Agricultural Holdings Act 1986

84 Arbitrations. E+W

(1) Any matter which by or by virtue of this Act or regulations made under this Act is required to be determined by arbitration under this Act shall, notwithstanding any agreement (under a contract of tenancy or otherwise) providing for a different method of arbitration, be determined by the arbitration of a single arbitrator F1 . . . .

[F2 (2) The arbitrator shall be a person appointed by agreement between the parties or, in default of agreement, a person appointed on the application of either of the parties by [F3 a professional authority].

[F4 (2A) A party may not make an application to a professional authority under subsection (2) in relation to a matter if the other party has already made an application to a professional authority under that subsection in relation to that matter.]

(3) If the arbitrator dies, or is incapable of acting, a new arbitrator may be appointed as if no arbitrator had been appointed.

(4) No application may be made to [F5 a professional authority] for an arbitrator to be appointed by [F6 that authority] under this section unless the application is accompanied by such fee as may be prescribed as the fee for such an application; but once the fee has been paid in connection with any such application no further fee shall be payable in connection with any subsequent application for the appointment by [F6 that authority] of a new arbitrator in relation to that arbitration.

(5) 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 II of Schedule 8 to this Act, the arbitrator shall award compensation in accordance with the agreement instead of in accordance with this Act.

[F7 (6) In this section “professional authority” means—

(a) the President of the Royal Institution of Chartered Surveyors,

(b) the President of the Central Association of Agricultural Valuers, or

(c) the Chair of the Agricultural Law Association.

(7) The appropriate authority may by regulations amend this section so as to—

(a) include a person in, or remove a person from, the definition of “professional authority”;

(b) reflect changes in the name or internal organisation of any body mentioned in that definition.

(8) In subsection (7) “appropriate authority” means—

(a) the Secretary of State, in relation to England, and

(b) the Welsh Ministers, in relation to Wales.]]

Textual Amendments

F1 Words in s. 84(1) repealed (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), art. 7(1), Sch. 2 (with art. 10)

F2 S. 84(2)-(6) substituted for s. 84(2)-(5) (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), art. 7(2) (with art. 10)

F3 Words in s. 84(2) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 6(2)

F4 S. 84(2A) inserted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 6(3)

F5 Words in s. 84(4) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 6(4)(a)

F6 Words in s. 84(4) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 6(4)(b)

F7 S. 84(6)-(8) substituted for s. 84(6) (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(6), Sch. 3 para. 6(5)

Modifications etc. (not altering text)

C1 S. 84 applied by Agriculture Act 1986 (c. 49, SIF 2:1), s. 13, Sch. 1 Pt. III paras. 10(3), 11(5) and by S.I.s 1986/1611, reg. 16(1), 1987/908, art. 16(1)