With this it will be convenient to discuss the following:
Government amendments 1 and 2.
Amendment 9, in clause 2, page 2, line 40, at end insert—
“(6) Notwithstanding subsection (5), the provisions of this Act shall extend to a business tenancy irrespective of whether the property comprised in the tenancy is occupied by the tenant.”
This amendment broadens the definition of business tenancy to cover arrangements in which the property is not occupied by the tenant.
Amendment 13, in clause 7, page 5, line 19, at end insert—
“(2B) The Secretary of State must ensure that bodies approved under subsection (1) have sufficient numbers of arbitrators (whether alone or as a member of a panel of arbitrators) required to conduct arbitrations under this Part.”
This amendment would require the Secretary of State to ensure that the approved arbitration bodies collectively have sufficient capacity to hear all arbitrations under this Part.
Amendment 10, in clause 9, page 7, line 7, leave out from “beginning” to the end of line 8 and insert “25 March 2022”.
This amendment revises the period for a reference to arbitration to be made in order that it is consistent with the Code of Conduct.
Government amendment 3.
Amendment 14, in clause 11, page 8, line 21, leave out “supporting evidence” and insert
“any evidence relevant to the proposal.”
This amendment would require a formal proposal put forward under this section to be made on an open-book basis.
Amendment 15, in clause 17, page 11, line 13, after “practicable” insert
“and no later than 14 days”.
This amendment would require awards in arbitrations which do not have an oral hearing to be made within 14 days.
Amendment 16, in clause 19, page 12, line 6, replace “may” with “must”.
This amendment would require the Secretary of State to make regulations specifying limits on arbitration fees.
Amendment 11, page 12, line 13, before “When” insert “Subject to 6A,”.
This amendment is consequential to Amendment 12.
Government amendments 4 to 6
Amendment 12, page 12, line 19, at end insert—
“(6A) When the arbitrator makes an award under section 13 or 14, the arbitrator may also make an award requiring that a party at fault pays costs which it has caused the other party to incur.
(6B) For the purposes of 6A, a party is at fault where the arbitrator considers that the conduct of the party before or during the proceedings is unreasonable or improper.”
This amendment would empower the arbitrator to make an adverse costs award where the arbitrator considers that a party has acted unreasonably or improperly.
Government amendments 7, 8 and 18 to 21.
Amendment 17, in schedule 2, page 19, line 6, leave out sub-sub-paragraph (a).
This amendment would extend the debt claims over which a party could apply to the court for the proceedings to be stayed to claims made before 10 November 2021.