Agricultural Holdings (Arbitration on Notices) Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/257 |
| Year | 1978 |
1978 No. 257
LANDLORD AND TENANT
The Agricultural Holdings (Arbitration on Notices) Order 197827thFebruary 1978
6thMarch 1978
7thApril 1978
The Lord Chancellor, in exercise of the powers conferred upon him by sections 5 and 11(6) of the Agricultural Holdings (Notices to Quit) Act 1977(a) and all other powers enabling him in that behalf and after consultation with the Council on Tribunals as required by section 10 of the Tribunals and Inquiries Act 1971(b) hereby makes the following Order:—
PART I: PRELIMINARY
Citation and commencement
1. This Order may be cited as the Agricultural Holdings (Arbitration on Notices) Order 1978 and shall come into operation on 7th April 1978.
Interpretation
2.—(1) In this Order, unless the context otherwise requires:—
"the 1948 Act" means the Agricultural Holdings Act 1948(c);
"the 1977 Act" means the Agricultural Holdings (Notices to Quit) Act 1977;
"Case B", "Case D" and "Case E" refer severally to the Cases set out and so named in section 2(3) of the 1977 Act;
"notice to remedy" means a notice served on the tenant of an agricultural holding for the purposes of Case D requiring him to remedy a breach of a term or condition of his tenancy;
"notice to do work" means a notice to remedy requiring the doing of any work of repair, maintenance or replacement;
(a) 1977 c. 12.
(b) 1971 c. 62.
(c) 1948 c. 63.
"termination", in relation to an arbitration, means the date on which the arbitrator's award is delivered to the tenant.
(2) Any reference in this Order to any enactment or instrument shall, unless the context otherwise requires, be construed as a reference to that enactment or instrument as amended, extended or applied by any other enactment or instrument.
(3) The Interpretation Act 1889(a) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
PART II: NOTICES TO DO WORK
NOTICES REQUIRING ARBITRATION
Notice where arbitration is available at the notice to remedy stage only
3.—(1) Where a tenant on whom a notice to do work has been served wishes to have determined by arbitration under the 1948 Act any of the following questions, namely—
(a) his liability under the terms or conditions of his tenancy to do any of the work specified in the notice;
(b) the deletion from the notice of any item or part of an item of work on the ground that it is unnecessary or unjustified; or
(c) the substitution, in the case of any item or part of an item of work, of a different method or material for the method or material which the notice would otherwise require to be followed or used,
he shall do so by service of a notice requiring the question or questions to be determined by arbitration under the 1948 Act.
(2) A notice under paragraph (1) shall be in writing, and shall be served on the landlord within one month after the service on the tenant of the notice to do work.
(3) A notice under paragraph (1) shall specify, as the case may be,—
(a) any items in respect of which the tenant denies liability;
(b) any items or parts of items which the tenant claims to be unnecessary or unjustified, and
(c) any method or material in respect of which the tenant desires a substitution to be made.
Notice on other questions or in other cases
4.—(1) Where the tenant on whom a notice to do work has been served wishes to have determined by arbitration under the 1948 Act any question arising under that notice other than or in addition to any of those specified in Article 3(1), he shall do so by serving on the landlord within one month after the service of the notice to do work a notice in writing requiring the question to be so determined.
(2) A tenant who has not required arbitration under Article 3(1) or
(a) 1889 c. 63.
paragraph (1) shall not be precluded from requiring arbitration under Article 9 in respect of any questions other than those specified in Article 3(1).
(3) Nothing in this Article shall preclude a tenant who has required arbitration under this Article and who has been found liable to comply with a notice to do work or with any part of it from subsequently requiring arbitration under Article 9 on the ground that, in consequence of anything happening before the expiration of the time for doing the work as extended by the arbitrator in pursuance of Article 6(2), it would have been unreasonable to require the tenant to do the work within that time.
POWERS OF ARBITRATOR
Power to modify notice
5. 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 therefrom 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...
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