# The Thurrock Flexible Generation Plant Development Consent Order 2022, Paragraph 14

Extent: E+W+S

(1) Any difference arising between the undertaker and Port of Tilbury London Limited under this Part of this Schedule (other than any difference as to the meaning or construction of this Part of this Schedule) will be resolved by expert determination.
(2) The undertaker and Port of Tilbury London Limited will agree on the appointment of the expert and will agree with the expert the terms of their appointment.
(3) If the undertaker and Port of Tilbury London Limited are unable to agree on an expert or the terms of their appointment within seven days of either party serving details of a suggested expert on the other, either party will then be entitled to request the President of the Institution of Civil Engineers to appoint an expert of repute with no less than 15 years’ experience in the relevant matter, and to agree with the expert the terms of appointment.
(4) The expert is required to prepare a written decision including reasons and give notice (including a copy) of the decision to the parties within a maximum of two months of the matter being referred to the expert.
(5) The expert will act as an expert and not as an arbitrator. The expert’s written decision on the matters referred to them is final and binding on the parties in the absence of manifest error or fraud.
(6) The expert’s fees, any costs properly incurred by them in arriving at their determination and the costs incurred by the parties under this paragraph will be borne by the parties equally or in such other proportions as the expert may direct.

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Source: https://www.legislation.gov.uk/uksi/2022/157/schedule/8/part/7/paragraph/14 (the official version)
Page: https://openlegislation.uk/thurrock-flexible-generation-plant-development-consent-order-2022/schedule-8/part-7/paragraph-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.