The Agricultural Holdings (Form of Award in Arbitration Proceedings) Order 1990

Statutory Instruments

1990 No. 1472

LANDLORD AND TENANT

The Agricultural Holdings (Form of Award in Arbitration Proceedings) Order 1990

Made

4th July 1990

Laid before Parliament

16th October 1990

Coming into force

19th July 1990

The Lord Chancellor, in exercise of the powers conferred on him by section 84(2) and (3)(c) of, and paragraph 15 of Schedule 13 to, the Agricultural Holdings Act 1986(1), after consultation with the Council on Tribunals as required by section 10 of the Tribunals and Inquiries Act 1971(2), hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Agricultural Holdings (Form of Award in Arbitration Proceedings) Order 1990 and shall come into force on 19th July 1990.

Saving

2.  Articles 3 and 4 below shall not apply in relation to an arbitration where the arbitrator was appointed under the Agricultural Holdings Act 1948(3) before 18th June 1986.

Form of award

3.  An award in proceedings on an arbitration under the Agricultural Holdings Act 1986 shall be made in the form set out in the Schedule to this Order, or in a form to the like effect, with such omissions or modifications as the circumstances may require.

Revocation

4.  The Agricultural Holdings (England and Wales) Rules 1948(4), the Agricultural Holdings (England and Wales) (Amendment) Rules 1978(5) and the Agricultural Holdings (England and Wales) Rules (Variation) Order 1985(6) are hereby revoked.

Mackay of Clashfern, C.

Lord Chancellor

Dated 4th July 1990

Article 3

THE SCHEDULE AGRICULTURAL HOLDINGS ACT 1986 (Note 1)

FORM OF AWARD

Explanatory Note

(This note is not part of the Order)

This Order, which applies to England and Wales only, prescribes the form in which awards are to be made in proceedings on arbitrations under the Agricultural Holdings Act 1986 (article 3 and Schedule) and revokes the Agricultural Holdings (England and Wales) Rules 1948, as varied (“the 1948 Rules”) (article 4). The new form of award makes specific reference for the first time to rent cases, questions arising out of a notice to quit and the giving of reasons for the award, where appropriate. Arbitrators are required to omit or otherwise modify the items prescribed in the form only as far as circumstances require.

This Order does not prescribe forms of application for the appointment of arbitrators and for an extension of the time for making an award, which were prescribed in the 1948 Rules.

The prescribed forms in the 1948 Rules continue to apply where the arbitrator was appointed before 18th June 1986 (article 2).

(1)

1986 c. 5

(2)

1971 c. 62

(3)

1948 c. 63

(4)

S.R. & O. 1948/1943

(5)

S.I. 1978/444

(6)

S.I. 1985/1829