Paragraph 9 I1
An adjudicator may resign at any time on giving notice in writing to the parties to the dispute.
An adjudicator must resign where the dispute is the same or substantially the same as one which has previously been referred to adjudication, and a decision has been taken in that adjudication.
Where an adjudicator ceases to act under paragraph 9(1)—
the referring party may serve a fresh notice under paragraph 1 and shall request an adjudicator to act in accordance with paragraphs 2 to 7; and
if requested by the new adjudicator and insofar as it is reasonably practicable, the parties shall supply him with copies of all documents which they had made available to the previous adjudicator.
Where an adjudicator resigns in the circumstances referred to in paragraph (2), or where a dispute varies significantly from the dispute referred to him in the referral notice and for that reason he is not competent to decide it, the adjudicator shall be entitled to the payment of such reasonable amount as he may determine by way of fees and expenses reasonably incurred by him. F1F2Subject to any contractual provision pursuant to section 108A(2) of the Act, the adjudicator may determine how the payment is to be apportioned and the parties are jointly and severally liable for any sum which remains outstanding following the making of any such determination.
Annotations
Textual amendments
- F1
Words in Sch. Pt. 1 para. 9(4) substituted (W.) (1.10.2011) by The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011 (S.I. 2011/1715), regs. 1(1), 3(4) (with reg. 1(2)(3))
- F2
Words in Sch. Pt. 1 para. 9(4) substituted (E.) (1.10.2011) by The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 (S.I. 2011/2333), regs. 1(1), 3(4) (with reg. 1(2)(3))
Commencement
- I1
Sch. Pt. I para. 9 in force at 1.5.1998, see reg. 1(1)