Appointment of arbitrators etcE+W
4E+WIn section 12 (arbitration or third party determination of rent), in subsection (3)(b), for the words from “to the” to “by him” substitute “ under section 84 for the appointment of an arbitrator ”.
5(1)Section 22 (rights to require certain records to be made) is amended as follows.E+W
(2)In subsection (2), for the words from “in default” to “so appointed” substitute “ by the landlord and tenant (“the parties”) or, in default of agreement between the parties, by a person appointed by a professional authority on the application of either of them; and any person appointed by a professional authority ”.
(3)After subsection (2) insert—
“(2A)A party may not make an application to a professional authority under subsection (2) in any case if the other party has already made an application to a professional authority under that subsection in that case.”
(4)In subsection (4)—
(a)for “the President” substitute “ a professional authority ”;
(b)for “him” substitute “ that authority ”.
(5)In subsection (5)—
(a)for the first “the President” substitute “ a professional authority ”;
(b)for the second “the President” substitute “ that authority ”.
(6)After subsection (5) insert—
“(6)In this section “professional authority” has the same meaning as in section 84.”
6(1)Section 84 (arbitrations) is amended as follows.E+W
(2)In subsection (2), for “the President of the RICS” substitute “ a professional authority ”.
(3)After subsection (2) insert—
“(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.”
(4)In subsection (4)—
(a)for “the President of the RICS” substitute “ a professional authority ”;
(b)for “him”, in both places, substitute “ that authority ”.
(5)For subsection (6) substitute—
“(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.”