determination”.

 

      (3)  

In paragraph 2(1) (amount of rent: duty of arbitrator to disregard increase in

 

rental value due to certain improvements), after “arbitrator” insert “or (as the

 

case may be) the third party”.

 

      (4)  

In paragraph 3 (amount of rent: other duties of arbitrator)—

 

(a)    

in the opening words, after “arbitrator” insert “or (as the case may be)

 

the third party”;

 

(b)    

in paragraph (a), after “arbitration” insert “or third party

 

determination”.

 

      (5)  

In paragraph 4 (frequency of arbitrations under section 12), in sub-paragraph

 

(1)(c), after “arbitrator” insert “or third party”.

 

      (6)  

In the heading to the Schedule, after “ARBITRATION” insert “OR THIRD

 

PARTY DETERMINATION”.’.

 

Member’s explanatory statement

 

The Schedule inserted by this amendment amends the Agricultural Holdings Act 1986 to provide

 

for disputes, other than those regarding notices to quit a tenancy, which are referable to

 

arbitration to be capable of determination by a third party appointed by the parties and provides

 

for the interaction between arbitration and third party determination.

 

 

Order of the House [3 February 2014]

 

That the following provisions shall apply to the Deregulation Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 25 March 2014.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the


 
 

Public Bill Committee: 25 March 2014                  

144

 

Deregulation Bill, continued

 
 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [25 February 2014]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 25

 

February) meet—

 

(a)  

at 2.00 pm on Tuesday 25 February;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 27 February;

 

(c)  

at 8.55 am and 2.00 pm on Tuesday 4 March;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 6 March;

 

(e)  

at 8.55 am and 2.00 pm on Tuesday 11 March;

 

(f)  

at 11.30 am and 2.00 pm on Thursday 13 March;

 

(g)  

at 8.55 am and 2.00 pm on Tuesday 18 March;

 

(h)  

at 11.30 am and 2.00 pm on Thursday 20 March;

 

(i)  

at 8.55 am and 2.00 pm on Tuesday 25 March;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 25

Until no later

Institution for Occupational Safety and Health

 
 

February

than 9.30 am

  
 

Tuesday 25

Until no later

Trades Union Congress;

 
 

February

than 10.00 am

Unite

 
 

Tuesday 25

Until no later

British Chambers of Commerce

 
 

February

than 10.30 am

  
 

Tuesday 25

Until no later

BAE Systems

 
 

February

than 11.00 am

  
 

Tuesday 25

Until no later

R3;

 
 

February

than 11.25 am

Union of Shop, Distributive and Allied

 
   

Workers (Usdaw)

 
 

Tuesday 25

Until no later

Janet Davis and Sarah Slade, on behalf of

 
 

February

than 2.30 pm

Natural England’s Stakeholder Working

 
   

Group on Unrecorded Rights of Way

 
 

Tuesday 25

Until no later

Local Government Association

 
 

February

than 3.00 pm

  
 

Tuesday 25

Until no later

Association of School and College Leaders;

 
 

February

than 3.45 pm

Andy Grace, Principal of The Boulevard

 
   

Academy, Hull

 
 

Tuesday 25

Until no later

Equality and Human Rights Commission

 
 

February

than 4.30 pm

  
 

Tuesday 25

Until no later

Federation of Small Businesses;

 
 

February

than 5.00 pm

Institute of Directors

 
 

Tuesday 25

Until no later

Forum of Private Business;

 
 

February

than 5.45 pm

Professor Julia Black, Professor of Law,

 
   

London School of Economics

 

 
 

Public Bill Committee: 25 March 2014                  

145

 

Deregulation Bill, continued

 
 

(3)  

the proceedings on consideration of the Bill in Committee shall be taken in

 

the following order: Clauses 1 to 3; Schedule 1; Clauses 4 and 5; Schedule 2;

 

Clause 6; Schedule 3; Clauses 7 to 11; Schedule 4; Clause 12; Schedule 5;

 

Clauses 13 to 19; Schedule 6; Clauses 20 to 23; Schedule 7; Clause 24;

 

Schedule 8; Clause 25; Schedule 9; Clauses 26 to 29; Schedule 10; Clause 30;

 

Schedule 11; Clauses 31 to 35; Schedule 12; Clause 36; Schedule 13; Clause

 

37; Schedule 14; Clauses 38 and 39; Schedule 15; Clauses 40 to 57; Schedule

 

16; Clauses 58 to 60; Schedule 17; Clauses 61 to 69; new Clauses; new

 

Schedules; remaining proceedings on the Bill;.

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Tuesday 25 March.

 


 
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