10(1)Where it appears that on the termination of a lease, the tenant may be entitled to a payment under paragraph 2 above, the landlord or tenant may at any time before the termination of the lease by notice in writing served on the other demand that the determination of the standard quota for the land or the tenant’s fraction shall be referred—E+W+S
(a)in the case of an agricultural holding within the meaning of [F1the 1991 Act] to arbitration under that Act or, under [F2section 60(2)] of that Act, to the Scottish Land Court;
(b)in any other case, to the Scottish Land Court, for determination by that court,
and where (a) above applies, [F3section 60(1) (or, where the circumstances require, sections 64 and 80) of the 1991 Act] shall apply, as if the matters mentioned in sub-paragraph (1) above were required by that Act to be determined by arbitration.
(2)On a reference under this paragraph the arbiter or, as the case may be, the Scottish Land Court shall determine the standard quota for the land or, as the case may be, the tenant’s fraction (as nearly as is practicable at the end of the relevant period).
Textual Amendments
F1Words in Sch. 2 para. 10(1)(a) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 51(a)( with s. 45(3), Sch. 12 para. 3)
F2Words in Sch. 2 para. 10(1)(a) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 51(a)(with s. 45(3), Sch. 12 para. 3)
F3Words in Sch. 2 para. 10(1) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 51(b)(with s. 45(3), Sch. 12 para. 3)