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 the President of the RICS.
(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 the President of the RICS for an arbitrator to be appointed by him 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 him 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.
(6) In this section “ the RICS ” means the Royal Institution of Chartered Surveyors. ]
Textual Amendments
F1Words in s. 84(1) repealed (19.10.2006) by The Regulatory Reform (Agricultural Tenancies) (England and Wales) Order 2006 (S.I. 2006/2805), art. 7(1), Sch. 2 (with art. 10)
F2S. 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)
Modifications etc. (not altering text)
C1S. 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)