Appointment of arbitratorsE+W
23(1)Section 12 (appointment of arbitrator) is amended as follows.E+W
(2)The existing subsection becomes subsection (1).
(3)In that subsection, for the words from “the President” to the end substitute “ a professional authority for the appointment of an arbitrator by that authority ”.
(4)After that subsection insert—
“(2)A party may not make an application to a professional authority under subsection (1) in any case if the other party has already made an application to a professional authority under that subsection in that case.”
Commencement Information
I1Sch. 3 para. 23 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)
24(1)Section 19 (references to arbitration of certain disputes) is amended as follows.E+W
(2)In subsection (4), for the words from “the President” to the end substitute “ a professional authority, subject to subsections (9) and (9A) below, for the appointment of an arbitrator by that authority ”.
(3)After subsection (9) insert—
“(9A)An application may not be made to a professional authority under subsection (4) above in any case by the landlord or the tenant if the other of them has already made an application to a professional authority under that subsection in that case.”
Commencement Information
I2Sch. 3 para. 24 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)
25(1)Section 22 (settlement of claims for disputes) is amended as follows.E+W
(2)In subsection (3), for the words from “the President” to the end substitute “ a professional authority for the appointment of an arbitrator by that authority ”.
(3)After subsection (3) insert—
“(3A)A party may not make an application to a professional authority under subsection (3) above in relation to a claim if the other party has already made an application to a professional authority under that subsection in relation to that claim.”
(4)In subsection (4)—
(a)in paragraph (b), after “as an application” insert “ to the same professional authority ”;
(b)in the words after paragraph (b), for “the President of the RICS” substitute “ the professional authority ”.
Commencement Information
I3Sch. 3 para. 25 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)
26(1)Section 28 (resolution of disputes) is amended as follows.E+W
(2)In subsection (2), for the words from “the President” to the end substitute “ a professional authority for the appointment of an arbitrator by that authority ”.
(3)In subsection (3), for the words from “the President” to the end substitute “ a professional authority for the appointment of an arbitrator by that authority ”.
(4)After subsection (3) insert—
“(3A)A party may not make an application to a professional authority under subsection (3) above in relation to a dispute if the other party has already made an application to a professional authority under that subsection in relation to that dispute.”
Commencement Information
I4Sch. 3 para. 26 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)
27(1)Section 30 (general provisions applying to arbitrations) is amended as follows.E+W
(2)In subsection (2)—
(a)for “the President of the RICS” substitute “ a professional authority ”;
(b)for “by him” substitute “ by that authority ”;
(c)for “as the President” substitute “ as that authority ”.
(3)In subsection (3)—
(a)after “appointed” insert “ by a professional authority ”;
(b)for “the President of the RICS” substitute “ that authority ”;
(c)for “by him” substitute “ by that authority ”.
Commencement Information
I5Sch. 3 para. 27 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)
28E+WIn section 38 (interpretation), in subsection (1), for the definition of “the RICS” substitute—
““professional authority” has the same meaning as it has for the time being for the purposes of section 84 of the Agricultural Holdings Act 1986;”.
Commencement Information
I6Sch. 3 para. 28 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)
29E+WIn section 39 (index)—
(a)after the entry relating to planning permission insert—
| “professional authority | section 38(1)”; |
(b)omit the entry relating to “the RICS”.
Commencement Information
I7Sch. 3 para. 29 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)