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This is the original version (as it was originally enacted).
(1)This section sets out the awards open to the arbitrator on a reference under this Part.
(2)If the arbitrator determines that—
(a)the parties have by agreement resolved the matter of relief from payment of a protected rent debt before the reference was made,
(b)the tenancy in question is not a business tenancy, or
(c)there is no protected rent debt,
the arbitrator must make an award dismissing the reference.
(3)If, after assessing the viability of the tenant’s business, the arbitrator determines that (at the time of the assessment) the business—
(a)is not viable, and
(b)would not be viable even if the tenant were to be given relief from payment of any kind,
the arbitrator must make an award dismissing the reference.
(4)Subsection (5) applies if, after making that assessment, the arbitrator determines that (at the time of the assessment) the business—
(a)is viable, or
(b)would become viable if the tenant were to be given relief from payment of any kind.
(5)In that case the arbitrator must resolve the matter of relief from payment of a protected rent debt by—
(a)considering whether the tenant should receive any relief from payment and, if so, what relief, and
(b)making an award in accordance with section 14.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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