Agriculture Holdings (Amendment) (Scotland) Act 1983 (Repealed 25.9.1991)
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Change 1
5 Arbitrations.
(1) In section 75 of the 1949 Act (provision as to arbitrations) after subsection (1) there shall be inserted the following subsection— (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) In the Sixth Schedule to the 1949 Act (provision as to arbitrations)— (a) in paragraph 8, for the word “two” there shall be substituted the word “three” ; (b) after paragraph 9 there shall be inserted the following paragraph— 9A An arbiter appointed by the Secretary of State or the Land Court in an arbitration under section 7(1) of this Act shall, in making his award, state in writing his findings of fact and the reasons for his decision and shall make such statement available to the Secretary of State and the parties. ; (c) in paragraph 10, after the word “award” there shall be inserted the words “, and any statement made under paragraph 9A of this Schedule,”; (d) in paragraph 14, at the beginning, there shall be inserted the words “Subject to section 75 (1A) of this Act,”; (e) in each of paragraphs 19 and 20, at the beginning, there shall be inserted the words “Subject to paragraph 20A of this Schedule,”; and (f) after paragraph 20 there shall be inserted the following paragraph— 20A Where the arbiter in any arbitration under section 7(1) of this Act has been appointed by the Secretary of State or the Land Court paragraphs 19 and 20 of this Schedule shall not apply as regards the arbitration and instead the arbiter may at any stage of the proceedings state a case (whether at the request of either party or on his own initiative) on any question of law arising in the course of the arbitration for the opinion of the Land Court, whose decision shall be final. .
5 Arbitrations.
(1) In section 75 of the 1949 Act (provision as to arbitrations) after subsection (1) there shall be inserted the following subsection— (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) In the Sixth Schedule to the 1949 Act (provision as to arbitrations)— (a) in paragraph 8, for the word “two” there shall be substituted the word “three” ; (b) after paragraph 9 there shall be inserted the following paragraph— 9A An arbiter appointed by the Secretary of State or the Land Court in an arbitration under section 7(1) of this Act shall, in making his award, state in writing his findings of fact and the reasons for his decision and shall make such statement available to the Secretary of State and the parties. ; (c) in paragraph 10, after the word “award” there shall be inserted the words “, and any statement made under paragraph 9A of this Schedule,”; (d) in paragraph 14, at the beginning, there shall be inserted the words “Subject to section 75 (1A) of this Act,”; (e) in each of paragraphs 19 and 20, at the beginning, there shall be inserted the words “Subject to paragraph 20A of this Schedule,”; and (f) after paragraph 20 there shall be inserted the following paragraph— 20A Where the arbiter in any arbitration under section 7(1) of this Act has been appointed by the Secretary of State or the Land Court paragraphs 19 and 20 of this Schedule shall not apply as regards the arbitration and instead the arbiter may at any stage of the proceedings state a case (whether at the request of either party or on his own initiative) on any question of law arising in the course of the arbitration for the opinion of the Land Court, whose decision shall be final. .
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