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| |
| |
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| | (5) | If a third party appointed under this section to determine a matter dies, |
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| | or is incapable of acting, the parties may (instead of appointing a |
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| | replacement) agree to proceed as if they had not referred the matter for |
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| | third party determination under this Act. |
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| | (6) | A matter that has been referred for third party determination under this |
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| | Act may not be determined by arbitration under this Act except by |
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| | virtue of subsection (5). |
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| | (7) | Where by virtue of this Act compensation under an agreement is to be |
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| | substituted for compensation under this Act for improvements or for |
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| | any such matters as are specified in Part 2 of Schedule 8 to this Act, |
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| | the third party must award compensation in accordance with the |
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| | agreement instead of in accordance with this Act.” |
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| | 22 | In section 85 (enforcement), in subsection (1) (recovery of unpaid amount by |
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| | county court proceedings), for “or awarded” substitute “, awarded or |
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| | determined by third party determination”. |
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| | 23 (1) | Section 86 (power of landlord to obtain charge on holding) is amended as |
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| | |
| | (2) | In subsection (2) (provision for landlord to request arbitrator to certify amount |
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| | of compensation and term for which charge may properly be made), in the |
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| | |
| | (a) | after “arbitration” insert “or third party determination”; |
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| | (b) | after “arbitrator” insert “or (as the case may be) the third party”. |
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| | (3) | In subsection (3) (landlord acting as trustee etc: ability to obtain order charging |
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| | the holding with repayment of sums to be paid by the landlord under the Act)— |
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| | (a) | for “or awarded” (in the first place where it occurs) substitute “, |
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| | awarded or determined by third party determination”; |
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| | (b) | after “awarded” (in the second place where it occurs) insert “or |
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| | determined by third party determination”. |
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| | 24 | In section 96 (interpretation), in subsection (1), at the relevant place insert— |
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| | “ “third party” and “third party determination” have the meaning given |
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| | by section 84A(4) above;”. |
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| | 25 (1) | Schedule 2 (arbitration of rent: provisions supplementary to section 12) is |
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| | |
| | (2) | In paragraph 1(3) (amount of rent: arbitrator determining current level of rents |
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| | for comparable lettings)— |
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| | (a) | after “arbitrator” insert “or (as the case may be) the third party”; |
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| | (b) | after “arbitration” insert “or third party determination”. |
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| | (3) | In paragraph 2(1) (amount of rent: duty of arbitrator to disregard increase in |
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| | rental value due to certain improvements), after “arbitrator” insert “or (as the |
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| | case may be) the third party”. |
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| | (4) | In paragraph 3 (amount of rent: other duties of arbitrator)— |
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| | (a) | in the opening words, after “arbitrator” insert “or (as the case may be) |
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| | |
| | (b) | in paragraph (a), after “arbitration” insert “or third party |
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| | |
| | (5) | In paragraph 4 (frequency of arbitrations under section 12), in sub-paragraph |
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| | (1)(c), after “arbitrator” insert “or third party”. |
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