Article 5 Power to modify notice

In addition to any powers otherwise available to him, an arbitrator may—

(a)

in relation to any question specified in article 3(1)(b), modify a notice to do work by deleting any item or part of an item of work specified in the notice as to which, having due regard to the interests of good husbandry as respects the agricultural holding to which the notice relates and of sound management of the estate of which that holding forms part or which that holding constitutes, the arbitrator is satisfied that it is unnecessary or unjustified, and

(b)

in relation to a question specified in article 3(1)(c), modify a notice to do work by substituting, in the case of any item or part of an item of work specified in the notice, a different method or material for the method or material which the notice would otherwise require to be followed or used where, having regard to the purpose which that item or part is intended to achieve, the arbitrator is satisfied that—

(i)

the last-mentioned method or material would involve undue difficulty or expense,

(ii)

the first-mentioned method or material would be substantially as effective for that purpose, and

(iii)

in all the circumstances the substitution is justified.