Paragraph 5
Where the Agency and the operator fail to agree as to a matter specified in sub-paragraph (1)(a) of paragraph 4, the Agency shall determine the matter and shall notify the operator of that determination.
An operator who does not agree with a determination made by the Agency pursuant to sub-paragraph (1) may, within 3 weeks of the Agency giving notification to him under that sub-paragraph, request that the determination be reviewed by the Agency.
Where an operator makes a request under sub-paragraph (2) and pays to the Agency the sum of £250 by way of contribution to the costs incurred by the Agency in connection with the review, the Agency shall review the determination concerned and notify the operator of its decision.
Where, pursuant to sub-paragraph (3), the Agency decides that a determination made by it pursuant to sub-paragraph (1) was incorrect, it shall refund to the operator the payment made by him in accordance with sub-paragraph (3).
Where—
following a review conducted pursuant to sub-paragraph (3), the Agency decides that its determination was correct ; and
the operator has complied with the most recent demand made by the Agency pursuant to paragraph 3,
the operator may request that the matter that is the subject of that decision be determined by a person nominated for the purpose pursuant to sub-paragraph (7)(a).
A request under sub–paragraph (5) shall be made within 1 week of the Agency giving notification to the operator under sub-paragraph (3).
Where an operator makes a request under sub–paragraph (5) —
the Agency shall nominate a person to determine the matter from the list established under sub–paragraph (8); and
within 1 month of being nominated, the person so nominated—
shall give the operator and the Agency an opportunity to make representations on the matter to be determined,
shall determine the matter concerned,
may make such order as to the costs incurred by the operator and the Agency as he considers appropriate, and
shall notify the operator and the Agency of his determination and of any such order.
The Agency shall establish and maintain a list of people who may be nominated for the purposes of this paragraph and shall consult those organisations appearing to represent operators before including any person on the list.
Where, pursuant to sub-paragraph (7)(b)(ii), a person nominated pursuant to sub-paragraph (7)(a) determines that a decision made by the Agency pursuant to sub-paragraph (3) was incorrect, the Agency shall refund to the operator the payment made by him in accordance with sub-paragraph (3).