Paragraph 12 Dispute resolution

England and Wales

(1)

If—

(a)

either—

(i)

agreement to refer to arbitration any dispute between the Minister and an entitled applicant is not reached within nine months from the date on which the Minister first notified the entitled applicant in accordance with paragraph 3(b) above or paragraph 5 above (as the case may be) of her determination as to amount, or

(ii)

agreement to refer to arbitration any dispute between the Minister and a person in respect of whom a revised determination as to amount is made in accordance with article 8(4) is not reached within nine months from the date on which the Minister first notified him in accordance with article 8(6) that she had revised the determination as to amount, and

(b)

the dispute has not otherwise been resolved within that period,

the Minister shall refer the dispute to the Lands Tribunal in accordance with section 5(6) of the Act.

(2)

The Minister may refer a dispute to the Lands Tribunal under sub-paragraph (1) above whether or not notice has been given in accordance with paragraph 10(1) or 10(2) above.

(3)

Any reference to the Lands Tribunal made in accordance with section 5(6) of the Act shall be conducted in accordance with the Lands Tribunal Rules 1996^f1.

Annotations

Footnotes

f1: S.I. 1996/1022.