OpenLegislation

Paragraph 5

Original text. Later amendments are not shown.

In regulation 17 (arbitration)—

(a)

at the beginning of paragraph (2) insert “Subject to paragraph (2A),”;

(b)

after paragraph (2) insert—

“(2A)

In default of agreement between the applicant and the responsible person, the arbitrator is such person as may be appointed by the President or Vice-President of the Chartered Institute of Arbitrators following a request made by—

(a)

one party, after giving written notice to the other party, or

(b)

the parties jointly,

but this paragraph does not apply in Scotland.”; and

(c)

for paragraph (7)(b) substitute—

“(b)

“qualified person” means—

(i)

a person who satisfies the judicial-appointment eligibility condition on a 7-year basisf1,

(ii)

a person who is an advocate or solicitor in Scotland of at least 7 years’ standing, or

(iii)

a person who is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing,”.

Annotations

Footnotes

f1

The meaning of “a person who satisfies the judicial-appointment eligibility condition on an N-year basis” (where N is the number stated in the provision) is defined in section 50 of the Tribunals, Courts and Enforcement Act 2007 (c.15).