Agricultural Holdings (Scotland) Act 1991

63 Panel of arbiters, and remuneration of arbiter

(1) Such number of persons as may be appointed by the Lord President of the Court of Session, after consultation with the Secretary of State, shall form a panel of persons from whom any arbiter appointed, otherwise than by agreement, for the purposes of this Act shall be selected.

(2) The panel of arbiters constituted under subsection (1) above shall be subject to revision by the Lord President of the Court of Session, after consultation with the Secretary of State, at such intervals not exceeding 5 years, as the Lord President and the Secretary of State may from time to time agree.

(3) (a) the remuneration of an arbiter appointed by the Secretary of State under Schedule 7 to this Act shall be such amount as is fixed by the Secretary of State;

(b) the remuneration of an arbiter appointed by the parties to an arbitration under this Act shall, in default of agreement between those parties and the arbiter, be such amount as, on the application of the arbiter or of either of the parties, is fixed by the auditor of the sheriff court, subject to appeal to the sheriff;

(c) the remuneration of an arbiter, when agreed or fixed under this subsection, shall be recoverable by the arbiter as a debt due from either of the parties;

(d) any amount paid in respect of the remuneration of the arbiter by either of the parties in excess of the amount (if any) directed by the award to be paid by that party in respect of the expenses of the award shall be recoverable from the other party.