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Section 75 Provisions as to arbitrations.C3C1

Scotland

(1)

Any matter which by or under this Act, or by regulations made thereunder, or under the lease of an agricultural holding is required to be determined by arbitration shall, whether the matter arose before or after the passing of this Act, be determined, notwithstanding any agreement under the lease or otherwise providing for a different method of arbitration, by a single arbiter in accordance with the provisions of the Sixth Schedule to this Act, and the Arbitration (Scotland) Act, 1894, shall not apply to any such arbitration.

F1(1A)

An appeal by way of application by any party to an arbitration under section 7(1) of this Act (variation of rent) shall on any question of law or fact (including the amount of the award) lie to the Land Court against the award of any arbiter appointed by the Secretary of State or the Land Court:

Provided that any such appeal under this subsection must be brought within two months of the date of issue of the award.

(2)

The Secretary of State may by rules make such provision as he thinks desirable for expediting, or reducing the expenses of, proceedings on arbitrations under this Act:

Provided that the Secretary of State shall not make rules inconsistent with the provisions of the Sixth Schedule to this Act.

(3)

The power conferred by the last foregoing subsection on the Secretary of State shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

C2(4)

This section and the last foregoing section shall not apply to valuations of sheep stocks, dung, fallow, straw, crops, fences and other specific things the property of an out-going tenant, agreed under a lease to be taken over from him at the termination of a tenancy by the landlord or the incoming tenant, or to any questions which it may be necessary to determine in order to ascertain the sum to be paid in pursuance of such agreement, and that whether such valuations and questions are referred to arbitration under the lease or not.

Annotations

Textual amendments

F1

S. 75(1A) inserted by Agricultural Holdings (Amendment) (Scotland) Act 1983 (c. 46, SIF 2:3), s. 5(1)

Modifications

C1

S. 75 extended by Agriculture Act 1986 (c. 49, SIF 2:1), s. 14, Sch. 2 para. 10(1), by S.I. 1986/1613, reg. 15(2) and by S.I. 1987/882, art. 15(2)

C2

S. 75(4) excluded by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 228(5)

C3

S. 75 applied by Opencast Coal Act 1958 (c. 69), s. 37, Sch. 7 paras. 4, 25 and Agriculture Act 1967 (c. 22), Sch. 3 para. 7(5); extended by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 11(5)

Notes on the whole Act

Textual amendments

F1

Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)

F2

Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)