Article 8 Determinations by appointed person
In this article the expression “the appointed person” means the person appointed under article 6(5) or article 7(4).
Where a person has been appointed under article 6(5) he shall as soon as practicable after his appointment proceed to determine whether the person who is the subject of the dispute falls within article 6(1)(a), (b) and (c) or article 6(2)(a) and (b).
Where a person has been appointed under article 7(4) he shall as soon as practicable after his appointment proceed to determine which (if any) transfers of property, rights and liabilities from the Strategic Rail Authority to the Authority it is fair and reasonable to make.
Where a person appointed under article 7(4) determines that a transfer shall be made, he may—
draw up an instrument to give effect to his determination; or
order either or both parties to the dispute to draw up such instrument,
and any such instrument shall specify the date on which the transfer is to take effect.
The appointed person shall not determine a dispute under this article unless—
the parties to it have been afforded an opportunity to make written or, if a party to the dispute so requests, oral representations; and
the appointed person has considered any such representations.
Any oral representations shall be made at a hearing on a date fixed by the appointed person after consultation with the parties to the dispute.
The parties to the dispute shall have the right to be legally represented.
The rate of remuneration and expenses to be paid to the appointed person following his appointment—
may be agreed between the appointed person and the parties to the dispute; or
in the absence of such agreement, shall be determined by the Secretary of State.
The appointed person may make such determination of costs against a party to the dispute as he considers appropriate.
The appointed person shall record his determination in writing.