House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

Public Bill Committee Proceedings: 25 March 2014
40

Deregulation Bill, continued

(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—

(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”.

Public Bill Committee Proceedings: 25 March 2014
41

Deregulation Bill, continued

      (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 arbitra

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

interaction between arbitration and third party determination.

Bill, as amended, to be reported.



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